The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1891-09-18
The Numbered Ballot and TIE Con-
stitution.

There seems to be vast deal of mis-
apprehension as to the conditions which
existed previous to the adoption by the
Constitutional Convention of 1877, Of
the numbered ballot provision OF the
Constitution of the State, and as to
the evils which it was designed to rem
edy. This provision is simply the sub
stitution Of the infallible evidence of
the record for the testimony Of witnes.
ses who had forgotten, or never knew,
fox whom they had voted, or who
would not tell the truth in CONTESTED
election cases. From time immemor
ial illegal voters had been required in
this Commonwealth to reveal the
names of the Candidates for whom
they had cast their ballots, on The prin-
.ciple that the secrecy of the ballot
could not be pleaded for the protection
of fraud. But the untrustworthy char
acter of this evidence because of the
bad memories, ignorance or untruth-
fulness Of witnesses was notorious. I'M
mediately before the adoption of the
new Constitution there were hagrant
cases in which hired repeaters went in
to court and swore that they had vo.
ted for the candidate against whom
they had cast their fraudulent ballots.
Thus the fraudulent voting OF repeat
,ers was aggravated by perjury; and the
rendering OF substantial justice in con-
tested elections was next to impossible
from the precarious character OF the
evidence,
In this history is fonnd the reason
for the numbered ballot provision in
the Constitution, which gives in every
contest the certain record for what was
formerly the uncertain parole evidence
of forgetful, ignorant or dishonest wit
nesses. The case which best exempll-
fes the operation of this important
constitutional provision is the recent
Metzger judicial contest in Lycoming
county. In that case, which was tried
before three Judges learned in the law,
not less than eight hundred ballots
were attacked for illegality on both
sides. Only after deciding that certain
votes were invalid the Judges went to
the numbered ballots and struck them
from the return, while the secrecy Of
the ballots cast by legal voters was un-
disturbed. After the fraud had been
judicially established the numbered
ballot provision was invoked only to
undo its effects. Under the old rule
the Court would have been left to the
testimony of eight hundred witnesses,
more or less, who had forgotten, or
would not tell the truth, or who never
knew, for what candidate they had vo-
ted. In view Of the utter worthless
ness OF this kind Of evidence the case
would probably have gone off upon
some technically, and the true decis-
ion of the ballot-box would have been
defeated. No matter for whom the
decision had been made. doubt would
have clouded the title of the successful
candidate. But with the absolute GER
tainty Of the means of eliminating
fraudulent and illegal votes from the
poll provided by the numbered ballot
provision the impartiality of the decis-
ion in the Metzger- Bently judicial case
is beyond cavil or dispute.
The numbered ballot has proved
such an admirable device for defeating
accomplished fraud that it has been
retained as part of the elective sys-
tenn in some parts of Australia and in
other States, Notwithstanding the OBJ
lection that it prevents absolute secrecy
and may afford possible opportunity
Of intimidation through the collision
Of dishonest election officers. The
choice between the Australian plan
and the method of election in Penn
sylvania since 1874 is choice between
means Of preventing fraud with
reasonable certainty and securing a
free expression of the will of the voter
in the first instance, and the abandon
ment of means Of detecting fraud
afteward by examination of the bal
lot-boxes.
There may be, and there is, a reason
able difference of opinion as to wheth.
er the numbered ballot, or an absolute
ly secret hallot, or a combination OF
the two methods, will secure the best
results. But there is no necessity for
calling a Constitutional convention to
determine the matter If the Consti-
tuition need amendment in this par
ticular, let the Legislature agree upon
the form and let the people have the
opportunity to vote upon it as a single
proposition, uninfuenced by other
considerations. - Philadelphia Re,
cord.
pucklopic r,,o, ca1,,.