Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1906-03-15

| Judge Wheeler OF the United state.
Court violated the Vermont secret ballot
| law by emitting to enter the booth, mark
| ing his ballot on the railing which
separates the voting booths from the
| main part OF the hall. Now what is prope,
| for Judge Wheeler is proper for tn,
humblest resident of Burlington or OF any
other city or town. Judge Wheeler had h /.
reasons for refusing TO comply with the
law. and it is safe to say that they
appeared TO him good reasons. There was
no suggestion OF corruption about them
We will suppose however. that John
Doe wished to sell his vote and without
allowing anybody to know his reason
should mark his ballot exactly as Judge
Wheeler marked his ballot, and a rep.
rcscntatiye of the purchaser should stand
whore he could sec how the marking was
done. Would he not be able to plead a
right equal to that of Judge Wheeler, on
the face OF things and while We might
be satisfied regarding the mans real mo-
tive could we consistently prosecute one
without prosecuting the other?
This is the position in which Judge
Wheeler. n federal judge, has put the
authorities of Vermont.
That there is a somewhat general feel
ing in relation to this matter is Indicated
by the comment Of the press. Tho St. Al
bans Messenger speaks OF The matter
editorially as follows:
Judge fIoyt II. Wheeler may be JUS
tilted in his Interpretation OF the rights
tralian ballot law, but it is open to ques-
ton whether he is setting a very good
example by publicly and altogether need
lessly dcfying the plain letter of the
statute before the right he claims has
been adjudcatcd by the courts. There is
also a very natural curiosity 10 know just
what right of citizenship the judge seeks
to defend and preserve by sticking out
year after year as he does that he will
not mark his ballot in a booth. Nobody
else appears to consider that his rights
are being infrlnged by the enforced
secrecy OF the ballot and it would be
impossible to repeal the law to-day or to
get even a. corporal's guard of vote
against it,"
The Burlington News commented as
follows:
The Hon. Iloyt II. Wheeler OF Brat
tleboro is man of set purpose and in
dependent mind. lie does not believe in
the secret ballot of this state, known as
the Australian ballot, and makes it u
point at each election TO mark his ballot
in public rather than in the booth secret
ly. We rather admire Judge Wheelcrs
courage and Independence, but we can
not say so much for his Judgment. The
law provides for a secret ballot and di-
W" think that all good citizens. no mat
ter what they think Of secret ballots
and private booths, should obey the law
because it is the law. This should be
done especially by men OF Judge Wheeler's
character and holding Judge Wheeler's
position as Interpreter OF laws.
"rhe ballot law may he unconstitutional,
but We have not heard of any suggestion
10 that effect. Even If it were all GOOD
citizens should obey it til It is repealed.
The secret ballot is rightly considered
as one of the bulwarks of our system
If popular government. When it has been
'ast out democratic institutions Will be in
hanger.
The example set 10y Judge Wheeler IN |
iefylng provisions which he does not like |
n Il law, is not a healthy one The de- |,
herato breaking even of the smallcs,
provision of law by an exalted Judge of
one OF the federal courts is an example !
20 young people that may easily grow |
nto defiance of other laws and seriously |
affect their lives. Much as we admire |
Judge Wheeler as a man. and his indie
as citizen. we cannot think !
hat his example in this respect is such !
as can be admired or commended
1t will he noted that all this IS said |
nore in sorrow than in anger.