Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-09-11
Chairman Salisbury Of the Democratic
State Committee Places the Matter
Squarely Before Gov. Hum.
QUESTION RAISED THAT The
LAW is UNCONSTITUTIONAL
The Governor is Asked to SUBJ
nit the Issue to the Judges
49,. of the Courts.
a MOVE FOR THE PURITY OF ELECTION

Willard. Salisbury, chairman of the
Democratic State Central Committee,
has sent to Gov. Hum letter in rela-
tion to voters assistants at the cleo
tion, of which the following is copy:
His Excellency, John HUM, Gov
ernor of Delaware-Sir: There is I'M
posed upon you. in making a decision
IS to the final course which you must
soon adopt, possibly greater RESPONSE
\ bility than ever rested upon any former
executive of this State and it is for
4 the purpose Of directing your attention
PI to most important matter, which
must soon claim your attention, that
this letter is addressed to you.
The people of Delaware have honored
you by electing you it's first governor
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
faithfully discharge the duties of the
Office of governor according to the best
Of my ability" delaware Constitu-
tion, article IA.
Among the duties prescribed for the
occupant of your office by the Consti-
tuition is. 'He shall take care that the
laws be faithfully executed" (Article
3, section l.
One of our statutes VOL Xxx, page
I a03) contains the following enactment
No person shall hereafter be ap-
pointed as, or act and serve in the
capacity of voters assistant at any
z general or special election to be hello
z in this State. .
You are too oonversant with public
d.. =. L =. - l. L - -
the reason for enacting this law in MAY
of 1897. Before that time voters as
sistants had been appointed from eaot
political party at elections, and though
severe penalties were provided il the,
disclosed how any voter had marked
4 his ballot, such penalties had not pre-
vented those officials. from becoming
the a,tive Instruments of corruption a
elections, Il is history that to prevon
Z. bribery OF the voters at elections, tn
] act of May, 1897, was passed abolish
ing voters assistants.
At the last session of the Legislator
an act was passed authorizing you t
appoint voters assistants, who shoult
IN be stationed in the room where th
election is to be held, and when re
quested by any voter, assist him t
mark, alter, change or fold his ballot
II in the presence of the other assistant
All penalties to punish voters assist
ant for disclosing how man had vote
were omitted with manifest oorrut
purpose and intent from this act
1901. In phraseology and words th
act IS, in some respects, meaningless
and incapable of sensible construction
This act, | suggest to your excellencj
on behalf of large majority of ii
citizens Of this State who know an
4 . appreciate it's corrupt purpose, is vi
cd2stintional and void. Why?
The Constitution of the State, whic
N you are sworn to support (article
section !, only gives to the Gener
Assembly of the State the power
4 X "by law prescribe the means, metho,
and instruments of voting so as be
to secure secrecy and independence
the voter, preserve the freedom al
purity of elections and prevent frau
y corruption and intimidation thereat.
& For these purposes only is the Ge
81 eral Assembly authorized to enact a
propriate legislation. You surely ha
no doubt as to the intention of the a
of 1901. Its corrupt intent is t
manifest upon its face to have mo
than one construction placed upon
Your own secretary of State has d
~ clared to writer in the Outlook
February 22d, 1902, that all perso
swho vote the Union Republican tick
n will take the voters assistants into t
Il booth with them, and that he hims,
"A will do it as matter of party dis
pline.
The most bitter enemy of your secl
tary of State would never make the a
surd suggestion that he lacks sufficie
intelligence to mark his ballot O.
reoSly
What is the meaning of this9 @
there be any other meaning than I'll
n the secrecy Of the ballot, notwithstar
ing the provision of the CONSTITUTE
you are sworn to support, is to be
stroyed, and that the purity of [
ballot is to be assailed through offici
( whom you are to be asked to appoii
n who stand with list and pencil che,
ing off the names of those purchase
X yeters who have been bought, to rep
y the delivery of their votes in acco
ance with the contract of purcha
You cannot read the Constitution
your State without having forced III
you the necessary conclusion that
most important and its most string
II provisions are those for securing p
elections, and preventing bribery
corruption. Will you, your excellen
fulfill the duties of your high office,
under oath you have promised to do
q ants you assist the nefarious scheme
\ polluting the ballot and corrupting
81 Wholesale the next general election
r this State, rendering it possible,
Y your aut of appointing tally Gle
D Y for corrupt men to know that ii
Il purchased votes have been delivered
II Ah,you say, 1T is not the duty of
# governor to decide or determine
constitutionality of acts of Assembl
l anticipate this objection. You
n the act stands upon the statute be
n and it is your executive duty to emf
the law. This is position, goverI
a which concede. You could not
Il sonably be expected, as governor
u perform duties of judicial chara
y and decide upon the constitutions
n of laws as they were written. Nei
n \ have our lawmakers overlooked
N fact that governor of this State m