The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-05-22
TESTING BALLOT LAW,
Argument Against the Con-
stitutionaliiy by the
Prohibitionists.
BASED on TIE BILL OF RIGHTS
A Claim That 1t Is Special LegisIa-
tiOn, and UnIawfulIy Appro-
pirates Money.

Inc case OF OduItl DlkG& 4&9l194
Stephen B. Ransom was tried before
Judge McGrafh yesterday afternoon
This is the test case brought by the Pro
hibitionisfs 70 determine the constitutions
ality Of the Ballot Reform law.
The defendant admitted fhat ct the
election held November 4. 1890. be voted
for member Of Congress, sheriff, Coroner
aud member Of General Assembly At che
Eleventh precinct Of the Fifth Assembly
district Of Hudson county. on . ticket
that was not an official ticket, bat con-
tended that the action Of Mr. Black
against him could not be sustained be-
cause the sixty third section OF the BAL
lot law under which the action was
ton Of said law, which provides that no
ballot not printed and distributed al pub
llc expense shall be cast or counted a<
any election were unconstitutional and
void.
The sixty-third section providee:--
THAT no voter shall vote or oder 20 vote
any ballott except an official ballot in
closed and sealed in an Official envelopc,
as by this act required; any person vioIa<-
ing any Of the foregoing provisions q
this section shall incur q penalty Of -,
10 be recovered by action OF tort. before
any person who bona fide shall first bring
suit therefor"
The defendant contsnded that these
provisions Of the act, together with fhe
Goth, 27th and 28th sections, violated sew
eral provisions Of the constitution Of New
Jersey.
IT VIOLATES THE BILL OF RIGHTS.
First They violate the first clause %
| the first article OF the Constitution, en-
titled Rights and Privileges" or a. Il i
usually called. ''The Bill OF Ri ights." This
| clause declares that s.All men are BY
nature free and Independents. and have
certain natural inalienabie rights, among
which ara those OF enjoying and defend
/ ing life aud liberty, acquiring. Possessing
and protecting property. and OF pursuing
and obtaining safety and happiness
| The defendant contended that arDeDR
the inalienable rights secured 70 the cifi-
zen by this provision of the Constitution
| Is that Of the electi We franchise-the bal
/ lot-which is absol utely essential for the
| defence Of ones life and liberty. the pro
lection Of his property and his pursuit OF
| his safety and happiness That this bal
| lot law destroys the secrecy OF the ballot.
Notwithstanding its avowed purpose 70
/ secure it 1t prevents any combination
| Of citizens who have not &C previous
| election been organized and cast i've per
cent. Of the entire vote from
their ticket in the field.
Thew can only get their ticket at
the polls by procuring 300 voters 70 sign
and acknowledge petition TO the county
| or city clerk certifying that they desire 70
vote such ticket This Is great Ano
useless burden and greatly impairs the
| inalienable rights secured By this clause
Of the constitution.
Second. This act violates the second
| article of the constitution, which provides
ssThat every male citizen Of the United
States OF the age OF twenty one yeArs. .fnno we
shall have been a resident Of this state
one year. and of the county in which ne
claims his vote five months next before
the election, shall be entitled 70 vote Tor
ali officers shat now are or hereafter may
be elective by the people
The ballot law seriously interferes with
the elective franchise secured By this
provision of the constitution. The right
10 vote carries with It the right Tor any
number OF citizens to combine and form
a political party to carry out their views
ia regard to the great questions Of poIlr-
cal economy and governmental policy
which should be established In the State,
and they have the same right as all other
political parties to have their ticket be-
fore the public as any other political
party, regardless OF numbers.
TICKETS AT PUBLIC EXPENSE UNcoSs1iTU-
TI0SAL
Third-This law violates two other
| provisions Of the consfituIion;-fhe
twentieth clause Of the first article or the
bill of rights, which provides That no
donation OF land or appropriation Of
money shall be made by the State or any
municipal corporation. 10 or for the use
of any society, association or corporation
Tne ballot law violates this provision
of the constitution in that 1t
appropriates public money to prfat
the tickets Of one political party
4 sr ~f. Sr4r A<
| other parties, simply on the ground rnat
the latter parties are not as strong numer-
ically as the former. Il Is an approrr1a-
! non to an association OF individuals not
| known TO the Const1tutinn-a political
| marty. The Constitution knows no pollEz-
cal narries. It deals with the people al
large. II is the work of the people. 50
declared IN its preamble, and Is adopted
| by the people TO secure our civil and re-
lirious liberty, and transmit the same
unimpaired to succeeding generations
II yiolates the eleventh clause of the
| seventh section OF Article Of the Consti-
tuition, which provides That the Legls-
laIure shall not pass private. local or
| special laws, granting to any corporation.
| association or individual any EXCLUSIVES
| privilege, Immunity or franchise what
| ever"
This act is a piece of special legislation
| II grants to certain associations or llai-
| viduals special privileges II prnFiaes
that political parties shall be provided b.
the State with ballots at the poiiss while
otner political parties are prohibited from
! having any ballots at al there simply De-
| cause the one is numerically stronger
than the other. This is special prlvliexe
granted to the one association which =
| withheld from the other.
It is class legislation Of the most OBJ
noxiaus kind. II grants special privi-
leges TO the Democratic and hepupnean
-cretor ~nd xrfrhh<sidg the same uFiXlIe1xo
| from ali other parties. 1t passed, we bs-
lieve. for The express purpose Of forclux
All parties bnt the Democratic and Re
publican into dissolution. or crushing ont
all independent voting.
The Judge reserved bis decision
Il Tennis.
The meeting OF the Jersey City Lawn