The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-12-10
DECISION GIVEN.
City Solicitor Passes
on the Sticker
Question.
THEY CANNOT GO ON BALLOTS.
A Voter Using Them Can
Be Arrested and
,0, Fined.
THEY CANNOT GO ON BALLOTS.

0iSN'ioll' Inc document
Is selI-eXplanatory:
0aoo,,,,,.. y ,ooo
II, Fl Towna 11so Ca. IIIoSi D. 1888
Dear Sir. W., 49, 80 80
6ena rtrnent w. o,,,ast; daheu the law
ence 70 tha annToo coi,'t, Win feIer-
First-"Cap tba Us 10y eIecltoh;
eight-hour law nbo,Ita,, 81 pe ~ VI me
of 1898 he voted 49,, -, vi 'iie laws
second, yybo+ t,iii - .,..
anv attic nat 80 -. LIZ iesults Oh
of ire accan+ar.o9, pm 'He question
These a1estions oro ,,.,
view of the statar,at1+ +t,o+ l.o, III
intend voting I,no,1 tbis t','o sUiiie voters
of sticl,ers oT ofbar,,,ii,o 'iOli ny use
To vour first inG,,iry, ,-.
no vote can bo baa 1Ho vel mat
eIection -, 1900 ia. "a a. the iiuhlclpaI
accentanca of t1i W.! ne qGSstIon OF the
of4icio1 hol1o+ 49,, $500 1NOne DuI the
ciDal eleetion No 80 ~ ~ any Hlunl-
nranara bic hol,o+ to.. Hee [Isht TO
prepared for hin, o ,llIii Sero.t ~ nave II
ballot hov IN az, ,,t +l., 1eposlt II IN the
nointed ont hv low I Tf l7a 5 way lHaL that
his vote recej,ad 10 80 eS 70 nave
cial haII,t yrIioI e ne nus use me ON
direction MA - - pa Gu uiiuer your
hoard Of aIdar,,a,9 va a r en- rom me
o1-na,s1 80 49, - - g 60 p l!ioeu az me
900 910 cbentar 20 oG ~ l9z, l95 dSa'
Fvan IT, I,ateT oao 81 .IiS avs Oh 1925
1ot IN nri,+ - ~ pa % IiI2 etlIlIe pal
10 III ~ M 70 ms own Satisfaction 1t
&c 49," 80 " 81 an nc counted Coie
nv ~, IN e ~ as foU'
=" o. a. III 'IIIS eIectioh contains
H. =, Ioi tIle TO popu-
iell ~ tiee ac9e ptance OF the eight
nj 20 IeITIteu ~ IN your inquiry
ne mater dIthousA presented to the
bpdlu VI dluGItleu, was AFTER COnSlQ-
go I'm - ny inserted III the warrant. Re
SCI vas lldu 70 the courts, ana writ
- .tti an 10 70 colApGI Ihe insertion
~ ~ Su lI an article IN lne warrant for
tnIs erection was prayed Tor from the
sup enc COURT: rms writ was denied
aLtel Lull neufinS' on the ground that
Ine ue teIlIIihaIloh OF that matter was
NSsleu nhdiiy IN the board OF aldermen,
anu II atohe hau authority TO direct the
~ pa a.L allon OF the oHlclal paiot,
tAetlng under their instructions, you
nave therefore, prepared the oiilcial
DalIot' Whlch contains no reference to
Inns act IL ls therefore, perfectly clear
tn ,d no vote can De had upon 1t.
mere is no authority In the election
law or ELSEWHERE, ana 1t is L matter
VI rlsht TO vote py means OF a paster
OF otherWlse, Tor a person to fill an
once nor upon question, the name or
slShated on the ofnciaI ballot prepared
Ior the use OF the voters Lawlor's case,
4o0 "a. 81 BOO,
w nateVer dlnerences ot'opinion may
nave existed as 70 Wnat should have
i0seh upon tine ofHclal ballot when that
questlon was open to discussion, after
IT'S form is 1lnally' settled by the proper
authorltes, the only course open is to
vote upon it as it is
IA a will lNf
tne results OF any attempt to vote upon
the question of its acceptance|'
no paster, intended to be used as
yote upon the question can be distri-
outed, posted or circulated in the poll
ing place, in the building in which the
polling place is located, or on the walls
lthereof, on the premises on which the
puIiulng STANDS, or on the sidewalk ad-
Jothihg sad premises. Any violation of
inns provision is made crime punish
apIe by Hne.
Inc election law permits pastors UNI
der certain circumstances to be placed
upon the otneial ballot, But no pastors
can be used except as to a subject mat
Yer Whlch is properly upon the official
balIot and subject to all the restric-
A., LOns as to names, residence, political
designations and size of type that the
ballot itself is subject to. Sections 1913,
~ -14' NlloD ofo VI the laws VI 1000
E Ii, however, any voter should persist
in attempting to use a sticker with ref
erence to this or any other subject,
which is not legally upon the ballot, he
undoubtedly places a distinguishing
mark upon. his ballot. Sec 227, chap.
54S acts of 1898: Baxter VS. Ellis, III
NJ c. 1874; Oglesby VS. Sigman, IS Miss.
500; Phelan vs. Walsh, 62 Conn. 260;
Yates VS. Martin, 5 Cong. Ell. Cas-. 3S9.
The placing of any distinguishing
mark upon a ballot is however made a
crime punishable by imprisonment.
Sec. 377 chan. 54S. ANY voter therefore
who attempts to place any distinguish
ing mark upon his ballot is liable to
the punishment innosed nv this stat
ute.
1t is TOO clear for argument that If
any Such votes are cast thew cannot
be counted. but no return can he taken
of them. EIectdnn officers can count
and make returns only relative 70 mat
tiers .upon the officiai ballot Sec 934
of election law of 1898
tits omen "a serious ouestion whether
the uses of tha sticlrare voT rotor, 10
will not invaIidafe tbe whole ballot II
is strong argument that NO ballot
which on its face hears irrafnta HE
proof of tbe comniseian Of roisda-
meanor is NOT So contrary 70 tbe shirt
of law and does s1,ch violence 70 tbe
legal Durity which ouebt alraVs 70
surround the ballot hoy as ~ render
the entire ballot Illegal Hinder stat
utes differing slightly from ours ir,
their nhraseoIoev sTcb haiIots bo1a
been held 10 he illegal TittIe ReaI,e,.
yrowneb.n School Siracto,,s, Iri1ett,,,a
1e5 pa q o99. PoI,artc NC cA,oc+ 40