The age-herald., 1902-04-28
Constitutional Convention Left
 Matter to Next Legislature
JURY NOT TAKEN SERIOUSLY
Lawyers Say the Present Law Is Good Enough if Enforced-ls a Mat ter of Public Sen
 timent.

The report of the grand jury criticising the election laws as formula or re- ! cipe under which elections may be held with no penalties whatever to punish of- fcers of elections if they, in their dis cretion, see fit to change the formula is not taken seriously by lawyers. Sev- eral, in discussing the matter yesterday, took the position that there was law l enough on the statute books to enforce honest elections if the people wanted them.
 "The whole matter" said one. 'is a matter of public sentiment. If the peo- pie wish law enforced 1t will be en- forced, and on the contrary where public sentiment overlooks the non-enforcement of a certain law that law Is pretty sure to be dead letter.
 q am rather glad to see the grand jury taking up the matter, however, Tor It indicates healthy condition of public sentiment on this question. I think sem timent all over the state has greatly im- proved in regard to having honest elec- l tons. That was what we had con- stitutional convention for. Under the new constitution the question of provid- l ing penalties for the violation Of honest | elections was left to the next Legisla- | ture which will enact a general law on this subject. Therefore any criticism on l the present election law is upon sub ject matter which will soon be dead letter in law even if 1t should be such now in fact.
 Good Enough if Enforced.
 "As I said, the laws are good enough if they are enforced, and it seems to be that | 1t is peculiarly the duty of the grand jury to find indictments if there is so much l fraud going on in elections. This, Judge Dan Greene, in his charge to the grand jury told them it was their duty. Yet the grand jury frankly states in it's re- port that we feel it incumbent upon us | to state that we have made no effort to investigate these charges (of frauds in elections) notwithstanding the many ru- mors in connection with the first cleo tion held in this state
 'The grand Jury makes the following statement as to what the managers of elections may do with impunity "'First, they may increase the vote; | second, they may refuse to sign election | returns; third, they may refuse to count | the vote; fourth, they may destroy the of- fcial ballots fifth, they may accept bribes; sixth, they may have deputies around the polls who may intimidate the | voters; seventh, the markers may fill out | tickets to suit themselves; eighth, the majority of inspectors may refuse the minority a clerk; ninth, they may carry the election to suit themselves regardless | of ballots or electors. Any fraud con- nected with state, county or municipal election in Alabama may be practiced by said officials with impunity.
 Do Not Permit Such Things. "A casual reading of the foregoing statement" continued the lawyer, shows | that the election laws do not permit such things, but that if they are done at all | it is because the grand jurors In the | state do not punish such fragrant cases. Whether the laws fail to contain specific penalties they provide that the inspec- | tors, clerks and markers shall take an | oath to perform their duties. The general law would be sufficient to have them im- peached for not performing their duties | properly, even If there are no specific penalties provided"
 Section 1588 provides that the judge of probate, sheriff, clerk of Circuit Court or any two of them must at least 30 days before the holding of any election appoint three inspectors for each place of voting Section 1591 makes 1t the duty of in- spectors to meet at the place of holding
 
 they fail to do so. Are Put Under Oath.
 Section 1894 provides for the appoint ment of workers by the inspectors but 1t provides no penalty for falling to do so, except that inspectors, clerks and markers are required to take an oath to perform their duties at the election ac- cording to law and should they violate this oath 1t is probable they could be punished for false swearing. Section 1906 makes it the duty of the probate judge to purchase and have print | ed the ballots for elections, and section | 1914 makes it the duty of the clerk of the Circuit Court to do this in the event | the probate judge fails to do his duty. Section 1637 makes 1t the duty of the | inspectors of elections immediately on the | closing of the polls, to count the votes l boiled. There is no penalty prescribed | for failure to do this.
 | Sections 1889 and 1640 make 1t the duty of the inspectors to certify & poll list and make a statement of the votes and to table and roll up ballots. The ballots are to be kept for sixty days but the state ment of votes and the poll cast must be i'm mediately delivered to the returning of- fcer of the precinct.
 Section 1645 makes 1t the duty of the board of supervisors to declare the re- suit of an election within ten days af- ter ascertaining it, but provides no penal ty for failure to do so. -.......t
 
 DEATLC ANDE ET MED AIC