The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-01-13

guilty OF legal fraud IN accepting fr1sn
tk@ tn.sges ballet net STAMPED eEd
initiated as required ey i4sTs thai X wss
sHe eaecforts dsgy 90 know that The CT
fsesrs Of eieefioa gave him oniy . legally
prepared ballot. and that he voted any
% ser a. his peril TAe argument amounts
10 rAsS, that IL II the electors 3sfy - see
that the Inspector sz-ss judges DO their
duties. and THIS he negieets AZ tire peril
OF Acknowledgement He would incur
severe penalty 10 attempt 20 vote \
ballot from any other source. YET the
JUICES refuse 10 give him y correct bal
lot and he uaeekiy accepts dlsfsSEchixe-
meat. Ii Is not probable THAI one voter
In Esany hundreds would assume 70 die
tate The duties Of officers specially APP
pointed and Instructed 50 conduct an
election. II Is easr FOR a voter 30 ats-
franchise himself b. wrongful acts vo2-
unfairly committed hEft not 80 easy for
ei@ctton officers 80 work that resLIt upon
him: and where he Is 10 party 20 the
wrong doing OF the officer the law should
ard Will protect him TO the extent OF
fnsiing his vote if it can be done and
cradle fhe vote 10 speak for nim as he
intended.
'.fsesl8es. * the voter has Done 10
wrong In fact or In Law. the constitution,
10 which all statutes are subordinate.
will permit no Shsft or device Of iegtsIa-
tson or aEtson Of election boards 10 trick
hisa out az bis elective rights.
gne Rights af sas~r.
Section ! Article VI OF our state con-
stitution endows all qualified electors
In this state with the right 10 vote at
NIL oil a
be construed TO deprive the e!ector Of
that right except for his own fault. Sec
ton OF the same article requires tire
legislature ID provide for such method
OF voting as VIII secure 10 every eiector
absolute secrecy in preparing ard de-
posting his ballet.
ssrhe voter is not to make this provls-
ion, nor IS he TO lose his vote. BY any
failure OF the legislature OF Law officers
% SO provide. TIE courts should always
be ready 10 extend their aid 70 the dis
covery and punishment of frauds against
the elective franchise. for upon the purity
Of the baiios rests the value OF citizen
ship and the power and stability OF free
government, From saah considerations
! gave the largest latitude OF inquiry
for the detection or fraud as charged. and
even permitted counsel TO go beyond the
specifications IN search OF facts that
weRid warrant any finding Of fraud. but
they disclosed only the conduct before
mentioned. - which the electors were
not IN fact nor by legal infendment rar-
ties. nor fer Whieh should they be de-
privad Of the elective right guaranteed
them by the constitution.
viii therefore dismiss the further
sfsxfg4 sissssa len. 81 ~.
Voters Ignorant al sac Law.
fhe recount, OF votes Ia this contest,
aud others prosecuted concurrently with.
II. disclosed some astonishing markings
OF ballots. Perhaps fully 10 per cent. of
the entire vote WAS challenged during
the recount because OF such markings.
and they were found In suca varieties
that an intelligent classification OF them
proved a difficult task. Ii is very Obvious
from tho recount that the mass of the
voters have not yet inseillgently Informed
themselves how 10 mark the ticket they
wish 20 vote at an election.
The law Is that the voter shall prepare
his ballot BY marking a cross before or
after the name OF the person fer whom he
Intends 10 vote. or. II he desires to vote
for an entire group. that he make cross
as above described against the political
designation of such group. and shall then
be deemed 10 have voted FOR all the per-
sons named In such group whose names
have not been erased'-I. Hill. Sec. SIS.
Judged by the markings. different per-
sons evidently give different meanings 10
the words before or after and against
Ia he asRfs ctr
cross above the party designation, others
immediately below it. while tha larger
number placed Ii Ia the righs or left. The
same peeuliaritiss are also found Ia nyark-
ing votes for individual candidates There
IS a sense In which above or below
would mean before or after when applied
to she mattty found upon the pages Of
manuscripts. End think equally as well
to the fern and size or our modern bal
lot.
The statute provides ANY ballot or
parts Of ballot from which II is inposSi.
BILE 10 determine the electors choice shall
ba VOID. end shall net be counted: pro-
viaed. that when a ballot Is sufficiently
plain 10 gather therefrom "A part OF the
voters Intention. II shah he the duty OF
the Judges Of election to count such part
-. Hill. See SCI
Easis OF the Decision.
Under this section have pursued the
course 81 requiring that the voters iaten-
item shall be Indicated by a cross. and if
the cross was 50 placed as 10 fairly iadi-
cate tse voters iateation / have counted
MS vote as legal Bat Il no cross or at
tempt az one was found. the vote was
rejected 81 With al check marks. verta-
cal, horizontal and diagonal lines aud de-
Sorptiye words. Another class Of marks
embracing a large number ~ Votes Is
grouped under letter c In the tabulats-f
recount. te the counting OF which az legal
respondent strenueGsiv objScss. All but
one q these We're voted Cor the contest
aat. that one fer respondent.
naahie Markings Not Void.
The faat that Mr.. Van De yar.,er's
name was upazG but a siagi. ticket
while that az Mr. Mover was on one ar,
snnre tickets probably gave rise - the
marking under class {. These consist In
placing the oFoas tn such a manner as 20
tsHisostte tsse voters intenttoga - vote Tor
Mr. Meyer wherever hts nasne appeared
on any eg sne several tickets Of the s,n.
eFal bAiloE. TAat this was q psece OF
gsNiaitous foily ana extra labor en- the
voters part cannot be doubted tsy AL
who know t1sgs the voting power ~ tire
esectpr IS Absolutely exhausted BY xhe
East * oele vote. His replica tAon. ,r at
( sentFt az rcplles tsoa. oi Suca vote ccsti
1 d. barn no scaSt auss might subject hin, 10