The sun., 1891-12-15
THE DISPUTED xLEcTroN QUESTIONS
IN DU1CHESS
A Trianph IN the Hstersst Of IsriSery s.A
Corruptios.

IN DU1CBEsS
A Tri1nph In tho Iuterest OF bribery ssA
Corrupties.
from Re Po,vhlepHs Es~~Pres.
Judge Barnard's decision upon the question
OF marked ballots. II sound Law. completely
and entirely defeats the object Of the statute.
The main end Of the Ballot Reform law as set
forth by those who urged It's adoption was to
prevent bribery and to secure secrecy In vot-
ing. With q rorfect system OF secret voting.
bribery ia impossible. and it was supposed that
that end had been attained when II was pro-
vided that votes marked for the purpose Of
Identification should be void. Under the de-
cision as rendered the law is made the most
perfect engine Of successful bribery that ever
the wit OF man devised Can Il be that such O
construction Is sound2 Is the law to DO so dis
torted that It shall serve dishonest purposes
The slender pretext is made that you cannot
destroy the virtue Of q ballot with the strong
est chain Of circumstances possible to con-
cetve. until you bring the man who was bribcd
In court to confess his shame. In another par
hcular tho Ballot Reform law by most sweep
Ing enactment contradicts such doctrine. for
1t provides that ballots that do not have the
oficiai endorsement shall not be counted.
We cannot believe that the principle Of Judge
Barnards decision is sound law. or that It will
be sustained by IN appellate tribunal
We cannot believe that principle 80 utterly
atvarisnce with the spirit and intent Of The
statute can stand. for by II the purchase Of
votes Is reduced to an exact science.
Take the East Fishkill case as an illustra-
tion. Here were eighteen ballots with the
namo Of the candidate for Justice Of Ses.
stons scratched out and eighteen different
names written in. In pencil In the Same hand
~ AkA "a
persons not residing In East Fishkill. and upon
one was the name John Doe." and another
"ChAs. p Luckey" Of tho Pouehkeepsie firm
OF Luckey Platt Tho handwriting is proven
to be that Of Republican poll worker. who By
other testimony is proved to have been on.
gagged In purchasing votes and In giving to
voters pastors similarly marked. A Repub-
lican watcher takes o memorandum OF
each name as the ballots are counted.
What conclusion would anybody reach upon
that testimony To decide that those ballots
were valid means that eighteen different men
In tho First district OF the town Of East Fish,
kill wished to vote for eighteen different can
didates for the ONCE Of Justice Of Sessions.
and that each one Of those eighteen mon went
TO the same man to prepare his pastors. and
that Charles ". Horton was so interested in
the success Of the Republican candidate for
Justice Of Sessions that he took q memoran-
dun OF each one Of those eighteen ballots.
And Judge Barnard holds that you must sup
plement that proof By the production Of each
one OF the eighteen voters II there was sane
man In Duchess county who had any doubt
that each man who cast one Of these votes was
bribed. and that the name was written on the
ballot for the purpose Of identifying It. we
might think that there was some reason for
Judge Barnards construction.
From what do you infer mans intentf
According to our understanding It is usually
done from the mans own act when construed
in view Of surrounding circumstances. Does
anybody doubt from the evidence that each
man who voted one Of those tainted ballots
knew that some device was employed by which
the man who gave 1t to him could tell It when
It came out OF the box2 Even the Judge him.
self in rendering his decision said that the
moral evidence was strong. and that he DO.
lieved them to have been so marked. And yethe
holds that they must be considered good be.
cause the guilty men who voted them cannot be
identified so that they may confess their
shame.
What O travesty upon justice! What mock.
cry Of lawl
Hero was an opportunity to forever paralyze
corruption at the polls: here was an opportu-
nifty that will not occur again In lifetime to
purify the ballot, and render The law an EN-.
Client instrument in the suppression Of crimes
against the elective franchise.
Instead decision was given that legalizes
corruption. and causes the bribe-giver and
purchasers OF votes to chuckle In anticipation
OF the ease with which. In future. their neiari.
GUS work can bs carried on cloaked in the
sancity Of judicial appreciation. Will the peo-
pie OF this county and State submit to such
Of affairsp We shall see