St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-10-16
AN APPEAL.
Continued From First Page.

WIGht Tie Splrll OIL the law. VI JnlS KIM
issthe ballot determined on by the sec
rotary of state. 1t cOncealS from the
understanding Of the average man the
existence of nine Democratic presi-
Dental electors. 1t tells him that there
are only five. 1t will send him from
the polls with his intended action
only half performed. and defeat the
expression of his choice, which he in
tended to make. The most superficial
survey of its form and character will
establish the justice OF this contention.
Unless the law in express terms directs
that the secretary of state shall follow
the arrangement he has decided to, he
is already in error in so doing.
Electors Nust BE Grouped.
zSecond-But the law not only con-
tainS no such directions, but, on the
contrary, in so many words preScribeS
different course. Section "a of the
statute, which we have already given,
provides that the names OF 1.-The preSi-
Dental electors of each political party
shall be grouped together OH the ballots.
There are nine Democratic presidential
electors, and if the statute means what
it says they should ali appear consecu-
lively, quite without regard to the fact
that some of them also may appear
somewhere else on the same bal
lot. 1t is true that section
81, also quoted above. provides
that 1.-The name of any person nomi-
mated by more than one certificate shall
be placed only once on the ballot" But
it is a faulty Interpretation which takes
this as applying to the presidential
electors. 1t has no such application,
because it is directly i'll conflict with the
provisions of section "a, anu it is ia
milar principle of statute construction
that law shall be so construed as to
give effect to the whole if this is reason
ably possible. If it is true that the
names of presidential electors nomi-
mated by more than one party cannot
be duplicated Oh the ballot, it would
follow that had the Democracy Endorsed
five of the Prohibition electors as we'll
as four of the Peoples party's, there
would have been no Democratic group
81 no more applies to presiden-
tial electors than does the pro-
vision of section Al directing that the
order of candidates arrangement on the
ballot shall be determined by lot. The
law intended that by the exercise of the
slightest degree of thought the voter
should be able to cast his ballot for the
presidential candidate whom lie favored.
The device of all electoral college puts
one barrier in his way. The grouping
OF electors and the writing after them
of the names of the presidential candi-
dates whom they represent were de-
signed to minimise as far as might be
the confusion this barrier occasions.
The help which the legislature thus eX-
tended Is not only wise, but it is imper.
alive, and under it the name of every
presidential electOr should be repeated
on the ballot as many times as there are
parties who have hOnOred him with a
nomination.
1t is to be noticed that the Democ-
racy did not i'll its formal demand Oh
the secretary of state go as far as this.
Z It'Would have been content with much
less. But since even the little it did ask
waSdenied it, ii has now brought the
whole subject before the courts for ad-
judication. In so doing. it seems to us
to be performing an important patriotic
duty as well as seeking the enforcement
of the law. The free exercise of the
right uf suffrage is the basis of our
political institutions. and if the secre-
tarv of state can throw difficulties in its
way today for the profit of the Repub-
lican party, some other secretary of
state may follow his example i'll the
future for his own. personal profit or
the profit Of some other faction. The
OuIy pdtl VI odiCty 10 tilC pam VI IuotiCCs
and the Democracy, in the course it has
undertaken to follow, has this truth in
mind.
When the subject comes up for argu-
ment Monday, in accordance with Judge
BrilFs order, we may fail of securing
the relief sought for, but 1t will not be
because it should not rightly be granted
under fair Interpretation of the law.
Its meaning is clear, and the secretary
of states violation of it beyond doubt.
But there is a constitutional difficulty
in the way which may prove insur-
mountable. The precedents in this
state are very strong against any inter-
ference OH the part of the Judiciary
with an executive officers performance
of his official duty. We think that we
are prepared to show that section 43 of
the election law is not unconstitutional
on this score. But should it prove 9TH
erwise, we do not shrink from defeat
coming from this quarter. Such de-
feat would be victory, for it would
mean that, while we have the right on
our side, the law provides us no rem
edy. From decision on such grounds
we should have no appea! except to the
tribunal of the people. No one who be-
lieves in government by the people can
doubt what their verdict would be in
cause where might OH the one hand bat
tied against truth and justice on the
other. CHARLES E. FLANDRAU,
G. u. O'BRIEN,
AMBROSE TIGHE,
Counsel for the Democratic State Cen
trail Committee.
ST Panl Mimi Oct X 1900