Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-04-12

1FD1tn MIN, anu WIN 'tts
he prepares his ballot. folds. and delivers
It TO the Judge. who. I'm his presence
places IL in the ballot-box. ,,a
With the ignorant voter. howeHer; enc
case is different. II IL obvious that on,
who. either from physical or intelinnc'ui ia,
blindness, is unable to read. is wholly III
capable OF voting by ballot without
slstancc from some quarter ~, ' @n.
recognizes this and seeks to proVlde 10,
II. The Electoral Board OF the coun!
is. by the 18th section. required TO apl,oin'
a special constable. who shall be an non
est and discreet person OF saiu ~,
cnct. and be able to read anu ne
and who shall be a conservator OF .nf
peace, and shall be especially tha' o,
with enforcing the provisions OF ms az :;
having all the powers or coI con- fai,h-
He Is required to take an 9atn ,a -
fully TO perform his duties, ana LOT a 81
rupt violation thereof is punisnauie W
a fine OF not less than 500. ana 70 I'M.
prisonment for not less than one nor NUN
than twelve months in jail. ,,.,.,re.
NOT ALL ARTFUL EXPEDlhN -
The act provides in the l5th sectlon
that, AT the request OF any eiecI ,,l,,i IL,
the voting booth who may be pnysiVa',,1,
or educationally unable to vote. the "a i'
special constable may render nun d, TO-.
auce by reading the names ana Ones
on the ballot and pointing ont to nm ~
name or names he may WISH 10 ~ In IN,
out. or otherwise aid him IN lfepd,n,.r,S
his ballot In case said elccior Df pi NJ
said Srpc!1l COnSidDle Suisi ~ ~
ballot for said elector In accordaahoe "''''
the instructions Of said elector. o.,
There Is much in the peutoh Ior az,
appeal and in the argument pFessn ., w.
with H. in which we cannot concur /,
while there IS much We heartily approve
II cannot be denied that very great
mower is placed In the hands OF th's spe-
cial constable, that a great trusI =, Conn
dence is given IT is liable to he apus ~
We do not think however. that al" 'ne
elaborate provisions OF the ac' Va ,ut,,ca
ton are but artfu expedients, coiie,i
for the purpose Of deluding. entfapliHS.
and dofrauding the ignorant voters OF
this Commonwealth. ,. o,
The electoral boards OF the county az
chosen by the direct vote OF the Le S,ha
iatnre uuon Joint ballot just as are me
iudces and many other important oii!N.t ,
of The State. They in turn stleCt 'hc
officers charged with the rcsislra loiI Vi
vo:ers and the conduct OF elcc''oa ~,
Among the latter. as we have seen aII
tho special constablcS. They are Donnu
nv their oaths Of office to select none Dut
good and discreet men. ana 'h9st mn
are in turn sworn falthluiiy 10 US ' ri. -
the delicate and responsible duties COM
mjtted 10 them. Not only do taey come
under the sanction Of an oath bat Sc
we're penalties are denounced asallsV
them for a violation OF their du,irs; anu ~,
the express terps of the act. they wouid
doubtIdss be responsible in damages TO
any eiectOr with respect to whom they
had failed in the performance Vi '"e"
duty
THE MAY" Is MANDATORY.
Let US examine somewhat more In de-
tail the duties Of q constable. lie is an
officer charged with a duty 10 tne pubic
of the gravcst and most delicate ma
ture. q duty in the performance OF whlcn
the whole Commonwealth ana no, alohc
~
sistance in the PREPARATION of MS ballot,
IS vitality interested. for nothing more
nearly concerns the Commonwealth IMAM
that each Of her citizens snail cast an
Intelligent ballot which. Mhen cast
shall be honestly counted; Under such
circumstances We may declare win CON
fdence that the word may, as USED IN
the 18th section of this statute, Is AWAY $
construed as mandatory, and not as
merely permissive or directory. without
doubt the primary meaning OF may IS
permissve or directory, WhiIe thT PIT
mary meaning Of "ShalT IS mdhda'oIS
or imperative, yet courts, In order 10 ac'
c0mplish what to them appears to he
the leading purpose Of the Legislature,
have never hesitated in a proper case
10 hold may" to be mandatory ana
shall" 10 BE- merely directory. These
rules Of construction are too elementary
and well established to need any cita-
ton in support of them. Nothing is bet
ter established than that where power
or duty is conferred upon an Official by
the use Of the word may and the
public are concern,i in the due per.
i0rmance Of that duty, the word may
will be deemed TO be mandatory, and the
officer can be compelled 10 perform II.
such being the case II Is the duty OF
the special constable to render 10 him
who is blind, or unable by detective edu,,
cation to read, every assistance asked
for and required b. the elector TO aid
him in preparing his ballot.
The vote by ballot ex Vi termini implies
a secret ballot. The secrecy OF The pal
lot is a right which inheres in the voter.
and of which he cannot against his Will
be lawfully deprived. 1t must be. how
ever In some degree subordinate TO the
right 10 vote by ballot. Of which IL Is bu;
a part. and the main object. Wn!cn is
the right TO vote, must not be defeated
by too rigid Observance of the incl
dental right. which IS that OF secrecy.
\ blind man, or a man unable 10 read,
must, in the nature of things. so lar
compromise the secrecy of his ballot as
10 invoke and obtain the aid OF Others
in the preparation Of his ballot; but, a.
it would be a violation OF conhGenc,
were he 10 seek Of a friend assistance
on such an occasion for that friend 10
| betray the secret and disclose the vote,
| so ii Is violation not only OF conf
| dence. but of official duty. for the con-
| stable TO lit the veil Of the secrecy
| which should be impenetrable and violate
| the confidence which the law requires
| the voter to repose in him. The oath 81
ONCE OF the CDllSldblt blllIS MIN " tllt
| performance OF the duties imposed upon
| him not only by statute but by the Con
| sttution. lie must observe and respect
! all The rights of the voter, and among
| to have the secrecy of his ballot kept
| inViOlate. ana for a breach of this duty
| upon the part Of the constable he vii
| become amenable to all the pains and
| penalties provided by law.
GROUNDLESS OBJECTIONS.
There are objections taken which seen
! 10 have nothing 10 rest upon; as, fOi
| instance. that which refers TO the limi
| tation upon the eligibility to office. and
| that which charges an INVASION OF th'
| freedom OF the press and OF the freedom
| Of speech. These objections, and other:
Of a like nature. seem to US to be wholly
| fanciful, or. if in any respect such pro
| visions Of the act trench upon ana di
| minish the constitutional rights or N
citizen. they are unnecessary to th'
main purpose of the act, and are sepa
| rablc from II. They could he suppressed
| and yet leave the law in full force ant
yigor. To the latter class OF objection.
| belong the ninth assignment, Of erroI
| directed to that feature of the law whicl
| authorizes the judges of election TO ar
rest and imprison upon verbal warrants
| and as TO the constitutionality OF which
| we express no opinion. Ii might have
| been omitted from the law without "a
| all impairing its efficiency The offence
| for which the judges Of elections ar
| duiuOilLtl Dy the CliuSt III pucStibu u
| arrest by verbal warrant are the. taking
| Of an official ballot beyond the votin.
| booth. or away from said booth. eXcop
| - the judges of elections or TO vot
| any ballot except such as shall b.
| secured by the elector from the judge
| of election" These are made misde
| meanors punishable by a fine OF 500. and
| of course. render the person guilty there
| OF liable TO arrest upon proper warrant
| which would be equally as eihcacious a
| the more summary remedy given by IN
| statute. should that mode be held void o
| account OF repugnancy to the Constitution
| Since the original petition was file
| counsel for petitioners have, In what ma
| be termed a supplemental brief. suggeste
| that the law is further obnoxious TO IN
| objection. that ii affords facilities 10
| the absolute destruction OF popular cleo
| lions" because IL allows but two minute
| and half in the booth to each votel
when. by reason of the great, numbe
Of names which may be printed upon
ballot, especially in local elections,
would be impossible for the voter
prepare the ballot within the limit ore
scribed In the same note II Is pointe
| out that the number OF candidates Nigh
be intentionally multiplied with a vie'
10 embarrassing and hindering. the, pol
| ing of the vote by Swelling the list c
the names OF candidates to such propol
tons as TO make the law disiranchis
| the people"
PERIL is NOT IMMINENT.
II we were permitted TO indulge in cor
| lecture, IL would be easy 10 conJure u
I n hypothetical state of facts which Woui