The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1911-12-28
Ballot Boxes May be
Opened to Prove Crime.


Opened to Prove Crime.
Sweeping aside what doomed here
tofore as insurmountable barriers
to fastening election frauds upon
those guilty Of the crime, the SUI
prone Court Of Missouri IN banc on
the Dist decided. rs has been unrc-
mittingly urged by The Republic in
what now develops as IA winning
fight for honest elections, that tn"
secrecy of the ballot il only on II
par with its sancity.
Ballot boxes, rs "A result Of the de-
cisiou, may be opened for the pur- !
pose of proving this class Of crime. !
The opinion was handed down In |
the contests waged by Democrats !
against Republicans for two Judge
ships on the Supreme bench and the
office Of State superintendent of
Public Schools by Judges James Il.
CAN'T and and Henry &. Timmons
against John Kennish and John c.
Brown, incumbents, and Howard
Gass against William p. Evans.
1t sets aside the decision of some
years ago In the FunkhOuser case,
which ever since has neld the ballot
inYiolable.
Briefly stated, the opinion, writ
ten by Judge Walter w. Graves,
holds that where fraud is charged
| In good faith the boxes must be
opened for the inspection Of ballots
| 10y either party to the contest and
for comparison oi ballots and poll
books.
Boxes Will BE Opened.
Judges Henry Lamm, \. NJ.
Woodsou, Franklin Ferriss and Lee
roy Il. Valiant sat with Judge
Graves, the first two named filing
separate cOncurring opinions, Judge
Fcrriss conCurring with Judge
Graves, and Judge Valiant alone
dissenting.
Judges Kennish and Brown did
not sit, the statutes covering clec-
ton contests barring them from
con sideratiOn of case in which
they are affected.
The time for taking testimony be-
foro Special Commissioners X. f..
Culver of st. Joseph was extended
by the court until March ~, 1872,
and an order was made that the
Special Commissioner take further
testimony, which means that the
; ballot boxes used In st. Louis and
st. Louis county in the November
election in 1911 will be opened, and
any evidence of fraud unearthed
; will he included in the record,
That the decision Is the most far
reaching edct of the Supreme Court
, within recent years, rs well as one
: that will clear the political atmo
sphere of the State To IA degree long
desired, is the consensus of expires.
/ siuus by impartial critics.
Likewise, they say, no more salu'
tary step could have been devised a.
II cheek against fraud by those who
believing their acts would be impos.
siblc Of detection, felt safe In the
commission of such crimes.
"Thc Commissioner and counsel
| ON both Sides" Judge Graves said
: IN his opinion, "seem to he proceed
ing upon the theory that what they
term II prima facie case of franc
-, must he shown before the party
charging fraud or illegality in al
election, can have the poll book
, and ballots as one step toward prov
ing the fraud charge. This view %
the law is erroneous.
"When fraud is charged In goot
faith in the petition it can make II,
D difference in case such as is thi'
whether the fraud be actual %
whether it be what might be demon
mated legal fraud.
q 1--WE hold, when there is an ale
H CATION of fraud made in good faith
\ as 1t appears to he from the plead
ings at bar, the ballots and pol
4 books should be open for the pur
4 pose of showing fraud.
1.-The stability of our Government
Is depended upon the honesty an
4 purity Of the ballot. The secrecy u
the ballots had better be scattered t
the four winds rather than such
secrecy shield corruption In cleo
tons"
Francis O'Bannon, one of the ole