Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-22

state, wa must colclusiveiy pJrsam
that "a constitutional requisites were
compiled with IN their egactmeut.
1t is also claimed that section % Of
the act u force March IS, lse6, suprs,
Is void, because It oUuilicie with Sec
ton s OF Article OF tbs State Con13-
Hutton, which readt:
"Ali elections shall he by secret
ballot. Nothing Ia this sectlou shall
ha construed to prevent tho use o! ary
machine or mechanical contrivauce for
the purpose OF receiving and register.
Ing the votes cast hi any election; pro-
vided, thst secrecy in vcting be pre-
eerved.'
1t is conredel shat this section re-
quire' secret ballot; but deisnuauts
ciaim tlat the statutes provides Tor a
secret ballot. The portion OF section
70 objected 10 Is Az follows, "rhe judge
Or CLERK shall Immediately write the
name Of such voter upon the poll list,
aud shall take the ballot OF such voter
anu number II In ink IN Que corner
uuon the top thereof, Ia tu0h manner
as not TO expose or show how the voter
hes voted. The same TO BIZ numbered
Ia the order IN which il shall DO re-
ceived oOneecutivelv, ant 10 as to per-
uit the cirner to DO turned ana posted
dlwn with mucilRge, which shall then
bs done 30 that tho number ia not there
after visible, and tucn seal shall only
bu broken III cite 81 coHtusted cleo.
ton, End the eime number shall he
recorded qy the election judge Or clerk
on the list If vllcrs bssiue the name OF
such voter"
WItbou, violation OF law no one
can ascertain from tnis lumb,rl for
whom any citizen has voted withuu.
q contest, AMI then tue cur. or iribI-
mi before whom he contest II con-
Quoted should only allow t!csots cas,
by psrsous who are not legal voters TO
Ue exemineJ, and QeltOns casting such
votes cannot insist upOn secrecy. II q
person encoseds In getting an Illegal
ticket into tue OoX, it cannot be tllrg wn
cut without Identification. aud with
out the number, Ut eome other chArsc'
ter or mart upon the ticket, IL cannot
0e ideutfl 81. When the name OF a
person VINO has cast an Illegal ticket ls
asGtItRineu. and the number Is learned
from the poll list, some authorlZel
person must open this box and break
the ssn,s until the right number IL
!ounJ; but until that one Is reached,
such petson has no right - examine
The names on any ticket. The mum.
Der being o IN the the corner it would
not be necessary, nsr would II be
lawful for him to examine the
names Gu auy lawful ticket. II it
should become necessary TO count the
tickets in tue hox, u would not be
proper TO break the seals aud examine
the numbers Tor that purpose. IL Is
clear that TN examination necessary to
u contest cannot uisclosu i0r whom
any person, except fraudulent voters,
have vOtea without violation the
spirit OF the law. No cAauOt ptesume
that the authors OF the Constitution
intended to prevent election CONTEXT
to prevent any proceeding by when
bRllute cast toy Illegal voters can be
thrown cut. 'Ghe method devised by
thle law preserves legal secrecy. The
membeis pi the convention must have
known that election contests were
permitted Ia all the states, aud that
they are ceymed necessary wherever
the people express their VIII at the
polls. Justice should bs PERMITTED to
puTtue fraud even into tbs cal!o. blx.
NJ man should be allowed 10 hold
an eiiiGe obtained by corrupt or illegal
votes. To prevent 1t numbering OF
ballots Is necessary in some cases--N is
sanctioned 10y authority.
Hodges ii. VS. Lynn, 100 III. S77.
Ledoetter We Hall, g Mo. 424,
Vett ys Ross, 81 Mo. $50.
While we are Of the opinion that Il
law might be framed permitting an
election contes, anu better adapted 10
secure u secret ballot, we are disposed
to hold the present law valid notwith.
standing this objection.
The plaintiff insists further that the
subject OF the act in force April 5th,
supra, is not clearly expressed in It's
title, and that 1t contains more than
one subject, aud that 1t does not COZ
form TO section %, or article ., OF the
Constitution which declares that "ex.
cept general appropriation bills and
bills Tor the codiiication and general
revision OF law, no bill shall pass con-
tanning more than one subject which
shall be clearly expressed 1t its title."
Undoubtedly this provision requires
tho subjects OF all bile, not within the
exceptions, to be clearly expressed in
their titiee, and the title limited to one
subject. Such limitations were not
imposed formerly on legislation; but
observation anu experience nRye
demonstrated u necessity for their
application. 1t is believed that such
restrictions tend to prevent hasty, In.
confederate improvement, ana some
times corrupt legislation, TO the detri-
ment cithe common good.
The object may be- general one,
however, AMI II may be stated IN terms
sufIi cieutly comprehensive 10 embrace
every means anu end necessary or con-
yenieut for ths accomplishment Of the
general purpose. Thar purpose is not
fragmentary legislation however, nor
will they permit subjects to be in
cluted not connected with the general
purpose--n not necessary or convenient
as q means to the general end.
The title OF the act In question 10
EXPRESSED as follows: IAN act relating
10, and making suHdry provisions
concerning elections" The title
as expressed indicates provisions
relating to, or concerning cleo.
lions. lt states general
purpose. 1t asserts that the entire act
relates TO election and that II contains
sundry provisions concerning elec.
tions. la that way the title descI!bes
the act, and the provisions II con-
taips, The elections which the act
concerns, and for which It processes to
make provision, ara degcribet ia gen.
eraI terms, broad enough TO include
all elections, special ana general; eiec.
tons TO fill offices tor the term, or to
MI vacancy; thus the subject is ex-
nrnexao and Hu think ii ia yxpfgssll