New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-02-14

the Constitutions The statement OF his argument Is SOME
thing like this Our present Constitution adopted in 1876
require, al elections to he by ballot. statute theh
visiting defined the ballot paper ticket which shal
contain written printed partly written and partly
rntcd the names persons whom the eicctr in
tends TO vote and shall designate tho Office to when each
pcr.on 20 named intended to Dc chosen" II f. 70 be
resumed th,t the trainers OF te Constitution. I'm adopting
tho word "b,lot" not only meant the precise knl OF
ballot described statute. but intended also 10 pro-
hihlt the use Of any other The 'ncwancled style OK
ballot" A. tn calls H. which would contain the
nses Of the candidates % all partic s therefore, I'm his
Judgment clearly unconstitutional Hero We have. hr't
rrcsumpcn what the Constitution makers Intended
ami then an Inference drawn that presumption be-
eat So the statute which the presumption is based. pro-
buits only bv Inference IL docs at all. the Of
other person. from appearing the printed ballot He
fortGcs himself In this position by the opinion Of dis
tnguhcd jWist. whose name h. dos not mention These
gentlemen con only split hairs IN con tutona law
and logic hut they divide and suldyde the severed
PARTS sim finer nlaments.
do not hesitate that such construction s I'M
supported by or precedent The language
81 the Cons' tuition b. taken In broad and general
-.rse unc., There f. something I'm the instrument to
limit the meaning T. cannot b" narrowed ana restricted
ly temporary uhaec. The word ballot has now.
and long has had wcundertooi signihca'!on. IL Is
not ~ to-day alone. which has application only
IN Nation. n primarily instrument
hy which a secret ,oc be- taken. As tho Governor
-sid stating his objections t. the ballot bin Of 1889.
election by ballot secret vote" lie must have
.
meant vote bus particular method Of pro-
,lding for q secret vote. For many year, ballots have
been piece. paper. with III" names o. clul dato- printed
u,on them hence Wei define, meaning Of The word
20 piece ~ paper - De used IN voting. But doc-
my one holic,e tho Constitution prohibits the Loes-
aturc from passing law especially n demanded by public
ocy directing that something else besdo~ plpcr shall b.
USED II i, perfectly evident why the law o. 1880 r..
quir.d the name, u candidates for whom Tho voter
Wished 20 vote be written printed tho bal
tho IN futlf MS
CHOICE II tho names Of other candidate, for
the same Office were printed The bao. md loft there.
It would he impossible u ton 'or whom tho 'o'" wa, In
tended 40 one had thcn thought ~ system which
would piece the ballot tho names - all candidates
aud leave tho the name ~ those for whom
hc dl not intend vote. Tho reason fo such system
had not occurred lawmakers % shat period They
certainly dd not ,uppos dd the Consgton.mak'rs
Il suppose that or acon they were furnishing
rca.on- r Che rejection such system. II should ever
be found necessary suppose the law referred o. had dc.
creed that ballots should De prn,d hInc Paper The
Constitution according the o,oInors reasoning, would
be violated hv any which ght diroc:
ing met they should Do printed upon white paper Tho
,, NJ l--0 requires ballot. 10 Use 20 b." printed upon
white payer ani ol.h certain Kind u type u n'"
Constitution should te adopted with that law upon o."
statute 'hr Legislator" could not thereafter enact
,oo.,frforlI ,v vtrh would uf0r'--' With mo cNact
form ~ Iiii,. moss Nothing further b, needed Q"
t0, ab.urdttv u constitution which "d- r -u'h
consequences The fat T. hat rr trainers n the con.
s,t.,Ion I'D mo-: dream nat using ho word 'iai0i
tv v,rc determining me prc-i'e star' .' and material
Z te thing referred sni 81 -'tng ' 'Nat '"n''n,-
Il.. Governor BOO Dol. last annual m">.sr" s'1;'s nat
tc-c arc treo constitutional objection. ~ an .psiN
official ballot a. contained n IN" ballot bu - I0'' Tho
.'. ara axen a. Do Stays Il'er .u f-ou the briefs -
several Ado Il-'. whose uar however. nl, 70.
vo,,d ono - objections is thr Same A. that rai.'d
m ue VITO message o. I-sp and has u-' been fuv dis
.i ,h,r'- go, "'ar r.s.' 'n 'o'. cannot o.. uld'
!.r.tI.nt upon nominations b.ns made" and certificates
I ID We'd. Z !