Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1894-12-29


this State has decided in numerous cases
that when 9 statute is clear, plain and
unsmbiguous, the Legislature must be
understood to mean jus. what it has ex-
pressed. In such 9 case there is no room
for construction" This provision is man
datory, and it's strict construction is nee.
essary to prevent intimidation and pre-
serve the purity Of the ballot. 1t de.
prives the bulldozer and the vote buyer
Of every possible means of ascertaining
how an elector has voted, and reduces to
a minimum the possibility Of successful
intimidation or vote buying.
The objection may be made that by the
strict enforcement Of this provision, the
votes OF honest voters who may have ig-
norantly or carelessIy written words upon
| their bollots or marked them in violation
of law, may be rejected. The law is so
plain and so simple that no reasonable
excuse can be offered for making q mis-
take. The voter is furnished at the poll.
ing place with a clean ticket, at public
expense, with the name Of every candi-
date for office to be voted for printed or
written upon it; be ~retires to a booth
where be is secured from observation,
md is only required to make a cross or
letter X with a black lead pencil. fur
nished him for that purpose. after the
uame Of each candidate he wishes to vote
stand, that he must write no word and
make no other marx upon bis ballot; II
by accident he spoils his ballot, upon ap
plication be is furnished by the election
officers with another. Surely these re-
quirements are simple enough. No man
who is not grossly ignorant. culpabIy
negligent or drunk, can fail, unintention-
ally. to comply with them; and 9 law
made to secure the independence Of the
voter and the purity Of elections is not to
be nulliied or relaxed by construction or
otherwise for the benefit Of the grossly
ignorant. the culpably negligent or the
drunken voter. The provision is clear.
plain, u~nambiguous and beni6cent, and
nusty presidents based upon radically
different statutes should not be permitted
to sta nd in the way Of its strict enforce
meut.
Mr.. Wren further contended that In
requiring voters TO indicate their choice
Of candidates by making q cross or letter
x after their name, intended that the
cross should be in drawing two lines
crossing each other at any angle m
thing like the letter X, or the mark or
cross made by parties who cannot write
when required to sign their names; that,
technically speaking. there are twelve or
more different kinds Of crosses, differing
greatly in form. There is the Latin cross,
the double cross, the triple cross. the
maltese cross and Q number Of others,
and the corruptionist, by selecting one of
these as the one to be used by the voter
be desires to intimidate or purchase to
indicate his choice OF candidates, instead
Of the simple form Of the cross above in.
dictated, could ss effeotually carry on the
intimidation and purchase Of voters as
he could il the voter was permitted to
place any other mark upon his ballot.
The Supreme Court Of our State has de-
cided that generally words used by the
Legislature are to be interpreted accord
ing to their popular meaning instead Of
their technical meaning. Considering the
scope and intention Of the law, it would
be absurd to hold that the Legislature
in using the term cross or letter X by
the voter in indicating his choice OF can.
didates nigh. use any of these technical
forms Of crosses instead OF the simple
form indicated by the letter X. The
voters at wv general elections held since
the passage Of the law have shown be-
yond all kind Of question what they re-
garded as the intention of the Legisla-
ture and the popular meaning Of the
phrase used. We venture the assertion
tuat tbcic ucfcf uao DCcu iouhu Ou tuo
twenty thousand ballots cast in this
State since the law has been passed any
other cross than the simple form indi-
Gated by the phrase used. To better Sc
cure the object for which the law was
manifestly passed, the Court should con-
strue il as the people have universally
construed it, and require voters to indi-
cate their choice Of candidates by mark
ing after their names 3 plain. easily-dis.
tinguished cross. by drawing two lines
across each other after the names Of the
candidates they wish to vote for.
The Legislature has performed it's duty
towards staying the tide Of corruption
that has turned our Government into .
Government of plutocracy-instead Of .