The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-08-21
SEATTLE. WEDNESDAY, AUG. 81.


The attorneys for Meyer have petitioned
the supreme corr: for rehearing OF the
contest for the shrievalty. The strictly
technical grounds upon which 1t is based
will be of interest 70 lawyers. "a they in
voIve the suftlciency of the method of ex-
ceptlng to findings of fact and 1t may be
that the court viii render an opinion upon
that point which will be of importance in
all cases.
The chief interest for tho public, how
ever. lies In the presentation Of the con-
Acting decisions upon the initiating of
ballots and In general OF the extent TO
which ministerial acts affect the voters
rights. IL Will be remembered that the
contestant sought TO have the ballots cast
Mt Franklin thrown out upon the ground
that the judge had failed TO place his ini-
tials on the back OF the ballots before they
were deposited. The purpose Of this pro-
vision OF the law is 20 prevent haliot-box
stufiing. II had been frequent trick In
some places TO deposit two and even three
ballots under cover OF one and trust 90
their being shaken apart when the ballot
box was opened. IL was duty imposed
unon the officers Of election TO prevent this
hy putting identifying initials on them and
It forms no part of the act of the voter.
Nevertheless IL is distinct direction and
was held by Meyers counsel TO be n man.
dstory act Essential, to the validity or the
vots.
The other view taken OF Il was that the
act was directory. and while tho right to
watchers and to the voter. the failure 10
DO IL was an ofrense on the part Of the
officer deserving of punishment. bu, should
not no permitted to disfranchisa the inno-
cent voter. This was the view. In general.
sustained hy tho supreme court OF this
state. but the appellants petition shows
that IL is not coucurred in by the highest
courts Of other states.
The California court passed on a case
where the ballot box was stationed at
small precinct. The law requires that the
ballot box shall not he removed from the
polling rIaee until the ballots are counted.
the object being that Il shall not be tam
rered with. u was a quiet little place and
at noon all tho officers adjourned to a
hotel 10 have lunch. taking thu ballot box
with them and placing II IN the center OF
the table. so that ell might see Il was not
touched. There was 10 suspicion Of fraud.
burt the court held II 10 30 violation Of
the law and threw out the entire precinct.
Tha court admitted that no wrong had
beer done and expressed reluctance % dis
franchise tho voters. bat Insisted that the
plain provisions ef the law must ~ Oh
served, as ANY Other Interpretation would
add grave persis % the safe conduct or
cur elections. which are already harassed
by dangers enough
Here are two d!smetrlcaliy opposite
opinions. each based upon sound rrinci-
pies tho only question f. whether a plain
and specific direction Of the law is - b,
observed. or excuses made for inefficient
cr careless officials whose oeense results
in depftVinr voters az their voting power.
while the decision Of the California court
Is sound. II can 20 readily seen how easy
q would BE- for a tricky fudge. DEALING
With an unsusrectinE voter 20 deprive
that voter ~ his vote nv merely falling TO
pat his initials on ihs ballot 10 is easier.
however. and mach moro conducive 10
tst*Ats3 anu AtNaa8a aAN tR appoint men
familiar With THE law as officers and
watchers who can insist unon all provis-
tons eesns complied with than 20 wink at
such departures from the law as audaoity
or tvickery might eontrive under a spe-
claus cover 81 fnadverte7ce. y an officer
were gaiity 81 such an omission he would
never - permitted % serve again where
r. vas known. and a precinct once dis
francbisea would ever after - On its
guard.
The Wyoming court In Its decision,
quoted az Some length IN the petition. goes
even further and declares Il 70 he TIRE fusy
a. tho voter. 81 whose interests effective
siectlon laws are passed. 70 see that his
ballot = treated IS the law directs.
The voser Is ret mere saliogtin< naa-
ssine. but al la,ellssa, being. Who has Q