The Providence news. (Providence [R.I.]) 1891-1906, 1897-02-03
VOTING MACHINES.
Supreme Court Says they Can Be
Used In This State
Constitution Broad Enough to Cover
Proposai--Judge Rogers Dissents.

On the question as TO whether the McTam-
many voting machines can legally be en-
ployed in elections in this State the Supreme
Court has rendered the following opinion,
which has been received by Governor Lippitt:
To His Excellency, Charles Warren Lipptt,
Governor, etc.:
We have received from your Excellency the
following question: 'Can the General As
sembly of Rhode Island, under our consti-
tuition, enact valid law providing that the
city of Providence may use the McTammany
voting machine, so-call d, in elections held n
said city ?" which we have the honor 10
answer in the affirmative. In doing so we are
not, of course, TO be understood TO say that
the trainers of the constitution, individu-
ais had in mind such method OF voting as
that TO which you refer, for that would be
obviously improbable. The question, how
ever, Is not what limitations they may have
had i'm mind by reason of the methods TO
which they were accustomed but what the
language Of the constitution means, or may
reasonably mean, with reference 10 the matter
before us The opinions of the men who
frame a constitution or law cannot be taken
IA its true construction unless the language
used is capable of such construction; and so,
on the other hand. law is not uunconstitu-
tional If il is reasonably within the terms OF
the constitution. (see State v. District OF
Narragansett. 10 II. l., 42i.) The language
used may be broader than individual concep-
tions at the time, anG often is, but it is the
language used which must prevail.
The Institution says, in article 8, section 2.
after providing that the voting for genei al
officers shall be by ballot, "and in all cases
where an election is made by ballot or paper
vote, the manner of balloting shall be the
same "a is now required in voting for general
officers until otherwise prescribed by law"
In this clause the meaning of the word "bal-
lot" is explained by the words paper vote"
The primary meaning of ballot" which sig
nifed a little ball, is not the one intended,
but the broader meaning which has been sub
stituted for the word by reason of the change
in the mode If voting from li;tle balls TO that
of paper vote. The purpose of the constitu-
tion is evidently to provide record more
permanent than that of counting hands and
the like by which the declared result may be
verified That the manner Of securing this
might be changed is evident from the use of
the phrase until otherwise provided by
law" We think therefore, that the present
proposal is within the terms and purposes of
the constitution. Ii is paper vote, ON which
the names of the candidates are printe and
from which the result may afterward be as
certained by counting as we'll rs in the case of
individual slips of paper. The vote of aspar-
ticuar person may not be ident fled, but that
cannot be done under the present system. We
see no reason why choice may not be indi-
Gated well by puncture of the paper as
by a pencil mark. The language Of the con-
stitution seems to be broad enough to cover
the proposal; the purpose of the constitution
Is subserved and the possibility of "A change
u ef I.aatlod- anticipated and -freriaHa-fsr.
The esential thing 10 be secured * a record of
the choice of the voters, and this, we under
stand, will be secured by the method proposed.
In this ouinion we assume that lprovision will
be made for votes for persons other than those
whose names are on an official ballot, in case
a voter so desires. Owing 20 the illness of
Judge Wilbur. we have been unable to confer
with him.
CHARLES MATTESON.
JOHN II. STINESS.
p. Il. TILLINGHAST.
WM. W. DOUGLAS.
Judge Rogers dissrnts on the ground that
voting by the proposed machine would be
unconstitutional