Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-10-03
1t Will Be the Most Important
Factor in Virginia.
OPPORTUNITIES FOR UNFAIR WORK
The First Operation of the New
System.
SOME DISHONEST PRACTICES
Special Correspondence Of The Evening Star.


the pending congressional contest in this
state is the new Australian ballot law.
1t is a very difficult problem in the opin-
ion OF some of the party leaders as to
which one Of the parties II will benefit at
the polls. The law was passed as the re-
suit of a general demand. led on by the
Richmond Times. FOR q free ballet and a
fair count. 1t will be remembered that the
legislature Of year ago enacted this law
after a great deal Of hesitation, and the
party leaders at the time admitted IL was
not perfect. The effect Of the application
Of this law is awaited with a great deal OF
expectancy.
The astute democratic leaders agreed to
the passage Of the law as a sort Of panacea
for the alleged ills Of those who were clam
oring for ballot reform. At the same time
they laughed in their sleeves and said that
the only difference between the new law
and the old Anderson law was
that cheating in elections was done Illegally
under the old law. while under the new
one II was legalized.
Strange to saw. the porulist leaders. who
seemed at the time to hail with delight the
they claimed was the only fair and honest
means Of voting in election, are now dis
satisfied with IL and claim that IL is. IL
possible. worse than the old one. 1t is
Gratis will be benefited by the operation
of the new law. AS 1t is probably known.
the whole matter rests with the special
constables, who arc delegated with the
power of assisting those electors, who
swear that they are disqualified. educa-
tionally or physically.
Chance for Determination.
The law says II a voter is physically dis
qualified. meaning blind or manned, that
the special constable shall prepare his bal
lot for him, and that IL the voter be edu-
cationally disqualified, meaning the ig
norant negroes, that the constable may as
sist him. A great many posted politicians
seem to think that this is the great Ques-
ton at issue.
Some of the republicans say that the
constables, who will be democrats, of
course, will assist the democrats in pre-
pairing their ballots and will refuse to rem
der such assistance to republicans. The
democrats claim that no such power rests
with the special constable. They say IL
would be impossible for him, in the face
of a representative of the opposition party
In the booth and In the fear of the punish
ment which the law inflicts, to deliberately
refuse to make the ticket according to the
desire Of the voter. Other republicans
seem to think tina; the trouble win he the
old one-that of counting the ballots. They
say that IL Is impossible as long as the
electoral boards Of the county are demo-
cratic to secure party representation at
lneN say tne Judges
nearly always consist OF two democrats
ami 4 venal republican, who can be bought
AMI sold without trouble
A prominent democratic leader q few
days ago in speaking OF the outlook in the
second district, said that the democrats had
a better show of winning this time than
they mad Two years ago. because they now
had the advantage Of the Australian ballot
law. The Significance Of this remark is
obvious. The democratic leaders undoubt-
edly think that with the new law the will
of the negro voters can be easily thwarted.
They claim, also, that the negroes, or many
of them, will refuse to vote at all rather
than be subjected to the indgnity OF ex-
posing their ignorance in not being able
to read the ballot. Unquestionably the
fate of many of the candidates in the
this law.
Judge simmons Decision.
The result of the decision of Judge Sim
mons of the county court at Botetourt last
week. in which he set asile a municipal
election held under the new law in the
town of Buchanan as a result Of the man.
ner in which this election was conducted.
is interesting in this connection. 1t seems
in the first place that the special consta-
bles were appointed irregul3rly-instead Of
being selected by the electoral board of the
county the commissioners of the town first
appointed them.
Before the election had progressed very
the city charter gave him the right to ap-
point them, and he at once removed the
constabes already appointed and selected
new ones. The evidence shows that these
constables not only assisted the electors
Unfortunately in preparing their ballots.
but allowed outsiders to come in with pre-
pared slips showing them how to prepare
ballots. The result was that the republi-
cans reelected their candidates including
the mayor. The democrats moved the
county court tn set the election aside,
which, after a weeks al gument, was done.
In his opinion Judge Simmons said:
''rhe testimony in this cause is clear
that the constables did prepare the ballots
Of a large number Of voters who were
physically allie to prepare their ballots
themselves. and he did this regardless as
to whether said voters were educa tionally
able to prepare their own ballots. That he
not oily did this, hut he prepared these
ballots in accordance with the ;nstruc-
tions received by HIM from these slips Of
paper. or ballots, many Of which, accord
ing to his own testimony, he received from
said voters outside of the booths, and be-
fore the said voters had received the official
ballot from the judges OF election. All Of
which, in my opinion, was in utter disre-
gard of law, which. coupled with the irregu-
larities first mentioned, and the fact that
the commissioners appointed by the mayor,
as the testimony in my opinion shows,
were appointed after II was known and
understood that they would refuse to allow
the constable appointed by the electoral
whole election is undue and illegal, and
should be set aside"
This decision, however, did not affect the
legality or constitutionality of the new law,
but serves to nip in the bud the first at
tempt to cheat under its operation. Ii is
not at all pleasant to the republicans, how
ever, to learn that the first attempt at
fraud under the new law was enacted by
members of their party.
This decision served at least to reopen the
discussion as to the effect and worth OF the
Australian ballot law here.
The Law Denounced.
The Times again comes to the front and
openly denounces it. This paper had said
however, when the law was enacted, that
1t would wait and see il given a fair trial
before it criticised it. The Times in its
editorial says:
The law is a cumbrous, complex involved
piece Of machinery that is going to cause
no end of trouble in our elections IL We are
able to get on with 1t at all. 1t is a cur
tous commentary upon ii that, designed. as
1t was. to cheat the republicans, In the
second election held under IL the republic
cans made II a means for cheating the
democrats. Before our election laws were
meddled with, We had a perfectly simple
plain system, founded on justice and an
intention to secure a perfectly honest vote
and count. We had three Judges of election