The Topeka state journal., 1898-11-16
IS 1T ILLEGAL?
The Vote Cast by the Volunteers in
Foreign Lands

Complications which are now arising
may deprive the Kansas volunteer SOL
dier now in the field of a voice in the
last election. The soldiers have voted
at Manila, on shipboard en- route to the
Philippines and at San Luis de Cuba,
but now there arises a doubt as to the
legality of such voting.
Kansas elections are governed by the
Australian ballot law. The people in
this state vote in booths and the ballot
is secret. The volunteers voted as was
the custom before the passage of the
Australian ballot law, a small slip of
paper bearing the names of the candi-
dates voted for being used instead of
the large ballot prescribed by the law
under which Kansas elections are held,
and on which appears the names of the
candidates of all parties. Under the old
system it is possible to ascertain which
way a man voted. Under the new meth
Cd only the man casting the vote knows
who it is for.
whether or not the manner of hold
ing an election in the field or in mill
tary camps is a violation of the Kansas
election law sufficient to destroy the
validity of the ballot is something which
will be determined as the result of the
controversy which has arisen. The law
giving soldiers the right to vote was
passed long before the Australian ballot
law was passed and the latter made no
provision to cover this subject.
Then there is another question and
that is can the constitution of the state
of Kansas or even the Australian bal
lot law which takes in almost every
thing under the shining sun govern cleo
tiOnS held outside of the United States?
It is suggested by lawyers who are now
taking much interest in this subject
that there is perhaps doubt concern
ing this point, but none of them have
studied the matter sufficiently to care
to give expression to an opinion for pub
licatiOn.
Some believe that the conflict in the
election law will, when the matter
reaches the court, as it is likely to do.
be sufficient to destroy the validity of
the soldier vote.
There is now a contest on in Bourbon
county which will involve these qUes-
tiOns Hubert Lardner, the fusion can
didate for clerk of the court says he
will contest the election result If the
soldier vote gives his opponent ma
iOritv I,ardner now has a small ma
joritv which the Republicans claim will
be wiped out by the vote from the Kan
sas soldiers now out of the united
In Ieavenworth and La.bette counties
there are complications which the sol
dier vote is likely to relieve only TO
bring on a contest over the offices in the
courts. There are also in many coun-
ties close results on local offices Whlch
will also be the cause OF 1ndehnlte
scram bling until the courts pass upon
the question.
Attorney General Boyle said today:
"I have not fully investigated TINS SUP
ject but I am inclined to be1eVe that
the conflict between the two laws may
nroduce complications which may de-
prive the soldier of the right to vote
while out of the limits of the United
States. 7 thought when the matter was
first presented to me that TINS Woulu
make no difference but am now m
clined to take another view OF the mat
ter but do not care to commit nyseH
until I have made a more thorough IN
vestigation of the matter.
Mr. D. W. Mulvane, who has peen
looking up the question, is of the opln-
ion that the conflict in the law may pro-
duce complications which VIII seriously
interfere with and delay, if not entirely
invalidate the counting of the soldier
vote He said today; This IS OF
course a question of law and its pecular
foundation gives gives advocates or
either an opposing or supporting idea
ample opportunity for discussion
Thomas P. Fen1On of LeavenWorth
saws: In my opinion votes cast by the
soldiers absent from the limits OF the
United States are illegal. The consti-
tuition makes no provision for electlonS
outside of the United States and be-
1ieve that the vote cast as 1t was, IN VlO-
latiOn of the Australian ballot law IS IL"
legal I think a legal contest before
the courts of the state would result in
decision in the direction L nave suggest
ed
The law governing this subject says;
1T shall be lawful for qual1hed electors
of Kansas who may on the occurrance
of any annual election be absent from
their township or ward, employed in the
military or volunteer service Of the state
or the United States, to vote for county
district or state officers, members or the
legislature. and for members Of con-
greSS, and electors for president and
vice president of the United States, al
the places where they may be stationed