Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-08-18

In his charge to the grand jury at the
opening of the August term of court at
Frederick, Md. yesterday, Chief Judge
James McSherry made the following COM
ment on the Maryland election law of 1896.
which is of especial importance in the APP
preaching campaign:
But. among all the acts of assembly
passed by the legislature of 1896 perhaps
the most important is the new election law.
and it Is the most important because il
deals with subject that lies at the founda-
ton of popular government. This statute
Is designed to throw additional safeguards
around the elective franchise, and by care
fully drawn details to guarantee fair and
honest elections. Its provisions are numer-
Gus. 1t may not, however, be amiss at this
time to invite your attention to one of
them. In our government the people are
the source of all power Through the elect
I've franchise they give expression to their
preferences, not only as to the candidates
who seek some Office at their hands but
lar beyond that: they settle by the ballot
grave political and economic questions
winch may be necessary to or injuriously
AFFECT the welfare of the whole com .nunity
just as these questions rightly or
wrongly determined.
our republican government is founded
on the consent OF the governed. If the free
uoii OF the individual voter to choose the
policy which his own judgment or interest
may suggest as the best for him to adopt
he oNerriuden or controlled by coercion or
be Influenced by corruption The ballot cast
under such conditions ceases to express
the voter : wish, for whore there is coer-
con or corruption there is no freedom of
cnolce, ana where there is no freedom of
choice republic may exist in name bu; in
fact ana In theory is at an end. Where the
WIN OF me voter Is shbordinated to the ui-
due and unlawful dictation of another an
ciecuon records result achieved by the
dominating influence. but fails to voice the
opinions or the preferences of the electors
anu when. as is most generally the case
where sinister methods are resorted to- the
domino ting influence is exer,ed by aggre-
s&;ed power over the needy and the Deepen
deht, The very machinery devised to per
petuate our liberties and form of govern
Heht becomes the most available and GER
tam agency by which their ultimate de-
Stfuctio1 VIII be accomplished
~ Is consequently one of the highest
cut:es Oh the executive and judicial d.-part-
ments OF the state government to epforc.
r!Gidl" the statutes enacted by the Ieeisla-
1--WE department for the preservation of tho
apSoiuie freedom OF the elective franchise
ana upon the courage and fidelity of the
grand luries rests the wetghty obligation 70
pfihs. when occasion requires it, formal ac-
cusalions against those who violate these
enactrentS.
"Recosnizing the vital necessity or mo
tectlng the absolute freedom of the vote
against every sinister and Improper fnf,u-
ehce, from whatever quarter 1t may come
the legislature of 1896. by section X, of
chapter 2st2. enacted: If at any election
hereafter held in any city or county any
person shall. by force. threat menace IN
'iihiuatioh, bribery or reward or offer or
Irom!se thereof. or otherwise unlawfuliv
either directly or Indirectly influence or
attempt to influence, airy voter in giving
his vote, Or prevent or hinder. or attemp:
%. 20 prevent or hinder, any qualified voter
h.,
iraSe, or by any such means induce or
attempt to induce, any such voter to ex-
ercise any such right every such persor
Sfail' upon conVic ton thereof. hc punished
~ Imprisonment in jail or in the re,liten-
tiary for not less than six months nor more
than five years
This is the literal transcript Of section -
of article .; of the coGe exc.nt as IN Tho
punishment. Under the code a fine and i'm
prlsonment in jail We're imposei while nm
der the act of 1896 the fine i, om,t ted but
the Imprisonment may he IN the peniten-
tiary or the jail
The terms of this statute are broad and
sweeping. they cover, and We're intended
to cover, every case that can possibly arise
and they We're meant to reach all species of
intimidation which cunning ingenuity coi,lJ
invent. 1t makes no difference i'm WHAT
disguise the intimidation. the threat Or
other unlawful means resorted to he clot h
ed. and 1t matters not how Indirectly the
attempt to hinder the voter from freely ex-
crcising the right Of suffrage he eyertrd
every device is within the statute, ana a
resort to any scheme will incur the sever
est penalty prescribed.
III a creditor threatens to call I'm his
mortgage debt or to demand payment of a
rromissory note or other claim unl.s, the
debtor shall vote as the creditor wishes. the
creditor thereby makes himself amenahle 10
the law III an employer threatens to dis
miss or discharge his employe or to cut
down his wages unless the enlployt. shall
vote as the employer requires, the employ
er, by that threat. no matter now coyertlv
or indirectly made or cOmmunca led. rem
ders himself liable, upon conviction, to
serve term of five years in the pentten-
tiary, and it makes no difference who the
employer may be- He may he a private in
dlvidual or an officer, agent, superintendent
or boss of corporation OF a firm.
These instances are sufficient to illustrate
the scope OF the law, though others might
he given. IF resort be had to any means of
intimidation. the guilty party will be an
swerable under the law.
whether since the passage of this law
any of the things prohibited by it have been
done or not am unable to say, but that the
legislature believed these things might be
done or attempted is evident from the fact
a heavy penalty has been denounced
against those persons who shall he guilty of
doing them. 1t Is hoped this statute viii
not be violated. But If It should he, as is
altogether possible in times of great politi-
cal excitement. this grand jury, which win
not be finally discharged until the second
Monday of December. will be promptly con-
vened and will be given the matter in
charge, to the end that the guilty parties
swiftly subjected to certain punishment"