Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1891-02-20
MYERS BALLOT MACHINE.
WHAT coNsTfTU les a coNsTITu-
Ti0NAL BALLOT

To the Edlto- o. the EVENING JOURNAL
DRA 3 SIR. Is is admitted that ballot
I'D may DOW be d g aed generally as being
a paper ticket, because in such general
use. II must, however also be admitted
that it is now, and was at the time the
Constitutions Of Delaware were made.
we'll understood and kaown that small
balls (balloies, FRI or (balletes Fog !
aud from whence cur word ballot is de
rived, were also in use for voting aud
called ballots. Voting By ballot. with
balls, in general elections, continues down
to the present time in Greece.
It was then known 20 Delaware's
Constitution makers that the distinguish
ing feature Of the mode OF voting "by
ballot was absolute secrecy as distin-
guished from oral or open voting, and
the peculiar words "by ballot" inserted
by them without qualifying for tho we'll
known paper ticket, or paper bsllot. or
ball ballot, shows plainly that they did
intend TO inviolably secure "secrecyo in
voting, but did also intend to permit the
Legislature to devise the best means to
secure the end sought and ccntem
plated
Judge Cooley, on Constitutional Limi.
tations Goth ed 1907, says:
The mode OF voting in this country IL
almost universally by ballot.
The distinguishing feature OF this mode
OF voting Is, thar every voter is thus
enabled to secure and preserve the most
complete and inviolable secrecy in regard
to the persons for whom he votes. and
thus escape the influences which, under
the system OF oral suffrages. NAV be
brought to bear upon him with view To
overbear and intmidate, and thus pre-
vent the real expression Of public senti-
ment
Thus, Judge Cooley, as high authority
as. America can present, SAYS that
secrecy is the distinguishing feature.
NOT simply an ingredient of the mode
of voting" by ballot, as opposed to ali
kinds Of oral" or non secret voting. The
term ballot or by ballot designated a
secret mode Of election rather than any
special things employed, as will be
noticed
In William vs.. Stein (3s Ind. R. s9). the
Supreme Court of Indiana unanimously
sustains the opinion Of the Circuit Court.
The Circuit judge says
The common understanding in this
country certainly is that the term bal
lot implies secrecy. ] have nowhere
found a dictnm to the contrary.
After quoting a number Of authorities
he dds
1T is believed that these authorities
establish, beyond doubt. that the ballot
implies absolute and inviolable secrecy.
and that the principle il founded in the
highest consideration Of public policy
When our present constitution was
framed, voting by ballot was III vogue ia
nearly every state in the Union. That
mode Of voting had been known and we'll
understood for centuries. The term
ballot, az designating a mo ie OF election,
was then well ascertained aud clearly de-
tined
The eminent trainers of the Constitu-
ticn certainly employed this term with
a full knowledge Of its meaning.
Governor Hill ID his message OF March
81, 1890, says
NNAAE ~ HAtArN AAaN1Ao FtllAE HHLtNNlH
it means vote exempt from compulsory
observation or disclosure. There ale
numerous legal authorities which amply
sustain this position, but it is unnecessary
to cite them here The point is abund
antly settled beyond question or cavil
Lalor's Cyclopedia Of Political Science
under the title Of Ballot" in an article
by A. &. Spcfard, defines ballot to be
method Of voting designed to secure
secrecy
To show that balls were contemplated
in public mind before and down to is43.
We quote from edition Of 1s43 Of
SOuvier's Law Dictionary" Delaware
State Library, Dover ballot, dimInu.
tive ball i. e., little ball used in giving
votes. A little ball or ticket used in
voting privately
Such was the common understanding
among constitution makers and people
Therefore, it was but natural that all
photographers should, with unanimity
agree, as a few quotations will show.
One says in defining the word ballot.
first, "a little, ball, slip Of
paper or anything which is used
ia giving a secret vote. Second. a
secret method Of voting at cleo.
tions Another, ITO vote secretly, what
ever the method Of voting adopted !" an
other, originally ball used in voting
hence piece Of paper or other thing used
for the same purpose; whole amount Of
votes cast" another, "the method of
voting in secret manner By means of
balls Of different colors or put in different
compartments or any other way; secret
voting as opposed to open voting:7 and
another, "a secret method OF voting at
elections
The Constitution Of New York OF 1777
provided:
That If, after full and fair EXPERT
ment shall be made Of voting by ballet
aforesaid, the same shall be found less
conducive to the safety or interest Of
the state, than the method of voting viva
voce. it shall be lawful and constitu.
tional for the Legislature to abolish the
same.
Showing that the contention in
America was between the two broad and
opposing methods, viz. All kinds Of open
voting against the secret method, mean
ing all kinds Of ballot voting. Surely
the burden Of proof rests upon such as
may contend that voting by ballot is
limited by the Constitution To the dis