The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-12-28
IT is A GOOD LAW.
CONCLUDED FROM FIRST PAGE)


CONCLUDED FROM FIRST PAGE)
1t that the Legislature has the right and power
tc fix as the only punishment, disfranchisenlent,
provided that the crime Is such as is recognized
by law as an infamous crime.
I'm many of the States there are statutes de-
filming what are and what are not infamous
crimes. but Indiana statutes at the present tine
do not do this. The decisions of the different
States are not in harmony, some Of the courts
holding infamous crimes TO be those punishable
by Imprisonment and hard labor, and others
that IL the act is Infamous IL is an Infamous
crime, regardless of the punishment.
1T has always been regarded as one Of the
most important acts OF the Legislature to pro-
vide for the purity Of the ballot. Up to the
time of the enactment Of the Australian law
IT was provided that a person guilty Of selling
his vote was guilty OF a crime punishable by
Imprisonment, a fine, and ACKNOWLEDGMENT. Up
to that time vote selling was regarded as an
infamous crime, for 1t is admitted that so long
as the punishment was imprisonment That the
crime was infamous, and that 1t was perfectly
legal to add disfranchisement Now we have
exactly the same crime, involving the same
punishment has been removed, the act is de-
clared to be unconstitutional.
81 think that. in the matter under considera-
ton, IL the act itself carries infamy to the per-
~petrator, aside from the punishment that may be
a punishment, disfranchisement, it Is a deciara-
ton on the part of the legislators that the crime
is infamous within the authority guaranteed by
LET us look at the elements which the act
itself includes. What is known as the sovereign
power is in all governments lodged some place.
and the betrayal OF the confidence thus imposed
government. A man convicted Of treason is
convicted Of. the highest crime known. to law.
the conviction carries with 1t such infamy that
the historian. in recording IL, records it as the
blacklist crime ever committed against govern
ms emf. cor,n.o, ,,a, e entered into hv the
people of the United States is:
I'm order to form a more perfect union. in
sure domestic tranquility, provide for common
defense. promote the general welfare and secure
the blessings of liberty, etc
ballot. Their vote embodies all the principles
rpSr which our government was founded; Upon
standpoint depends the stability of the govern
T trs aa and ,h he yho s SELLS his vote sells his eoun-
He takes away the foundation of the govern
erty to be bought and sold.
From the time tina. Judas acted the part m
the world the betrayal of trust and confidence
bestowed upon a man has carried with it the
STING of infamy:
agent who has betrayed a trust can be removed
and the power invested an him be revoked. The
purpose of carrying into effect It's principles,
and the moment he offers to sell himself out ne
delivers himself over to a principle that is an
"infamy means public disgrace. A man i'm
disgraced. but is this the only means of reach
ing this condition.? To a man who has the
casts his vote from a conscientious standpoint.
there could be no greater disgrace than TO be
OA' " cNahAAie LIS fCeC+ IL SUN Gil Ia
dividual the crime is an Infamous one. Then
the question is: does the public so regard it? /
am unwilling to declare that the public has so
far digressed from the principles OF their fore
fathers as to lose the proper appreciation of this
right Of suffrage secured to them and main
tanned at so great a cost and at the loss OF so
many lives. 1 think the public regards it as
the most sacred trust ever imposed and the
%grandest privilege ever secured TO mankind, ant
that he who tarters or sells his vote is guilty OF
the most infamous crime that can be m
INFAMY OF voTE-sELLING.
HI who is disfranchised lcses his manhood.
He has lost his right Of citizenship; he no longer
stands on an equality with his n~eighbor. the
guaranty OF the Constitution that he was created
equal to all others has been by him sold anu
transferred to another. I think IT will not dc
to say that such a man has not onmitted an
infamous crime. and that he has not been pub
licly disgraced- II a man steals 10 cents worth
of property and is convicted OF petit larceny he
may be disfranehised under our decisions. Can
it be claimed that the stealing of 10 cents worth
Of property is a crime of greater magnitude
than that Of selling a vote? When we reach a
condition of affairs wherein the irs;-meltioneu
crime is considered greater than the last we
have indeed reached a state in which the sta
bility of our government stands upon a yer,
When we remember that It is the duty OF
our Legislature 10 enact laws for the purity OF
elections. and that such laws are for the pur-
pose of declaring to the people the sacredness
Oh the DdliUl, 4 tdke IL, IRON an eaucauondl
standpoint. that the law under consideration l.
the best enc on the subject yet enacted. 1T
teaches the value OF the thing itself. IL SAYS 10
a man, If the ballot Is OF no more value TO vou
than what you can get for IL in dollars and
cents we will take 1t away It is no punishment
to disfranchise a man while ne is in prison. fol
he has no desire to vote. and is under tn.
same restriction that every other convict il
under. IL seems almost a mockery to say that A
man shall be disfranchised during the time he Is
in the penitentiary. II tends rather to degrade
than TO elevate the right Of suffrage. But dis.
franchise a man and not imprison him. deny
him the right of suffrage and yet let him 20
free, refuse him the right that his associates
have, let him stand around on election day and
see other people cast their votes. let him have
an opinion and yet not the right TO express II
at the ballot box, and he will soon realize tho
Will stand as an example to those inclined TO
follow in his footsteps. A vote will be valued
by such people as II never was before.
1T is a fundamental principle OF law +ba. :,
right given and secured by law can by law he
taken away and destroyed, provided that such
action does not conflict with the Constitution
The legislative department IS the State IT.
self, speaking through It's representatives. ana
whom 1t has placed its trust and imposed Is
confidence by giving him the right of suffrage
betrays the trust and confidence thus pesfowe.
by selling his vote. 1t will destroy and revok.
the right so given.
II think by this declaration the State has dc
clared vote selling 20 be an infamous Grim
and that this court would be going far out OF q.
line of duty to declare such a law unconStitr
ticnai. IL IL is so declared / shall let the 81
preme power Of the State SO declare a. TIE
When Judge West concluded Mr.. Dwiggins
asked to save an exception and stated that The
men who had pleaded guilty had decided 10
withdraw that plea and stand trial.