The citizen. (Frederick City, Md.) 1895-1923, 1896-08-21
AUGUST TERM OF COURT.
Chief Judge McSherry's Charge TO
the Jury on the New Election
Law, Etc.

Grand and Petit Jurles were S"oiA
in. The Petit Jury was discharged TO
meet on Monday, the Slst. Judge
McSherry delivered an eloquent and
pointed charge TO the jury, which we
publish in full below:
..There have been several amend
ments made to the penal code by the
Legislature of 1896. the most important
of which it may be well to refer to
briefly. By chapter 70 il is made
penal offence for man, without just
cause, to desert or Vilfully to neglect
to provide for the support aud main
tenance of his wife and minor child.
BY chapter l47 all proprietors or OWL
ers of any retail, jobbing or wholesale
dry-goods store, notions, millinery or
other business where any female help
are employed, shall provide a chair or
stool for each one of such female help
o clerks, so that they may rest when
not engaged in making sales. By chap
ter 396 matchmaking. either by writing
or verbally, is punished with exceed
ingly severe penalties. Chapter 437
provides that whoever WiIlfully places
or causes to be placed in or upon any
avenue, street, alley, road, highway or
public way any tack, nail, piece of iron,
broken glass or other substance which
may injure, cut or puncture any pneu-
matte tire, shall be guilty of INSIDE
meanor. TO be tried before a Justice Of
the peace, and snail be fined not more
than $50 nor less than s., TO be paid
into the road or street fund Of the
county or municipal corporation in
which the fine may be collected.
But among all the acts of Assem-
bly, passed by the Legislature of 1896,
perhaps the most important i the new
election law, aud il Is the most III pOr-
taut because il deals with a subject that
lies at the bottom of popular govern
ment This statute i designed 10
throw additional safeguards around the
elective franchise and by carefully
drawn details to guarantee fair ana
honest elections. It's provisions are
numerous. 1t may not, however, be
aIniss al this time TO invite Aour atteu-
ton to one of them. In our govern
ment the people are the source of all
power. Through the elective franchise
they give expression u their prefer
eBceS, not only a. 10 the candidates
vino seek some office At their uauc~
but tar beyond that; they >etrle ~ the
bal.ot grave political aud economic
questions which may be necessary 10
OF injuriOu,iy affect the welfare Of the
wncle community, just a these queS-
lions are rightly OF wrongly deterniu-
ed
Our Republican government j.
founded on the consent II tie govern
ed. If the freedom Of the Individual
voter 10 choose the policy which his
own judgment or interest may suggest
a he best for him to adopl br ovefIiI-
den or controlled by coercion or Ue in
huenced uy c Eruption. the bali cas-
under such conditions Ceases 10 express
the voters wish, t,r where there i co.
trc.on OF corruption there i 10 free
dom uf choice, ami where there l. no
freedom of choice = republic may ex-
lst ia name, but III fact aud liz theory
i al an end. Where the viii 81 the
voter = SubOrJiuated 10 the undue and
unlawful dictaliOu Of another AL elec-
ton records q Result achieved 10y the
dominating Influence, out fail, L. voice
tie opinions or Inc preferences OF the
electors, and hen, a. i most geuvr-
ally the case where sinister meth 4ds
are reSOrted to. tue dominating ibfiu-
ence i eXerted by aggregated power
over Inc ueeCy ami The dependent. the
very machinery devised 10 perpetuat5
our Liberties and form of government
becomes the most available aud GER
tain agency by winch tier ultimate
destruction viii be accOmp iehed
IL i consequently one of the III gu
est duties of the executive and judicial
departments OF the Stale government
10 enforce rigidly the statutes enacted
by the legislative department for tue
preservation OF the absolute freedom af
the elective franchise, aud upon the
courage and fidelity of the grand iu-
rles rests the weighty obligation TO
orlng, when occasion requires Il, formal
accusations against those Who violate
these enactments.
Recognizing the vital necessity of
protecting the absolute freedom of the
voter against every sinister and im-
proper influence, from whatever quar-
ter II may come. the Legislature OF
1896, by section s. OF chapter POP. en-
acted: If at any election hereafter
held IN any city.or county any person
shall, by force, threat, menace. intimi-
dation, bribery or reward. or offer or
reward, or offer or promise thereof.
or otherwise unlawfully, either direct
~ or indirectly Influence, or attempt
10 influence any voter IN giving his
vote, or prevent or hinder, or attempt
to prevent or hinder, any qualified vo-
Ter from freely exercising the right of
suffrage or by any such means induce
or attempt TO induce. any such vo.er
so exercise any such fright, every per
ton shall. upon conviction there
of, be punished by Imprisonment in
jail or in the penitentiary for not les
than SIX mouths nor more than five
years
This is the literal transcript of sec
ton % of article 80 of the code except (
as TO the punishment. Under the code /
a fine ana imprisonment 10 Jail were
imposed, while under the act of lS69
the fiue is omitted, but the imprison- +
ment may be IN the peBitentiary or ia 4
the Jail
he terms OF this statute are broad
ana sweeping. They cover, and were
intended TO cover, every case that can
possibly arise, and they We're meant
to reach all species Of Intimidation /
which cunning ingenuity could invent
LII makes no difference in what dis
guise the Intimidation, the threat or
unlawful means resorted to be clothed
and 1t matters not how Indirectly the
attempt to hinder the voter FROM free