The morning call., 1892-11-24
STOP THE COUNT.
Election Commissioners
Are Enjoined.
ATTACKING ELECTION LAW
James WEIGH Says 1t Is Unconstitu-
tional Because 1t Deprived Him
of a Secret Ballot.

An injunction was served upon the Board
Of Election Commissioners shortly after Q
o'clock last evening restraining il from fur
Their proc eedinE with the canvass of returns
and from estimating the vote for each or
any of the persons or propositions voted for
at the last general election or declaring the
results.
The writ was Issued by Judge Lawlor OF
the Superior Court and was served upon
Mayor Sanderson and the other Commits
sioners in the course of the evening. The
applicant is James Welch. His complaint
AYERS that the Australian ballot law is un.
constitutional in that it denied him his con-
stitutiOna right 10 q secret ballot
Mr. Welch in his complaint says that he
is suffering from the loss of one eve and
with almost total blindness in the other. and
that his physical disability was such that
he could not prepare his ballot as provided
by the code.
have ticket printed for his own special
use, and On October 20 he applied TO the
Secretary OF State for paper for that Dur
pose. but the application was denied.
On October - he pettiOned the Supreme
Court for a writ of mandate commanding
the Secretary OF State TO issue him the
necessary paper with which 10 prepare mis-
ballot for the reason that the provisions of
the code were in violation of the State con-
sttuiioa and the constitution OF the United
States.
For lack Of time 10 consider the minis
thus raised by him before the election the
Supreme Court dismissed MS petition with
out prejudice.
The complaint further states that on the
Sh of November the plaintiff appeared at
his pollng-place. the Tenth Precinct of the
Twenty Assembly District. and de-
manded his right to vote secretly by ballot.
This was refused him because of his physi-
cal sfilictiou. and he was Informed that an
election officer would prepare his ballots
for him. Plaintiff could not comply with
this requirement without disclosing to
such election officer the names Of the
persons for whom lie desired to
vote. He thereupOn demanded that
he BE- allowed person of his own choosing
to assist MIN, or to be allowed TO take his
ballot outside and prepare the same in the
privacy or his own home. This, too, was
peremptOrily refused.
Plaintiff contends that he was thus pre-
Guided from enloying his constitutional
right 10 a secret ballot. and to exercise such
right he would have been compelled 10 vote
viva vOce.
lie claims further that all citizens af-
fiicted in a similar manner were disfran-
chised, and that the election was, therefore,
not full and free expression Of the will of
the voters.
Upon this showing Judge Lawlor issued
the injunction prayed for, which will hold
good until the issues raised are passed upon
by the court.
As the count thus interrupted by legal
process out Of the State courts also affect,
the election of Presidential electors and
congressman. the chances are that tie Fed
eral courts will also take hand in the con-
troversy. with the Tossible contingency Of a
conflict between the State and Federal
courts The complaint lIkewi raises ques.
lions involving the construction of the
United States constitution. and this fact
also brings the subject matter within the
Jurisdiction of the Federal courts.
The complaint also states that the pro-
visions OF the code tn regard 10 elections do
not operate uniformly upon all voters.
Carroll Cook and }. Z. Fouds appear on
the records as attorneys for Welch.