The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-05-26

vOters must nave TAKEN, before voting, an
s ssyern to .spp 81 n cGGn n;ssS S,. and
This 10 further emphasized by the
Language of the twenty-iifth and last sec
ton Of the enabling act: "That all acts
or parts Of acts In conflict with the provi-
sions Of this act, whethe' passed By the
Legislatures Of said territories or by com
unquestionably true that the members OF
the constitutional convention were In fact
elected under the territorial rule; the
class OF voters In question freely partici-
pating in b election without challenge
or objection from any e
strongly from the power given In the
twenty-fourth section of the enabling act
to the constitutional convention, and the
action of the convention Hereunder:
"Section "A. That the constitutional con-
vention may by ordinance provide for the
election Of officers for full state govern
ments, including members Of the lcgisla-
ture and representatives in the flfty-flrs
congress-
Under this power the constitutional coll
vention by ordinance second, provided
for an election to he held throughout the
territory on the first Tuesday of Octc Der,
1859, for the ratification or rejection of the
constitution and for b election of n full
set of state, district. county and township
officers, and especially provided that ''all
persons who are then qualified electors
under the law of this territory shall be
qualified to vote" at said election.
There can Dc no doubt as to the sense
In which the convention used the words
''qualificd electors under the laws of this
territory. II would be wild and irrational
to suppose that il was intended to exclude
n large class of voters who had particl-
pated in the election of the members of
the convention, and who from the organi-
zation of the territory had always exercised
unquestioned ther right of suffrage under
the territorial statutes.
This being SO, we have here the STU
preme power, the constitutional conven-
tioIT4tself, the creator Of the state, repre-
senting the ultimate sovereignty Of the
people from whose fiat there is no appeal,
declaring in unequivocal terms the quail
fications of thev voters who should partici-
pate i'm the election on the first Tuesday
in October, 1889, and ut that election by a
clear majority of legal votes, possessing
the qualifications prescribed and intended
by the convention and by the avs of
Montana, the respondent, Eugene ID. Sui
Ivan, was elected to the office of sheriff
of the county of Silver Bow.
There is another proposition which we
desire To submit to the consideration of
the court. II is, We think, a grave qdes-
ton whether under the system of voting
established by the registry and secret bal
lot laws of Montana, any judicial inquiry
whatever can be mace subsequent to the
election into the qualifications of voters.
All evidence of this character was OBJ
jected to by respondent in the trial court,
but the objection was overruled. We
limit the proposition to q judicial inquiry,
for doubtless Legislative bodies, being
judges of the election of their own MEM
bers, may conduct their Investigations in
accordance with their own methods.
Thts 10 N rnuarr.rt ~ tha .nz. 4.
government deriving its just powers from
the consent of the governed. The STU
preme arbiter from whose decisions, ex-
pressed under the forms and limitations
prescribed by law. there is no appeal, is
the will of the majority. To ascertain
that will, to give it free and unobstructed
course, and to render II not only theoret-
ically but practically decisive and coiI-
trolling in the affairs of government, is
The great problem of practical politics
which imperatively demands n solution.
With this end in view We have long
since cut loose from the original open
viva voce method of voting, and substi-
tuted the ballot system, the distinguishing
feature of which is secrecy, aiming
thereby to protect the voter from those
sinister influences which tend to control
or subvert his freedom of choice. And
there has been a progressive increase in
b stringency OF the enactments which
ciu W stCuIc tuiS Ttsult, culullIlutltlK al
last In the adoption in Montana, and i'm
many OF the states OF the republic, OF a
system of registration and ballot laws,
which aim not only to n the ballot
secret, but to make that secrecy impene'
trable. So important has this been
deemed by the legislature, that by the
ballot law II is made a criminal otfense
for n voter to show his ballot SO as tc
reveal its contents, or the name of any
candidate for whom he has marked his
vote; n il is also made a crime for any
person to solicit the elector to show his
ballot.
The registration law, by many and
elaborate provisions, has instituted O
thorough going scrutiny into the qaliilca
tons of voters-a scrutiny conducted
under oath, and not merely by set ques
tons or prescribed formulas, but ths
registry agents are invested with the
power of oral examination, which the,
may pursue TO n extent in their discrc'
ton.
If the election officers do their duty il
is next to impossiblc.for any disqualified
voter to get his name on the reg
istry lists, or run Tho gauntlet of the ex
aminations and challenges which viii
meet him ut every turn from registr,
agents, judges Of election and the keei
eyed partisans and managers Of riva
candidates; and IL he should succeed h
will vote at the imminent risk of detec
ton, and of mourning the penalties pre-
scribed for perjury, and illegal registra
ton and voting.
To throw all this to the winds and opel
the door to q post factum investigation
in the courts, carried on long after tin
election has closed, and accompanied b,
prolonged litigation, is, we think. a mat
ter Of doubtful e~xpediency, for whicl
there is 10 clear warrant of law.
Public Offices are provided for the benc
1T and service Of the people, and not TO
the profit OF the incumbents. and publ
policy demands that the title theret'
should not be left i'm doubt, but summaI
ily determined.
The aim and purpose of the elcctiol
laws being to procure the registration a
qualified voters only, and TO cover with
veil of profound and inviolable secrec
the ballot of the ~elector, noinquiry can b