The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-20
Question of the Constitutionality Of
Such q Law Raised by Sem
ator Thompson.
DEFINITION OF WORD BALLOT
WHAT PROMINENT LAWYERS SAY
ON THE SUBJECT.
Is the Use of Voting Machines Also
Barred by United States COnstitu-
tiOn:-Legislative Gossip.

A question as to the constitutionality Of
law providing for the use of voting ma
chimes in Indiana has been raised by Sem
ator Charles N. Thompson, of this city.
Yesterday Senator Thompson called the
attention of representative of the Journal
to Article, 2, Section Is of the Constitution
of Indiana, which reads
"All elections by the people shall be by
ballot: and all elections by the General
Assembly, or by either branch thereof,
shall be viva voce."
Rapalje & Lawrence's law dictionary
gives the following definition of the word
ballot:
"Ballot-A written or printed slip of
paper containing the names of the candi.
dates and of the offices for which they are
respectively nominated, deposited by the
voter in box called the ballot box at
a public election, to signify his choice as
between the rival candidates"
"It has occurred to me-" said Senator
Thompson, that it is an important ques-
ton whether voting by machines is con-
stitutional in Indiana. The Constitution
very clearly stipulates that all elections
by the people shall be by ballot; now the
question arises. is voting by ma
chimes voting by ballot? According
to the law dictionary. it evidently is not
word ballot, as used in the Constitution,
and on this point the Supreme Court has
never passed.
1.-The only case that / have been able to
find that is in any way parallel is that of
williams VS.. Stine, IS Ind, Page 50. In
the decision in this case it is brought out
that the essential point in the ballot is
that it shall be absolutely secret Of
course the first virtue claimed for voting
machines is that they preserve absolutely
far as that point is concerned, there may
be no question as to the constitutionality
of voting by machines However, 1 be-
lieye that the question may be raised under
the section of the Constitution to which
/ have alluded.
NOT OPPOSED TO MACHINES.
'Do not understand that / am raising
this question in opposition to the adoption
of machines. On the contrary. 1 am heart
lily in favor of them and / want to see them
adopted, at least in Marion county. / am
only anxious that the question be settled
before laws are passed this winter and one
or more of the counties proceed TO pur-
chase machines. If bonds are issued to
buy machines. or an election is held with
them before the point has been passed upon
by the Supreme Court. all sorts Of compli-
cations may arise. / think that a way
can be devised to have the question settled
| once and for all time. and that is my sole
| object in starting the controversy, IL II
| may be called a controversy.
II have spoken to one or two attorneys
| in regard 10 the matter and they agree
with me that serious question Is involved
I hope TO see the matter settled so that
machines may be adopted without a con-
stitutional amendment. but IL the latter
| course is necessary the necessary steps
| should be taken at once
County Attorney Martin Hugg last even
ing refused TO express an opinion on the
| constitutionality of the voting machine
| law. He said that he might be called on
| at any time by the County Commissioners
| to render an opinion this question and
| he preferred not to anticipate the action
\ Of the board
Another point that was raised last even