The times. [volume] (Richmond, Va.) 1890-1903, 1895-04-12

"A
'e''e .,.,..a s,,, IA. Witnesses. al OF whom
rev eleoear before the Judges, Wheh the
challeufe shall nave been decided oniy
tne clector Is permitted TO remain
,i'ne obfect IS 70 relieve the voter from
every tnnnence inimicai 10 a free and de-
iberste exercise Of the rlRht OF suffrage,
"a tree him from all SOLICITATION and an
n,vancc and TO leave him perfectly
srec agent 10 vote as TO him seems best.
4 n4se provisions seem 10 be not only
reasonable, but well adapted 20 secure the
end In view, so far as the voter Is con-
cprnca VINO Is able 10 prepare his own
ballot lie goes 10 the judges. he re-
ccives an ofiic!al ballot printed by au-
thor1fy OF the state. upon which Is 10 be
found every Office to by filled,. and every
candidate for that oi.ce, whose name
has been fled I'm accordance with the re-
uusrement OF the law. lie retires TO
booth, where he Is curtained on ana
secluded from all the world. No eye can
see him and no ear can hear him; no
evil agency can approach him, and with
this environment ne prepares his ballot
folds and delivers # TO the Judge. VINO,
IN his presence, places 10 IN the ballot-box.
With the ignorant voter, however, the
case Is different II Is obvious That one
who, either from physical or inteliectual
blindness, Is unable TO read, IS wholly
incapable OF voting by ballot without as
sistance from some quarter. Tine law
recognizes this. and seeks TO proVide LOT
Il. The electoral board Of the county 49,
by the fifteenth section, required 10 ap.
an honest and discreet person OF salG
precinct, and be able TO read and write,
and who shall be a conservator OF the
peace, and shall be especially charged
with enforcing the provisions of this act,
hav.;.g all the powers of constADie'
TO TAKE AN OATH.
He is required TO take an oath 1aith-
fully TO perform his duties, and FOR cor
rupt violation thereof Is DunisnaDle py
fine of not less than 500. and 10 impflson-
ment for not less than nor more man
twelve months in jail. Tie act PROVIDES
In the fifteenth section, that az the re-
quest of any elector in the voting DOOM
who may be physically or educaronaliy
unable 10 vote. the said special constable
may render him assistance by readlhs lhe
names and Offices on the Dailot. anu
pointing out to him the name or names
he NAV wish to strike out or otnerW'se
aid him in preparing his ballot. IN case
said eiector be BIND said sPecial 81 die
BILE shall prepare said ballot for SAID eiec-
tor in accordance with the instructions OF
! SAID electOr."
There is much In the petition for an
apJeal and ia the argument presented
with IL. I'm which we cannot concur while
there IS much We heartily approve ana
commend.
Ii cannot be denied that very great
| mower is placed I'm the hands OF THIS
special constable; that great trust is
reposed i'm him. and that wherever CONN.,
| dence IS given il Is liable 10 be aDuStu'
| We do think. however. that all the elabo-
rate provisions of the act In question
are but artful eXpedients contrived for
| the purpose of deuding, entrapping and
| defrauding the ignorant voters or TINS
| Commonwealth.
The electoral boards of the county are
| chosen by the direc, vote Of the Legisla-
| ture upon joint ballot, Just as are ,Je
| Judges and many other important officers
! OF the State They in turn select the
officers charged with the registrG.lCn Of
| Among the latter, as we have seen, are
| the special constables They are bound
! by their oaths of office TO select none
| but good and discreet men, ana nose
| men are in turn sworn faithfully 10 dis
| charge the delicate and responsible duties
| committed TO them. Not only do they
| come under the sanction OF an oath;
| but severe penalties are denounced
| against them for violation OF their
| duties; and i'm addition to the liability
| incurred by the express terms of the
| in damages to any elector with respect
10 whom they had failed in the per-
| Torrance Of their duty.
Let us examine somewhat more IN L.
| tail the duties or constable. lie is On
| officer charged with a DUTY TO the pub
| lie of the gravest and most delicate ma
| ture, duty I'm The performance Of which
| the whole Commonwealth, and not alone
| the individual voter who seeks his as
sistance in the preparation of his ballot.
| is vitality interested, for nothing more
nearly concerns the Commonwealth than
| that each OF her citizens shall cast an
intelligent ballot, which, when cast, shall
he honestly counted. Under su n circum-
stances we may declare with conn ience
| that the wore may as used I'm the
fifteenth section of this statute, IS al
ways construed as mandatory, and not
as merely permissiyc or directory.
MAY Or SHALL.
Without doubt the primary meaning Of
| may" is permissiVe or directory, while
| the primary meaning Of shall is man
| datOry or imperative yet courts. in order
| TO accomplish what to them appears to be
| the leading purpose of the Legislature
! have never hesitated in proper case 10
! hold may" TO be mandatory and "shall'to
| be merely directory. These rules Of con-
struction are too elementary and well
| established to need any citation IN sup
| port of them. Nothing is better estaD-
| lished than that where a power or duty
is conferred upon an official by the use
| of the word may" and the public are
| concerned in the due performance OF that
| duty, the word may" will be deemed
| 10 De mandatory and the oiilcer can be
| compelled TO perform H. Such being the
| case, il is the duty of the special con-
stable to render to him who Is blind, or
| unable by detective education 10 read,
| every assistance asked for and required
| by the elector TO aid him In preparing his
| ballot
The vote by ballot ex vi termini implies
a secret ballot. The secrecy of the ballot
/ is a right which inheres in the voter, and
] of which he cannot, against his viii, be
! lawfully deprived. 1t must be, however,
| I'm some degree subordinate 10 the right
| 20 vote by ballot, of which IL is bur
| part, ana the main object which is the
| right to vote must not be defeated by a
| too rigid observance OF the incidental
| right, which is that of secrecy.
| a blind man, or man unable &c rea0i
! must, In the nature or thlngs, 80 lac
J compromise the secrecy Of his ballot as
/ TO invoke and obtain the aid OF others i'm
| the preparation of his ballot; but, rs IT
| would be a violation OF confidence we.
| he TO seek Of a friend assistance on such
| an occasion for that friend TO tetray the
secret and disclose the vote. 80 II is a
| violation, not only Of confidence, but IF
| official duty for the constable 10 lift the
| veil OF the secrecy, which should be inn
| penetrable. and violate the confidence
| which the law requires the voter 10 re-
| pose in him. The oath of Office OF the
| constable binds him 10 the performance
| OF the duties imposed upon him. not only
| by statute, but by the Constitution. lie
| must observe and respect all the rSAts
| Of the voter. and among those rights
| not the least important rs TO nave the
secrecy of his ballot kept inviolate ana
| for a breach of this duty upon the part or
| the constable he will become amenahle
| TO al the pains and penalties provided
| by law.
There are objections taken which seem
| 10 have nothing to rest upon, as, Tor
| instance. that which refers TO the limiia-
| ton upon the eligibility OF cftice and that
| which charges an invasion of the freedom
| OF the press and of the freedom OF speech
| Thee objections, and others or Ike
nature, seem to us to be wholly fanciful
| or. II In any respect. such provisions OF
| the act trench upon and diminish the
| constitutional rights of the citizen, they