Smyrna times., 1892-01-06
Hon. N. B. smithers Discusses the
ballot Law.

A few weeks ago we gave a large
synopsis of Hon. +. F. Bayard's version
of the Ballot Law Last week. after AN
address by Hugh c. Brown, ESQ, the
Hon. n. b. Smithers delivered himself
on the same subject of which the fol-
lowing is a synopsis:
The Hon. N. Is. Smithers followed
Mr.. Browne, and despite his Years the
venerable nestOr of Deiaware's bar
made a speech that brought his hearers
to their feet again and again. He
also took up the ballot puzzle and h.
handled il and its Originators without
gloves. He condemned il as pn insult
to American citizens. 1t was plain
announcement to the people of Della
ware that they could not be trusted to
exercise in their own way the dear
est right conferred upon them by this
gOvernment-the right of franchise. 1t
was a cumbersome, useless, burden
some mOnstrOsity that was conceived
to do everything but what il claimed
to be intended to aid the voter to cast
his ballot without hindrance, when in
fact by it the citizen in casting his
ballot was hindered and hampered at
every step. From the first paragraph
to the last of its enormous length it
treated him as if he were unfit or I'M
capable of depOsitlng a ballot in the
box as he himself wished to. 1t claimed
to protect him against bribery and coer-
ciOn bymaking these things impossible,
while 1T in fact not only made both more
strikingly possible than ever before,
but made them in every way more
easy. AS one illutration
Section 10 of this arrangement saws
ANY voter while in the booth NAV
erase any name from any column and
substitute the name of any other per-
son, ETC." Now if a briber wishes to
make sure of his man and not paw him
till his work is done, he Just tells him
to mark a certain ticket with the name
OF any fictitious person for some minor
office and if that ticket comes ont
voted in the way the briber wishes
why, the bribed one receives his
pay.
Mr.. Smithers enjoining his ReDubli-
can friends 10 thoroughly post
themselves as to the laws requirements
as it was the law.
After the address-the rear room
having been fitted up as a voting booth
the voting was commenced and con-
tlnned until late hour.
THE NEW YORK BALLOT LAW.
An improved Ballot Law to throw
safeguards around the voter is always
right and expedient, but there is fric-
ton, as might be expected in getting it
adjusted. The New York correspond
ent of the Philadelphia Ledger gives
the following experiences which the
law OF that State is going through, and
how by it the Legislature was made
Democratic.
The enactments of the law was well
coined throughout the State by Repub-
means and MugWumps as victory for
them and defeat for Hill and Tam
many. Yet the most sweeping vitOrv
obtained by the Democracy of the State
since the defeat of FOlger was achieved
under this Republican law. Instead
of DISTINGUISHING thousands of Demo.
cratic voters in the tenement-house
districts of this city, it disfranchised
l2OO Republican voters in Onondaga
county, thus electing a Democratic
Senator and making the Legislature
Democratic in both branches. This
Onondaga county case revealed a strik-
ing defect in the law. In order to
make secrecy absolutely sure the law
directs that every ballot in each dis
trict shall be endorsed on the back ex-
actly alike. There must not be the
difference even in point of punctua-
ton. But in OnOndaga county the
county clerk, by accident or otherwise.
mixed the ballots up so that some in
tended for one district were voted in
another. Every one of the ballots
there were about 1900 of them
were thrown out by the canvassers
under the recent decision of the Court
OF Appeals. The Court divided, four
to three, in favor of not counting the
defective ballots. One Democratic
Judge and the two Republican Judges
united in a minority opinion. Judge
Peck ham, in his minority opinion said
that utterly to disfranchise hundreds
OF innocent legal voters, because the
employees or messengers of some pub
lie officer made mistake like the one
IN question, seems to me to work a
burlesque on the ballot act and its con.
structiOn, and tends to bring the law
itself into contempt" This has been
already the effect. Former friends of
the law are turning against it, and old
opponents of it are strengthened in
their opposition. Under this decision
it would be possible, in the approach.
ing presidential election for partisan
county clerks to utterly disfranchise
tens of thousands of voters and defeat
the will of the people. OF
course this defect can be remedied bv
amendment. Ex-Speaker James w.
Hustled, for many years the Republi-
can leader in the State Assembly. and
who himself voted for the law, an
nounces that he is opposed to further
amendments of it, and is in favor of its
repeal. The people will not stand
this Acknowledgement. 1t is repulsive
to them. They would prefer to 90 back
to the old system of voting rather than
have it continue.