The St. Louis Republic., 1902-08-09

To the Editor Of The RepubIic.
st. Louis, Aug. 9.-In an editorial screet
in the Globe-Democrat under the caption
THE Vote of St. Louis that journal
gives voice to a bitter partisan attack OF
the integrity of the Supreme Court OF
Missouri. Speaking of the decisions OF
that court in the recent contested cleo
ton cases" over the city offices. in which
the extra-iudicial orders of Judge Spencer
Were prohibited by the Supreme Court. the
Globe makes this yenOmous tnrust at the
honor of the court: But the Democratic
managers did not share the desire to find
out exactly what was in the ballot boxes.
They knew only too well. and dared not
allow them to be opened. BY methods
frequently practiced by the ring. the State
Supreme Court was brought into line to
meet the party emergency. and decided
that. though the Constitution provides for
election contests. the secrecy OF the ballot
Is the highest consideration. No matter
how much fraud there is in the boxes.
the court holds that under present LEGAL
conditions in Missouri the secrecy of the
ballot is paramount"
This is but remouthinS the same attack
made in the late Republican State platform
against the court; and is perfectly in keep
ing with the chronic attacks of that
journal on the honor and fair name of
the State of Missouri and all its institu-
tions, which by the will of the people are
Democratic But this fragrant attack on
the integrity of the highest court in the
State charging II directly with prostituting
itself at the behest of political ring
by giving dishonest legal decisions to
meet a party emergency. is brutal
and outrageous. and wilfully intended
to undermine and dscredit the one
sheet anchor of free institutions, an honest
and impartial judiciary.
II the charge were true. to be sure II
should be made and urged to the limit OF
impeachment of the guilty judges But it
is so palpably false. so blundcringly disin-
genuous. so evidently intended to deceive.
80 desperately mendacious. that the lie
should be nailed once for all "by the
book" And to do this only needs to read
the provisions of the Constitution and the
statutes covering the matter. and the
very able and judicious unanimous opinion
of the court in banc. delivered by Judge
Marshall, applying the law to the facts OF
these contested election cases.
1t is duty which every lawyer owes. and
which / gladly assume. of defending the
high honor of our judiciary ny pointing out
the gross and malisn Misrepresentation OF
the court in this uHholy attack upon the
integrity Of its decisions. 4 brief eXposi-
ton of the law and resume Of the election
cases decision will vindicate the court and
disgrace its caiumniators.
The Constitution of Missouri, it is true.
in its article viii, section 3. does provide for
election contests" at the same time guard
ing the cardinal principle OF secrecy OF the
ballot. as follows: The election officers
shall be sworn or affirmed not to disclose
how any voter shall have voted, unless re-
quired to do so as a witness in judicial
~ cceeding: provided, that IN all cases cf
contested elections the ballots may be count
ed compared with the lis. of voters, and
examined. under such safeguards and resu-
lations as may be prescribed by law." Here
we have first declared the cardinal virtue OF
voting by ballot its invioiabIe secrecy: a
principle so fundamental and essential that
1t is declared by the great Judge Cooley, in
his Constitutional Limitations and by ev-
cry writer on the law of elections, and by
all the adjudged cases. thai this is not
only privilege of the voter, but Is abso-
luteIy necessary for the preservation OF our
free Institutions This great cornerstone of
free Government then must not be reck-
Iessly undermined BY the unrestrained at
tacks of any defeated political party; it may
only, in the interests Of honesty and justice.
and in a regularly Instituted election con-
test case in a competent court, be judicially
trenched upon under such safeguards and
regulations as may be prescribed by law
Following the latter dispensation OF the
Constitution. the law essayed to establish
lHeSe SdItBudTuS ana regulations DE
statutes many years the statute book
of Missouri. and found now in the revision
of 1888 in sections 7c4i to T0i3. which is
the existing law of election contests. These
provide for the Issuance of a writ out of
the court before which the contest is pen1-
Ing, to the officer having legal custody of
the ballots and election returns. command
ing MIN to open. count. compare With the
list of voters. and examine the ballots in
his office, which were cast at the election
in contest and to certify the result Of such
count. comparison and examination, so za-
as relates to the Office In contest, 10 the
body of court from which the writ IS is-
sued" Other provisions relate to notice
to the .arties and their attorneys, of al
lowing them to be present at the examina-
ton for their being sworn rot 20 dis
Close any fact discovered from such ballots >
(aeain safeguarding the virtue CT the bal
lot, its secrecy; and providing that the Of
ficer conducting the examination shall
make return to the writ. under his hand and
official seal, ''of all the facts which either
OF the said parties may desire. which may
appear from the ballots. affecting or reiat-
ing to the election for the office In con-
test"
Facts of Election Cases.
This is the law. Now what are the facts?
The Republican candidates In the late mu-
n;cipal elections. making a great outcry Of
fraud In the election. by virtue Of which
they were defeated, brought election con-
tests Qn their sweeping charges of fraud
attacking even the balIotst cast by them
selves - frsudules-a. The Republican