Evening journal., 1902-09-05
STRONG PROTEST.
BY DEMOCRATS
Claim the Voters Assistant
Law Is Unconstitutional
LOOKS LIKE MERRY WAR
State Committee Asks Governor Hum
10 Consult The Judges
and chaneelI0r
LOOKS LIKE MERRY WAR

The Democratic State Committee isl
making violent objection to the voters
assistants, and claims that the actpass-
ed by the General Assembly empower
ing the Governor to appoint these as
slstants is unconstitutional. The pro-
test is as follows;
September 4, 1902
His Excellency. John Hum, Governor
of Delaware.
Sir: There is imposed upon you, inl
making a decision as 10 the final course
which you must soon adopt possibly
greater responsibility than ever restedl
upon any former executive OF this
State. and it is for the purpose Of di-
Erecting your attention to most im-
lportant matter, which must soon claim
your attention. that this letter is ad-
dressed to you.
The people OF Delaware have honor
ed you by electing you its first COVER
Inor under our existing Constitution
and when you assumed the duties OF
that office you took this solemn oath:
"I will support the Constitution Of the
UNITED States and the Constitution OF
the state of Delaware and will faith
fully discharge the duties OF the office
of governor according to the best Of
my ability" delaware Constitution,
Article XIV).
Among the duties prescribed for the
occupant Of your Office by the Constl-
tuition is HE shall take care that the
laws be faithfully executed" Article
? III. Section I'D.
One OF our statutes (Vol. 20, page
loS1 contains The following enact.
ment:
'No person shall hereafter be ap-
pointed as or act and serve in the ca
pacity of voters assistant at any gem
a eral or special election to be held In
this State"
!, You are too conversant with public
matters in this State to be ignorant OF
the reason for enacting this law in
May Of 1897. Before that time
voters assistants had been appointed
Z from each political party at elections
and though severe penalties were pro
vided II they disclosed how any voter
= had marked his ballot, such penalties
D had not prevented those officials from
l, becoming the active instruments OF
g corruption at elections. II is history
l. that to prevent bribery OF the voters at
y elections that act OF May 1897, was
a passed abolishing voters assistants.
AT the last session OF the Legislature
n an act wos passed authorizing you tC
= appoint voters assistants, who should
i be stationed in the room where the
+ election is to be held, and when re-
r uuested by any voter assist him to
l. mark. alter, change or fold his ballot
v in the presence OF the other assistant
sIAll penalties to punish voters assist
> ant for disclosing how man hae
l. voted were omitted with manifest cor
4 rupt purpose and intent from this ac
4 OF 1901. In phraseology and words th'
act Is, in some respects, meaningless
- and incapable OF sensible construction
:. This act, suggest to your Excellency
= on behalf OF a large majority OF th'
= lcitizens Of this State who know anG
I, appreciate its corrupt purpose, is un
: constitutional and void.
I. Why?
u The Constitution Of the State, whiel
j. you are sworn to support CArtiole Y
s. Section ID. only gives TO the Genera
d Assembly Of the State the power b
It ''by law prescribe the means method
10 and instruments Of voting so as bes
er to secure secrecy and independence o
TO the voter, preserve the freedom ant
rs purity Of elections and prevent fraud
le corruption and intimidation thereat
Of For these purposes only is the Gen
ID eral Assembly authorized to enact ap
10 propriate legislation. You surely hav
b. no doubt as to the intention Of the ac
L. of 1901 It's corrupt intent is too mani
r fest upon its face to have more thai
)r one construction placed upon II. You
IS own Secretary OF State has declared L
a writer in the Outlook Of February 2.
1902, that all persons who vote tn
Union Republican ticket will take tn
voters assistants into the booth wit
them, and that he himself will do It a
m matter OF party discipline.
II The most bitter enemy of your Secr6
tary OF State would never make th
absurd suggestion that he lacks suff
T. cient intelligence to mark his halle
40 correctly.
n What is the meaning Of this? ca
as there be any other meaning than this
g. the secrecy OF the ballot. notwithstand
y. ing the provisions OF the Constituho
you are sworn to support. is TO be do
by stroyed. and that the purity Of the ba
es lot is to be assailed through official
Ir. whom you are 10 be asked TO appoin
be who stand with list and pencil checl
lis ing of the names Of those purchasabl
o. voters who have been bought, to r'
te. port the delivery Of their votes in az
'st cordance with the contract OF pun
n chase? You cannot read the Constitt
ot tion of your State without havln
he forced upon you the necessary conclt
so sion that its most important and II
so most stringent provisions are those "a
re securing pure elections. and preventin
TO bribery and corruption. VIII ryo'
cd Your Excellency. fulfill the duties
ks your high Office, as under oath yo