The St. Louis Republic., 1902-08-09
ASSAULT ON
THE STATE JUDICIARY.

Circuit Judge before whom the cases were
, brought in the St Louis Circuit Court is
sued an order to the Board of Election
Commissioners: in which. instead of keep
ing within the limits of the ''safeguaris
and regulations prescribed by law" as above
quoted from the statutes of the State. dS-
sumed to he " law unto itself" and ignO--
ing the limitations of the statute laying
down specific safeguards and regulations,
swept away these statutory provisions. and
if hurliEg an imperial ukase. prescribed
arbitrary and extra-leSal conditions. not
only far beyond the limits of the law. out
in patent violation of statute and consti-
tuition alike. This order of Judge Spencer's
10 the Board of Election Commissioners re-
cited: Now, therefore. these presents are
TO command you. to proceed to open, ex-
anime. count. and compare with the list
of voters in your office. all the ballots that
were cast at the general election afore-
said for the said office; and that you certify
to this court, under your hand and seal,
the result OF such count. comparison and
examination of the said ballots so far as
the same relate to the office aforesaid; and
Chere follow a number of directions not
contemplated by the statute. and which
clothe the Election Board with judicial
powers shall permit them and each
of them. as they may request. to fully ex-
anime said ballots and voting lists and to
tifrate which you shall file stating your
proceedings under this writ you shall al
so return to this court under your hands and
official seal all the facts which either of
the parties to the aforesaid election con-
test may desire and request to have re-
turned. and which may appear from said
ballots. and the examination and COM
Darison thereof"
Note for a moment the scope and effect of
this order. The statute governing eie-tion
contests and prescribing, under the COnsti-
tuition. the Safeguards and regulations
for this solemn process enacts that the par
ties T1ay fully examine the ballots and
directs the officials to make return of all
facts which either party may desire which
may appear from the ballots" The parties
are entitled to make public record of all
that appears on the ballots. and on the bal
lots alone But Judge Spclcer's sweeping
order commanded the board to make return
OF all that might appear from said hal
lots. and the eXamina ton and comparison
thereof" with the voting Fists. OF course
tine Supreme Court prohibited such an or
der. entirely outside of and beyond the law
and the purpose Of the law. To recount and
examine the ballots would amply show IL
they had been legally cast and honestly
counted for the parties for whom they were
cast; that would determine the legality of
tire election. But this judicial ukase COM
manded the board to return and make per.
pctuai public court record all facts appearing
from the ballots and the comparison of the
s=ame with the voting lists. The Constitu-
ti0n provides. in the section quoted. every
ballot voted shall be numbered i'm the order
in which it shall be received and the num-
ber recorded by the election officers on the
list OF voters. opposite the name Of the voter
VINO presents the ballot To permit Judge
Spencer's order. and make public record of
the result OF the comparison of the ballots
with the voting lists. would disclose the
ballot Of every voter by name and how and
for whom he voted; would make this pub
lie court record open to the world and tho
sacred secrecy Of the ballot declared nv
every authority to be absolutely necessary
for the preservaIiJn of our free Institu-
tions.' would be IL myth and a mockery
The vote of every voter being public record.
every voter would be at the mercy of ever
lasting prescription for having. pefchance
voted in opposition to some political boss.
To make the ballot free and the voter inde-
pendent is the prime purpose of the Austria
iian ballot system. embodied in the Consti-
tuition and laws of Missouri. Judge Spen-
GERS order. permitting ard commanding this
violation OF the secrecy of the ballot. was
therefore. Illegal and unconstitutional: and
this the Supreme Court simply declared.
Intended Violation of the Ballot.
This illegal purpose was body admitted
publican contestants; for they said that
under the law, they can discover from the
ballots all the facts apparent thereon.
among others the voting number Of the
person who cast the ballot; and then, by
comparing this with the voting lists and
putting the two together, they will be able
TO tell how every elector voted, II was
this fragrant outrage of the ballot, which
they unbIushingly avowed they intended to
perpetrate IL possible, that the Supreme
Court, the ultimate guardian OF the Con-
stitution. righteously forbade. And IL Is
this righteous decision, so thwarting of this
nefarious purpose, that the Republican
platform and the Republican organs Of dis
cord denounce in their unhoiy attack on the
virtue and integrity and honor OF our ju-
dietary.
The Globe. In this screed. further says.
THE Supreme Court nailei up the ballot
boxes" and ''as the highest court IN this
State barred the way, the attempted con-
test was necessarily abandoned This Is
again A vicious inSinUat.on of dishonesty,
and is itself dishonest and false. The al
legation is that the contests had to be
abandoned because Of the ruling of the
court. This is untrue. The court simply
prohibited the execution of the particular
order, with the Illegal features. made by
Judge Spencer. The Judges order could
have been amended by cutting out these
Illegal elements, and the contests could
have been efficiently prosecuted in every
legal way. Judge Spencer's order itself ex-
pressly reserved the right to amend. alter