The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-08-20
OHIO STEEL RANGES
PERFECT BAKERS.
MILES co. Ye'ler Ave- bet. Frsat and Railroad Ave.
PERFECT BAKERS.

Wyoming. under statutory provisions sub
stantialiy. II not precisely. similar 70 our
own, in a like case in three precincts 10
tAat involved in Franklin precinct, the
want OF initials or signature OF the cleo
ton judges. has handed down an opin-
ion. the chief justice OF that court dis
senting. in the case Of Slaymaker vs..
Phillips. which Is reported in the sofh Pa
clHe. s7i, in which the opinion OF that
court is IN direct conflict with the posi-
ton taken by this court under constitu-
tional provisions like those OF this state.
The conclusion of the Wyoming court
being so directly In conflict with the po-
sition taken by this court in this case.
and that court having fully discussed in
the opinion the duties and the obliga-
tons OF the voter 10 examine his ballot
and properly fold IL and present ii. which
We urged upon the argument OF this case.
we now urge upon this court a careful
consideration Of the reasoning OF the SUI
prenne court of Wyoming, the substance
OF which Is as follows:
But the voter has duties TO perform
supplementary 10 that Of the officers, and
the performance OF these duties By the
voter constitutes an important part Of the
scheme of the constitution and the stat
ute 70 secure the purity of elections. 10
guard against abuses OF the elective
franchise ard TO secure the secrecy OF the
ballot.
We cannot regard the elector who neg
lects to comply with any OF these posi-
tive provisions OF the statute as blame
less, and We think he has no cause OF
complaint II, in consequence Of such neg
lect, he loses his vote. The positive COM
mand of the statute that the elector shah
fold his ballot so that the Endorsement
may be seen implies that he shall look
for such Endorsement 1t cannot be said
that il is impossible for him TO comply
with this requirement when the ballot
furnished bears no Endorsement. The
Judges are there with the official stamp.
II is little trouble TO ask them 10 indorse
the ballot properly. We have no patience
to consider the idea, that the voters gen.
orally have not the intelligence 10 do
this We Will not speculate as to what
presumptions may arise from this neglect
of duty by the officers of the three pre-
eincts named with the acquiescence of
all the voters. But We must say that the
effect OF such proceeding is TO open the
door 10 fraud and the abuses of the cleo
tive franchise which the legislature has
properly sought to close. and TO put IL
in the power of INSCRIPTIONS election of
ficers and their confederates to perpe-
trate the very frauds and abuses which
il is the object OF the constitution and
the statute to suppress.
In conclusion, the court held: But
We are or the oplIlOIi tldb the OtilGAdA
stamp and the name or initials of Judge
of the election must appear upon the ex-
terror of the ballot, when IL is so folded
as TO conceal the tickets which 1t bears
upon It's face, and If this is not the case,
the law must be enforced which prohibits
the counting of such ballot. And that
all OF the ballots cast at the three pre-
cincts named should be rejected"
The remainder Of the argument is di-
rected to the sufficiency of the form in
which exceptions TO findings of fact were
made, and, after presenting authorities,
continues:
1T is respectfully submitted that the
court overlooked the fact that in the case
at bar the exception was not to all of the
findings OF fact, some of which might
have been correct. but was to each find
ing OF fact. and that each finding of fact
was duly numbered. An exception to all
the findings of fact would be bad II any
one of the findings was good. but an ex-
ception to each finding would be good as
to any finding that was bad, Just as
though the particular bad finding was
singled out and specifically designated by
its number. We submit that the excep-
ton to the findings was good and the Pc
tition OF appellant should be granted"
After careful consideration of all the
cases." ii continues, eve can find con-
STRUNG the Australian ballot laws in the
QiIefeNE OF THIS tliOn wen dS
in England, we can find no case which
holds that voter is entitled to have his
vote counted when the mandatory pro-
visions of the law declare that IL shall
not be counted, or that holds that such
mandatory provisions are unconstitu-
tioBal."
The decision of this court in this case
is so manifestly in conflict with the de-
cislnn OF the co1rts of last resort
throughout this nation in states in which
the Australian ballot system is being
nodded and formed and with the deci
sions now being handed down by the
courts OF last resort, that we feel war
ranted in asking this court TO grant us
a rehearing upon this constitutional ques-
ton. The public interest therein being
OF paramount Importance to any possible
rights of the parties to this proceeding.
At Worlds and Midwinter fairs, DR..
Prices Baking Powder received highest
i - Ill