New-York tribune., 1890-04-01

The Constitution guarantees the people contnu-
Of the right "by ballot which they enjoyed
at the time OF it, adoption. (Art. . sec -
The kind of ballot proposed by this bill is not the kind
OF ballot then in nor that which the Constitution CON
tcmplated In the species Of congomeatcd ballot
adopted has only been invented few
years. and wholly unknown when our present Con-
stitution went into eject.
paper ticket containing the written printed
partly written partly printed Of the candidates and
Of those only for whom an elecor intends to vote and
containing the names the Offices which they Ill.,
tho baor which in existence when Constitu
tion adopted and defined by statute. That
species ballot not he changed without an amend
Of the Constitution The Legislature has no power
to alter IT, Every clcctor under has
iict prepare his written or printed ballot; and to
bring II with him the polls The Legislature may
regulate il, and shape, it designate the kind
and quality o. 10 be used It may require uniform
STYLE OF canton or prescribe separate
tickets for Offices but It change the
characteristics OF ballot a 10 existed when the Con-
sttution va> The provisions for exclusively
Official ballot contained in this bill uncon>titu
tlona an ons Others following reasons which
stated without elaboration extended argument
l. They unrca>onably hinder and impede the exercise Of
the elective franchise and discriminate against the dvid
Individual electors not permitted TO print
baio; OF thcT containing :he!r candidates. bu'
content themselves with writing or pastng another
ballot fo>cd upon them agains: their will. Political
partic, and combinations of nty individuals have tho
name, OF candidates printed and thus obtain for them
recognition ON official ballot, but single clcctor j.
deprived Of ,rch rsh: The proposed statute lacks
IN and other respects the elements Of rci~o
ablcncs> uniformity and impartlaity.
They inuoSc upon the eccior ballot no: authorized
OF contemplated by the Constitution. 1t demonstrated
in my annual by arguments never yet io
tutcd that Constitution and the statutes in cNsicn'c
when IL adopted rhcn construed together virtually
define and declare shall DC deemed lawful hallo
Its essential element, hcFeinbccrc described cannot b.
added to or diminished otherwise than constitutional
amendment ly the terms this bl the ballot which the
I'd
all hc candidates Of divers parties for whom h.
does To vote. II i true he Is cacol-ly per
nt,,d tho Of thoc for whom be docs not
/ desire vote. but this privilege does not
i,Ievc the constitutional difficulty. An
| necessary burden has been placed rlon
tn lie must srutnllc an the nancS H. must
be that hc the snt ones H. must De- able
to rad the -uciuOu> lie f. forbidden 10 have
clean printed ballot Of own. lie must prepare his
ballot the polls within tho few minutes a. ot''d HIM
Il 20 this proposition Co say that afr he
ccctor prepared hi, ballot by cia~ur- pa>,ne and
writing that then conforms to the requirements %
constitutional ballot because contain, the names oi those
only hc desires vote lie ha- been forced to
accept IN ih first instance ballot which he Gf not Seek
desire. or intend TO Il ha- been denied c 'iF
lcc, Of printing hi, ballot Names whom somebody
.,, has nominated been printed upon agnn, his
nu unless Ae assumes the task of correcting it h'
votes II. and hs Not" Is thereby
wholly nuiiod well might De b" required e. accept
c.ty directory TO mark oii an the names therein
except those whom he intends 20 Not' and thn call
such directory ballot" within the meaning of TIE
Constitution The word ballot" time @, Ii" atol
on O. the Constitution had w,llcofnod and IopuarY
Understood seniAcation There no dispute A. 20
meaning IL form Of contents Any substantial De-
parlrc from is wcrecoenzed chafacerisiics Violates
tie fund ,uental law.
prevent an rl,crate eector from voting secret n'i'
An ult,rae person required accept exclusively
n.aI baio, upon which !, printed thc name. q the
1 ffo d4 sicrae fl0
names because he cann" reno or wiz a'
isd~nisd tho pr''i"ro - nr''rnf
:ho polls. IL cannot have tho as~s'an'" NJ iF'hi
either az .he polls esevher. IT. order n ,o," he is
fcq pa % an impossible thing 70 wt Select hi. ran
dllacs from numerous printed names. of ese submit -
Of his choice "a the election oHr'r
II hc submits the latter alternative the secrecy ~ i.
lal'o, d.-roved and pomisc q secrecy on ~"
pr ,hc election oser substituted !or secrecy ''
u submitted that all such provisions az IN dero-''on 81
tie ,on-ttuouo rights Of i"rste eicctof' The N1'''
chu-ett- Baob act j. not obp"N ors % ts "p'cNDn ~
cause M that state the Con-ttuioa i,s'' require, ov'fr
elocto TO read and write The Tnri.h lansuas"
There f. another consrutlonal question which 'fs's
urd.r th, bill u submitted that the pro- sion 'on
tarcs in Section D. relating 20 the election - i"o
iallo. ceg@ T. unconstitutional. That section provides
for The Of ballot clerks fvhefe ballot r''fts
ar, 10 be elected which j, in about fouf.hits - tho
state and prohbiis each political r1itv from
nominating more than cand ca'" aud ''nt'
nn cler Tor fof than one oi'rH This
provision directly I'm conflict with Article q Section
q tn. constitution which ruarantc. 20 every ''eior Nr
right 10 vote al officers That nov ~f' or h'Hio"e
NAV DE elective ny tr people" II two ballot cr1ss W
20 b. clao.ed hy the I'opi" 'hcn ~ follows ma ''h
,ie,,or q, entitled vote for tro There j. o." '''l"
fran this conclusion The qgc-iion 4. important ol"
], aroct. q vital part - tho DID. T. .. 'on"dd mt
unusual AID extraordinary powers orr 'o'f'rd upon 'r
tro isl'ot clerks Tho whole th'off Il" 90" 'N'in-l''f
oocal ballot 81. based upon assumption that m' t"o
halo; clor.s who are have sole charge ~ n ballots A
20 Dee er,v cectld on dlrcicn, ticket. and ar" 20 belong
to dfcrcn, political lar'i". II that folncnon is nndr'
mined the whole structure fall.
Thcre has never been s"rou. doubt aronf thought
,l r-. IN regard TO the uneons,ituonaiy Of ''h ~
the three mcasuf.. upon this subject presented 10 m f'
nv action lawyer IN the State. @ any consla'rn"'
stand r or reputation his profession has over Ncntnrf
an oo,nion anrmnc their con-ttuuonatv From legal
po, o. view They have wholly undefcnded a"d u;
elly indcfom,ib".
The Governor, after describing what lie thinks
d ballot reform measure ought To be, saiS
II vlu be observed that tho principal r'ason. pIe-
.onfee herein or the Withholding u approval oi this
uoa-rr. are based upo's constitutional objections ~
should not inferred from this that The m'a'nf" j. own
vi-c .cafdcl satisfactory. There az many o'',
t.e md ln,onl lroNiso.~ which, however '' ''
.snv al ,i,t.d one Of garine of it, improper
PROVISION, appeais in section l.. T. 'onieT- an authority
which has not been contained IN previous hIS IL "''
clare. ta ION the ballot exclusively Official hal')
may be printed woa, VIII aid the voter IL 1e
pe,aration Of his ballot vcting.' ihis Is clearly IN
violation Of the Of TIC Constitution tha' h' IHo'
70 should ony contain ,he names "l u" 'a''u-
d,to- and Inc olcos voted for. BESIDES, IL i .
nischle. ou- and dangerous authority Nh" Is 10 u't'r-
mine what shall printed upon the ballot uhn'f u'7
proyisoa. who is 70 decide what "ods "wii aiu ue
voter in the preparation OF his tIiiot ior N"InH "
might fairly be ASSUMED by the author Who hao uH'
prpara'ion ballots at every voter ""uiu d'-lf'
n vote foi prncs - not Tor men. ana h'hcr tn't
= wouc materially laid him the preparation 81 his
,aot fof voting there were printed on '"ch ucH't
resume the principles platforms a. he uhn'raiand>
,ho vi parties or candidates representing
Them Thus cunning, INSCRIPTIONS ana oNcI'a"ns
our,v clerN might over column cause 10 be printed,
.tn,sc candidates favor Lfgh for American
oc~ over another column, 1h"sc candidates ihNor Tree
,r,acr over a hnd '1hcsc candidates favor cold water
,c aver anoth, column 1ncsc candidates Iavor con
sniraclcs and socialism" and 20 on.
Ia couclusion thp Governor SAYS, after express