The citizen. (Frederick City, Md.) 1895-1923, 1901-03-15


simple requirement that all cleo
tions shall be by ballot left the
Legislature free and uncontrolled
to prescribe every detail, which,
III its Judgment, might be wise
or desirable as to the structure
and contents of the ballot and
the mode of voting it. If this
were not so the present Austria
liam ballot law could not be up.
held. 1t is purely because the
Constitution has not prohibited
its adoption that its adoption was
constitutional. If the Legislature
was thus deliberately and pur-
poSely left free to prescribe what
it deemed best as to the kind of
ballot, then it was left free to de
clare that the ballot should be
printed without emblems or other
signs and in the way it is proposed
to print it, and if as a conse.
quence of its being printed i'll the
way it is proposed to print it
some persons may not vote intel
ligently then the fault If fault
there be- is with and in the Con-
stitution III this, that it has left
to the Legislature, without re-
Striction, the power to produce
and bring about that precise re-
suit by lawfully adopting such a
ballot. Unless it can be said the
declaration that "all elections
shall be by ballot" is tantamount
to providing that the Legislature
has 10 power to prescribe the form
of the ballot, it cannot be denied
that in prescribing the form it has
the right to adopt the form now
proposed, Notwithstanding the
adoption of it may impede some
persons in voting who anteceding
it did vote.
If the constitutional provision
read 'All elections shall be by
ballot and the Legislature shall
have full power to adopt such form
of ballot as it may see fit" the
power of the Legislature would
be no greater than it is today, be-
cause that identical power is now
possessed by the Legislature by
reason of its exercise not having
been prohibited.
QUALIFICATIONS OF VOTERS.
Section l of Article l of the
Constitution goes on to say what
the qualifications of voters are,
and declares that the persons pos
SesSing those qualifications shall
be entitled to vote. But how en-
titled to vote? Entitled to vote
by ballot Therefore entitled to
vote by the ballot prescribed by
the Legislature; but not entitled
to be aided in voting it. The
proposed law adds no qualification
to those fixed by the Constitution
or not involved in those actually
prescribed. The Legislature could
not do this. 1t could not, for in
stance, say a man must be %
years of age or must be a resident
for two years. Every person pos
sesSing the qualifications pre-
Scribed and involved in those
which are prescribed will still be
entitled to vote: but lie must vote
the ballot which the Legislature
in the legitimate exercise of its
undoubted power may adopt; and
he must vote it in the way the
Legislature directs that it shall be
voted. If he cannot do that there
is no constitutional provision
permitting him to be aided in
doing it. If the Legislature has
the power to prescribe the kind
Of ballot-and it has-then that
is the ballot, and the only ballot.
which the citizen is entitled to
vote: and if he cannot, by reason
OF llliteracy, vote that ballot in
telligently that fact does not de.
prive the Legislature of its unre-
stricted power to adopt and pre-
scribe that ballot as the only
official ballot.
The fallacy running all through
the arguments against the meas
ure lies in confusing and con
founding the right to vote with
the exercise of the right, and also