The comet. (Johnson City, Tenn.) 1884-1916, 1910-11-24
FREE AND UNTRAMMELED
LAW.

| 1INAAG FA4NO yin ENfA1N11NAELGG
LAW.
The proverb says that whatever has
before must also have behind. If g
"free and untrammeled judiciary
and the enforcement of "free and un.
trammeled law handed down by
"free and untrammeled judges was a
good thing heretofore, it ought also to
be good thing now. If the letter and
the spirit of the law demanded enforce
ment then, who shall complain of its
enforcement now? The Indian exhib-
tied his sincerity and good faith by
first taking dose of his own medicine,
and the depth of sincerity and the
quality of mans patriotism is the
application of the same-law to those
who demand its enforcement against
others.
In 1907 Judge Neil, for the supreme
court of Tennessee, in the case of Cross
VS.. Keathley, 119 Tennessee Reports,
pages 567 to $50, set forth the require
ments of the law as to ballots, and
then gave sample of how it should
be enforced, free and untrammeled. II
was a contest case over the Office of
register for Scott county. The facts
stated in the opinion show Cross re-
ceived a majority of the votes cast, but
that the election commissioners refused
to count several votes because the bal
lots had on them before the names of
the different offices the word "for,"
and because many had under the name
of the office of justice of the peace the
words "vote for two, nand the words
"vote for three" under the name of
the office OF school director. In addi-
ton to this, many ballots had broken
and solid lines across the face of the
ballot partitioning off the space allot-
ted to the different offices. Some five
hundred ballots appear to have been
involved for these different reasons. 1t
was admitted that Cross had received
a majority of the ballots as cast, but
the supreme court in applying and en-
forcing the law knocked Cross out, and
in doing so gave the following reasons:
"It is manifest from the stringent
provisions concerning the length and
width of the ballot, and the careful
and exact language of the amendment
in respect thereto, that it was the pur-
pose of the Legislature that the provis-
ions of the act should be obeyed with
exactness. This purpose is likewise
shown in the sections providing for
responsibility.
at was the clear purpose Of the leg
stature that the ballots should be of |
specified length-no longer and no
wider than prescribed-except little
play allowed for the shrinkage of the
paper after drying, as shown in the
1t was its purpose that
hese ballots should be on plain, white
paper, and that they should have
nothing on them except the name of
he office to he filled and the name or
lanes of the candidates voted for.
The rules thus laid down in the statute
ire clear and explicit, and may be
.asily complied with. They can be
Understood by voters of all degrees of
no speculation is needed;
10 fine spun distinctions; no subtle
If we depart from this
lain path, and digress into controver-
les whether from this or that extra
eous feature appearing in the ballots
he intention of the voter can be gath
red, or whether from this or that
xtraneous matter renders the intention
the voter uncertain, as some of the
ecisions do, we at once render I'M
ertain that which was clear, definite
nd precise, and lay the ground for
ndless controversies.
awe are OF the opinion that the pol
" underlying our statute can be best
erved by adhering as nearly as pos
BILE to literal construction.
- 49, ..'...''
/" We think it clear that the broken
t dotted lines and the solid black lines
,ferred to in these assignments were
Iarks of kind which render these
allots void under the act of 1891. We
re also of the opinion that the words
,ote for two,' and the words vote Tor
lree,' appearing upon the ballots
entioned in the third assignment,
ere such signs, marks, or insignia as
5ewise rendered those ballots void.
" We are likewise of the opinion that
lie use of the word 'for in the man.
n stated in the second and third as
gnments rendered all the ballots re-
rred to in those assignments assign
ents void.