The Taney County republican. (Forsyth, Mo.) 1895-1992, 1911-12-28
Ballot Boxes Must Not SeCretG Fraud.

The Supreme Court presented TIE
honest voters Of Missouri substantial
Christmas gift last Wednesday in the
form Of decision that ballot boxes and
poll books must give up whatever evil
kence they may contain to prove fraud
lent and illegal voting. For years past
under Democratic authority the courts
have been denied access TO ballot box
es for comparing ballots ballots with
poll books to determine charges Of
fraud in connection with specified bal
lots cast and counted. Ballot boxes
have hidden away proofs Of fraud and
made honest elections almost i'm
possible. The secrecy Of the ballot
has been made paramount to its hon
esty.
This condition was brought about by
an opinion Of the Supreme court rem
dered ten years ago in the now cele-
brated Funkhouser case, tried before
Hon. Selden P. Spencer, then a judge
OF the Circuit Court OF St. Louis. 1t
became necessary to compare certain
ballots with the poll books to deter
mine the issues in that case. Judge
Spencer ordered the Board Of Election
Commissioners (Democrats) to pro-
duce in his court the poll books and
ballot boxes. The order was refused
and reached the Supreme Court, then
composed OF six Democrats and one
Republican. Judge Wm. c. Marshall
(of St. Louis) Democrat, wrote the
decision Of the court, sustaining the
Election Commissioners and prohibit
ing Judge Spencer from enforcing his
order. In the decision it was held that
the books and ballots could not be ex-
amined to disclose how any voters cast
his ballot. That decision effectively
closed the poll books and ballots to the
courts and made it impossible to sue
cesslully contest elections in St. Louis.
When Judge Culver Special Com
missioner Of the Supreme Court, ap-
pointed 10 take testimony in the pend
ing contest cases Of CAN'T, Timmonds
and Gass, Democrats against Brown
Kennish and Evans, Republicans, was
asked by Judge Marshall, attorney for
the Democratic contestants tc order
the production Of the poll books and
ballots OF the election Of 1910 in St.
Louis that he might prove from them
how about 5000 natulalized citizens
had voted, the commissioner refused
the request, being governed by the
Marshall decision in the Funkhouser
case. Marshall went TO the Supreme
court with the matter. That was in
September. Last Wednesday Judge
Graves (Democrat) Of that court hand,
ed down an opinion concuued in by
Woodson, Democrat, and by Ferris and
Lamm Republican in which the Mar
shall-Funkhouser decision is en-
phaticaly repudiated and the doctrine
proclaimed that courts may 90 into
ballot boxes and poll books TO seek
evidence bearing upon any charge oil
fraud made in good faith. The COM
missioner was authorized 10 hunt for
evidence OF liaud wherever he can find
it. Thus Judge Marshall has despoiled
the protection which his own opinion
threw around fraudulent ballots and
Judge Spencer has been vindicated in
the position he took in the Funkhouser
case a position always held by Re-
publicans who have steadfastly main
tanned that the honesty Of the ballot is
paramount 10 its secrecy, and that the
poll books and b lot boxes are not to
be sealed against any honest effort tc
discover suspected fraud in election
This late decision is regarded as ;
great victory for Republicans, therefore
as it establishes principle Or propcsit
ion lor which they have always con
tended.
The decision opens wide the door
and may lead to the examination Q
thousands Of ballots and Of multitud
OF witness. It was to determine 70
whom several thousand foreign bor
citizens voted that Marshall asked 70