The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-22
THE ELECTION
DECLARED VALID

quire such entries upon the journals,
while the decisions. with some exceptions,
holding the law, duly signed and approved,
IN the public archives as unimpeachable
were made under constitutions not re-
curing such entries. There are. how
ever, well considered cases that hold such
laws so deposited, signed and approved.
as conclusively authenticated, though
constitutional provisions expressly re-
ouire such entries to be made on the
journals.
1t is not necessary for US to go that far
= this case, as our constitution does not
expressly require such entries TO be
made. except when demanded by five
members; and that entry we nave seen IS
mainly for the purpose of publication.
English statutes found in the proper
custody, duly authenticated, import alb
sc.ute verify; such has been the common
law Of England from early times.
The statutes in question having been
duly signed, approved and deposited in
me office OF the secretary of state. we
must conclusively presume that all con-
stitutional requisites were complied with
IL their enactment.
AS TO SECRET BALLOT.
It is also claimed that section &c of the
act in force March 2S. 1896 supra, is
void, because it conflicts with section
OF article of the state constitution.
which reads: ''All elections shall be by
secret ballot. Nothing in this section
shall be construed TO prevent the use of
any machine or mechanical contrivanee
I for the purpose of receiving. and regis
! tering the votes cast at any election; pro-
served
1t is conceded that this section requires
secret ballot; but defendants claim
! that the statute provides for a secret
! ballot. The portion of section 26 objected
/ to is as follows; 1.-The judge or clerk
! shall Immediately write the name of such
voter upon the poll list, and shall take
I the ballot of such voter and number il in
INK IN one corner upon the top thereof,
/ IN such manner as not to expose or
show how the voter has voted. The same
Ito be numbered in the order in which it
/ shall be received consecutively, and so
as 10 permit the corner to be turned and
| pasted down with mucilage which ilail
/ then be done so that the number is not
/ thereafter visible and such seal shall
only be broken in case of a contested
election; and the. same number shall be
recorded by the election judge or clerk on
| the list of voters beside the name of
srch voter"
Without a violation OF law no one can
ascertain from this numbering for whom
any citizen has voted without contest.
and then the court or tribunal before
| whom the contest is conducted should
only allow tickets cast by persons who
are not legal voters to be examined. and
persons casting such votes cannot insist
| upon secrecy. If a person succeeds in
getting an illegal ticket into the box it
] cannot be thrown out without Identified
| ton, and without the number. or some
| other character or mark upon the ticket.
i cannot be identified When the name
of person who has cast an Illegal
ticket is ascertained. and the number is
learned from the poll list some author
lied person must open the box and break
the seals until the right number is found;
but until that one is reached such per-
! SCR has no right to examine the names
4 on any ticket. The number being on the
, corner il would not be necessary, nor
wculd-it he lawful for him to examine
/ the names on any lawful ticket If it
! should become necessary to count the
| tickets in the box. IL would not - proper
to break the seals and examine the num-
! bers for that purpose. 1t is clear that
ar examination necessary to a contest
cannot disclose for whom any person.
except fraudulent voters. have voted,
( without a violation of the spirit of the
law. We cannot presume that the au-
thors of the constitution intended TO pre-
vent election contesJs-tor prevent any
proceeding by which ballots cast by lille
al voters can be thrown out The
( method devised by this law preserves
I legal secrecy. The members of the con-
vention must have known that election
contests were permitted in all the states,
and that they are deemed necessary wher-
ever the people express their will at the
polls. Justice should be permitted to
pursue fraud; even into the ballot box.
No man should be allowed to hold an
Office obtained by corrupt or Illegal votes.
To prevent ii numbering of ballots is
necessary in some cases. 1t is sanctioned
Hodge. jr.. vs. Linn. 100, III. Ss7.
Ledbetter VS.. Hail. 90 Mo. 422.
' est VS. Ross. 50 Mo. $50.
While we are of the opinion that a law
might be framed permitting an election
contest and better adapted to secure a
secret ballot, we are disposed TO hold the
present law valid Notwithstanding this
objection.
OBJECTION TO TITLE UNTENABLE.
The plaintiff insists further that the
suject of the act in force April 5. supra.
is not clearly expressed in its title, and
that it contains more than one subject,
and that it does not conform to section
% of article of the constitution, which
declares that except general appropria-
ton bills and bills for the codifcation
and general revision of laws, no bill shall
pass containing more than one subject,
which shall be clearly expressed in Its
title"
Undoubtedly this provision requires the
subjects of all bills not within the ex-
ceptions to be clearly expressed within
their titles, and limits each to one subject.
Such limitations were not imposed form
erly on legislation; but observation and
experience have demonstrated a neceS-
sty for their application 1t is believed
that such restrictions tend to prevent
hasty. inconsiderate, improvident and
sometimes corrupt legislation. to the det-
r-ment of the common good.
The object may be a general one how
ever. and ii may be stated IN terms suffi-
means and end necessary or convenient
for the accomplishment of the general
purpose. Their purpose is not fragmen-
tary legislation, however, nor will they
permit subjects to be included not con-
nected with the general purpose-not
necessary or convenient as a means TO
the general end.
The title of the act in question is ex-
pressed as follows: AN act relating 10
and making sundry provisions concerning
elections" The title as expressed indi-
Gates provisions relating to or concerning
elections. 1t states a general purpose
It asserts that the entire act relates to
election and that it contains sundry pro-
visions concerning elections. In that way
the title describes the act, and the pro-
visions il contains The elections which
the act concerns, and for which ii pro-
fesses to make provision, are described
in general terms. broad enough to include
all elections, special and general: cleo
tons to fill offices for the term, or to fill
a vacancy; thus the subject is expressed
and we think il is expressed with suffi-
cient clearness-
Cooley on constitutional limitations. D.
10 173.
People vs. Mahoney, Is Mich. 4S1.
Tuttil vs. Strout, MINI. z65.
FILLING VACANCIES.
This brings us to the further question
is the act what the title says it is, and
do its provisions concern elections? Two
of its sections we will consider with re-