The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-03-11

such purpose, opposite the name oil
names of the candidate or cs ndidates
for whom he desires TO vote"
The ballots so marked are clearly
illegal and should be rejected.
Ballot Exhibit 26 was not marked
with anv cross, but had the name
"AIex. Young" written in pencil in
the space provided for the mark aud
should be T. jtcted. This makes five
Young which are illegal aud should
be rejected
Ballot Exhibit IL was ma kel IN
/ the space provided for the ma oppo
site the name of II. l.. Holstein as
/ follows:
81 X" This should be rejected
as being in violation of the third
paragraph of Section los of the rules,
etc, id. which reads:
at a ballot contains any mark or
symbO whereby it may be identified,
or any mark or symbol contrary to
/ the provisions hereof,
then such ballot and all it contains
must be rejected"
! The three short marks i'm medlately
/ preceding the cross and having no
/ connection with il, are "marks or
/ Symbols whereby the ballot may b.
/ Identified which is forbidden oy the
law
Before considering further the
numerous other objections that have
been made to various ballots we find
! the law to be that the main object OF
the present system of voting is to
secure secrecy of the ballot. Various
provisions of law are enacted so that
no one but the voter shall know for
whom he votes unless he shall there
after disclose it. The provisions in
respect to the place Of aff1xing the
mark, the character of the ark, and
that no other mark or symbol shall
be made upon the ballot, are designed
to secure such uniformity in appear
ance that any particular ballot cast
shall not be distinguished and iden
titled. We regard all these provisions
as mandatory but whether in any
particular case they will be held to be
fatal to the validity of the vote must
depend upon the particular character
of the variation from the statute re
Quirement. An honest attempt at
making the cross prescribed by the
statute though imperfectIy executed,
which is apparently due to want of
skin or awkwardness in the use of the
pencil, imperfect eyesight, or nervous
trembling of the hand, should not be
rejected The law should be con-
chise the voter. A large number of
the ballots cast are imperfectly mark
ed. In some cases the voter was ap-
parently not certain that his strokes
of the pencil were sufficiently plain
and repeated them. Some ballots
were marked with trembling hands
and the crosses are irregular, but we
find none of them made with any
design to have them identified there
after. They were all counted for the
candidates whOss names are opposite
them. We hold that none of them
should be rejected.
A few ballots have the crosses very
near, and in some instances touching
or intersecting the lines or the extern
sion of the lines enclosing the spaces
provided for the voters marks for the
respective candidates. But. as these
are substantially within the spaces
provided for the mark, and the voters
choice readily appears, we do not re-
ject any of them.
On the lower part of one ballot, Ex-
hibit 5, cast for Mr.. HOlstein, there is
a short red line. Judging from the
appearance of the line, and from the
nature of the fluid which made the
line, and which. is apparently the red
cOlOred adhesive matter used for stick
ing the ballots together in blocks, it
is obvious that the existence of the
line on he ballot is the result of ac-
cident in the printing office It would
not be likely to attract the attention
of casual observer. Such being it's
charac' er, we do not reject it.
There remain two classes of Objec-
tions. We can see no difference in
principle between them; they must
and or fall together.
III one precinct all of the six "spe-
cimen" hailOts required by law iSec-
ton 81 of the Rules, etc. to be posted,
three outside the polling room and
three in the voting compartments,
We're handed to voters and duly
market by them, cast and counted oy
the inspt ctOrs. These were all marked
and counted for II. L. Holstein. There
were also seventeen ballots which on
their face showed that they were not
properly folded as required by Section
SO, which reads as follows:
"Before delivering a ballot to
voter the inspectors shall fold it twice
first across the middle so as to form a
rectangle, and again in the same
manner and in the same direction,
and in such manner as to conceal the
contents thereof"
These ballots bear creases showing
where they were folded and they were
only 1OluoO once and not twice In the
same direction. OF these, ten were
marked, cast and counted for Alexan-
der Young aDd seven for II. L. Hol-
stein. One hundred and twenty seven
CPD ballots in all were counted for
Alexander Young. Deducting the
five (5l ballots which we have above
rejected from this number, will leave
one hundred and twenty. two (122)
votes for Mr.. Young.
One hundred and tWenty-seven bal
lots were counted for II. L. HOlstein.
Deducting the one for him which we
have above rejected will leave him
one hundred and twenty-six (126)
votes. Now, if the improperly folded
ballots counted for Young, ten in
number, were rejected it will leave 112
votes for him. If the seven (7) inn
properly folded ballots cast for Hol-
stein were deducted from his 126, it
will leave him 119, ami if the six
specimen ballots cast for Holstein
are deducted he will have 1l3 votes, q