Martinsburg statesman. [volume] (Martinsburg, W. Va.) 1869-1906, 1904-04-01

D1O1tlODS Ol BOtAA tCFCa'Sh "hH no. "a q
law, supported by the dictates Of a
pure cons cience. brings on political
corruption, spoison the very fountain
head OF civil authority, the ballot box
and ends in disrcspect to all law, fol-
lowed by lawlessness, fraud, rapine
murder and lynching by rope. fire or
torture.
| A broken moral law by whoever
done, however done and wherever
done, is certain to bring its retribu-
ton which may fall on the innocent
and pure, but for which the aggressor
must some day, somewhere and some
how, make full retribution. This is
essen which men are slow to learn
and unwilling to receive, although
the history of the past is but a record
OF one half of its profound truth, while
the other halt awaits the revelations
of eternity.
With my mistaken and fixed belief
the moral law, the su preme rule of
Almighty God, the final triumph of
perfect righteousness and the SUR
punishment of all iniquity, I could
not do otherwise than concur in sus-
tanning the expressed will Of the peo-
pie, bound as l sm by the oath of
office under which l hold my com
mission. A or oss and a crown Of
thorns, are far more to be preferred
than success achieved through the
broken laws of God.
While ! concur in the result, cam
not yield assent to the mandatory
character Of the statute rela ting to the
choice of the voting column, except
that when more th an one of the bal
lots ha We ROLLING on them to indicate
which one of them was not voted, and
which was then neither of them should
be counted for the reason that the
choice OF the voter as any Office, is
non -ascertainable. The only thing
that this holding has ever accom-.
pllshed IS TO permit the courts to
defeat the will OF the people as ex-
pressed at the ballot box in the cases
CT Morris VS., Wertz, 40 w. Va, PSI,
and Daniel vs.. Sims, 40 w. Va 500.
The present opinion saps the foun-
dation ,iom under such holding and
leaves it suspended on the mere die
tum OF the court.
The reason for the law having
ceased the law ceases with it.
Its continuance in operation can
have but one effect alone. and that Is
II may compel the election officers to
sometime defeat the will of the
people by rejecting ballots on which !
voters have plainly made their iLten-
tons appear, 1t accomplished no
other purpose in this case, except it
caused the rel ton of thirty -eig ht
ballots with the intention of the voter
so plainly written ON The face thereof
hat no one could be deceived thereby
twenty three OF these ballots were
or Bender and fifteen thereof for Doll
making a net loss Of eight to Bender
If Bender had lost four more or Doll
four less, or Bender two more and
Doll two less, the result of the election
would have been changed, unless the
eyes OF my worthy associates would
oave thereby bsen clearly opened to
.ae error of their holding. Judging
rom the past and present, and not
showing the future who could doubt
he result OF such a change?
Payne VS.. Stauuto., decided at this
term.
kirkpatrick VS.. Deegans, So w
Va, 275,
Morris VS. Wertz ~ w. Va. PSI,
Daniel vs.. Sims, 40 w. Va, 254.
Dent VS.. CONS, AS w Va, $50.
Curry VS. Means, not reported
Hobo vs.. County Court, 49 w, Va.
753.
Snodgrass vs.. CouAty Court, A w.
Va, Sc
Doll We Bender
Such conclusion is cIlnched by the
fact that the opinion of the Court
most solemny declares that I'VE
must not use the Australian Ballot to
defeat plain intent and sacred
right Of suffrage
Duulevy VS. Couaty Court AZ w.
Va, 5I3.
In this last sentiment I heartily
concur Let all the people thereunto
say Amen.