The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1894-11-13

NAAG@ OG SAS ~ ASSS
the voting booth who may be physically
or Internationally unable to vote, the
said special constable may render him
assistance by reading the names and
offices on the ballot and pointing out
to him the name or names he may wish
to strike out, or otherwise aid him In
preparing his ballot. In a said
elector be blind. said special constable
shall prepare said ballot for said electOr
in accordance with the instructions of
said electOr."
It will be observed that the law
makes a distinction between persons
who are physically and educationally
unable to vote and persons who are
blind. 1t provides that the constable
''shall' prepare the ballot for the latter
and may" prepare it for the former.
1t is said there will be concerted action
to make the special c~onstables under
stand that the law intends to give them
a discretion whether they Will or will
not aid an illiterate voter in preparing
his ballot, whereby the c~onstables may
practically disfranchise sll the illiterate
voters that they are inclined to dis
fir 4ncbise.
On October 18th the Times said:
The Attorney General has given an
opinion, which we publish to day upon
the meaning of the word may" as
used in the Walton law, and he de
Cides in accordance with what the
Times has declared the law to be, that
the special constable has no choice, but
must aid any voter who asks his as
sIstance, whether he be blind, physic
ally unable to vote or i~lliGerate. That
| point may, therefore, be considered as
covered and done for. The special
constable has no discretion 1t is his
absolute duty to give assistance to
every voter who needs aid-tO the Hit
crate voter as well as to the blind or
palsied voter.
But when the Attorney Generals
letter was written his attention had
most probably not been dra Tn TO that
very astonishing distinction which the
Judge of Botetourt county found in the
law, which, he held, forbade the con
stable to do more in the case of an lille
crate voter than to read over to him
his ballot and point out to him the
names that he wishes to strike out.
The distinction does not exist and
is plainly inconsistent with the Ian
guage of the statute Nevertheless,
being made by a court, it will be &C
Cepted as the true construction of the
law by those party authorities and
those special ~cOustables who under
stand that the special constable feature
Of the law was expected when it was
adopted to work III all the Smlthers'
precinct cases that might be needed,
unless this construction Is promptly
rejected. 1t will thus come TO set up
as the rule that the special constable
has h right to refuse to mark ballot
himself, and is required TO do no more
than tell an ignorant voter what names
to scratch out If this is accepted as
the rule many special cOnsUables will
befUund who will direct illiCerate voters
to erase names that they wish to vote
for, or see them do so without correct
ing the error, though they would not
actually erase them themselves If the
voter could require them TO make the
erasure.
when the law says that the special
constable is to render assistance" to
the illlterate voter by reading the
names and offices on the ballot, and
pointing out TO him the name or Damna
ne may wish to strike out, or OTHER
WISE AID HIM IN PREPARING HIS
BALLOT" it commands HIM, by the
use Of those words, ''other wise aid
him" to erase names if the voter re
quires him TO make the erasure. and
we have not the slightest doubt that
the Attorney General would SO hold ii
his opinion were asked. We hope the
Acknowledgements may see his way to
passing upon this point promptly, as it
may cut a great and bad figure unless
it is decisively treated at once"
Ga the 23rd of October the Times ad- !
mits that it has failed to get an honest
election in the following editorial:
1--WE frankly admit that we believe
we are beaten, and in what contest. |
prdy2 In a contest for honest and fair
elections. Ii we should tell this TO a |
stranger we expect be would say that |
the contest itself was stranger than he. |
But there is that contest nevertheless. /
and the Times is on the eide of perfect |
Iy fair elections. The Times believes, |
though, it is knocked out" that
cheating, and cheating of the petty |
larceny order, is to be the rule in the
coming election. 1t is impossible to
account otherwise for the ~pertenacity
with which it is insisted that Judge
Simmons construction of the Walton
Law Is the construction which the cleo
ton officers must accept Of course,
an honest constable is Indifferent as to
whether he is to tell an ignorant voter
what name to strike from his ballot or
whether he strikes the name out him.
self. In either case he will act honestly
and see that the ballot responds to the
voters wishes. 1t is only a dishonest
constable who cares a rap which he is
TO do. If he is simply to tell the voter
which n to strike out, he will tell
him the wrong one. If he is actually