The record-union., 1896-10-30
CONCERNING THE BALLOT.
Judge HnkSOn'S Decision in the Case Of
De YrieS In Placer.
Why the Candidate Should be Desig.
mated Observation-Disclosures
ent-Populist."

A few days since the Record Union
announced the result of Judge link
sons decision in the case of M. lie VrleS'
candidate for Congress, in when ne
ruled that the action of the clerk OF
Placer County, in placing DE Vrles
name on the ballot in that county once
as a Democrat and again as Popullst,
was wrong Following is the decision In
full:
This is a proceeding instituted by the
plaintiff against the defendant as the
County Clerk of the county OF Placer,
to enjoin and restrain him from issuing
and distributing to the electors OF SAID
county (Which the complaint alleges ne
is doing) of sample ballots, that IS sam
pies of the ballots to be used at the en-
suing general election upon which ap-
pears the name of Marion De VrleS, VINO
is the nominee of both the Democratic
and Independent Populist parties, in
two different places, and as follows:
Marion De Nries, Democrat and
Marion De Vries, Independent Popu-
Est" and for an order and judgment of
this court commanding him, the defend
ant. as such Clerk, to deSiSt from iSsu-
ing and distributing such ballots, and
further commanding him to cause to be
printed and distributed in the manner
provided by law, sample ballots upon
which the name of the said De Vries
shall appear but once, and as follows
to wit: Marion De Vries, Democrat
Independent POpulist."
Section 1903 of the Political Code pro-
vides that Not less than twenty-five
days before an election to fill any public
office the Secretary of State shall GER
tify to the County Clerk of each county
within which any of the electors may,
by law. vote for candidates for such Of
flee the name of each person nominat-
ed for such office as specified in the
certificate of such nomination filed with
the Secretary of State
Section 1874 of the Political Code
provides that the County Clerks shall
prepare, have printed and distributed
to the electors of their respective coun-
ties samples of the ballots to be used
al the ensuing election, and Section
1897 provides, among other things, that
"1All ballots shall be printed in plain
Roman type, and shall contain the
names of every candidate whose NOM
ination for any office specified in the
ballot has been certified to and flied ac-
cording to the provisions of this code
added to all the names Of candidates for
each office their party or political deS-
ignatiOn.'
How must this designation be added
And in order to conform to this require
ment of the statute is it necessary
where a man has been nominated for an
Office by two or more political parties,
to have his name printed more than
ialy ct RI hay
one designation follow the name first
printed and the other designation fol-
low the name last printed? Or, if a
man had been nominated by twenty
different parties, in order to add each
designation to his name should his
name be printed twenty times on the
ticket? / think not, and to do so would
be misleading and would tend to de-
feat the object of the election law.
The great object of an election law,
and of the Australian ballot system was
to purify and to keep elections pure and
to protect the voters from fraud and
deception and make clear and simple,
especially to the illiterate and ignorant
voter the means by which he may ex-
ercise the right of suffrage; and the rule
for the construction of statutes is that
in case of ambiguity or uncertainty the
courts will adopt that construction best
adapted to promote the general object
Of the statute, and which nearest con-
forms to right and justice, and the
construction | have given to the pro-
visions Of the statute under considera-
ton is certainly in harmony with these
views.
My views are better expressed by the
Supreme Court of the State of Ne
braska, in the case of State ex rel.
Sturdevant ct ais. VS.. Allen, reported in
the o. Northwestern Reporter at page
30 in which even the principle involved
was identical with the one involved in
this case, and which arose under the
statute almost verbatim in the Ian