Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-01-13

NoiiSiuSico al 'iihpOi tdht dHo NoANdbAS
safeguard of the independence Of the
humble citizen against the influence
which wealth and station might be sup
posed to exercise. This object would be
accomplished but very imperfectly if the
privacy supposed to be secured was linn
tied to the moment of depositing the bal
lot. The spirit of the system requires
that the elector should be secured them,
and at all times thereafter. against re-
proach or, animadversion. or any other
prejudice. on account of having voted
according to his own unbiased judgment;
and that security is made to consist In
shutting up within the privacy of his
own mind all knowledge of the manner in
which he has bestowed his suffrage"
Now. gentlemen, l will not further
trespass upon your time to read from
the numerous opinions which l have, but
will trust you to credit me with stating
the fact when l say that they are to the
same point, using the same reasoning
and many of them quoting from the same
articles in the encyclopedias and from
the same opinions of other courts. l will
now refer to one case which is of some
significance in South Carolina, where the
constitution contained two provisions
which somewhat contradicted themselves.
BY the constitution OF this state il was
provided that all circuit judges must be
, elected by joint ballots of the General
Assembly the General Assembly being
the Legislature. II was also provided
in the constitution that in all elections
by the General Assembly the members
should vote viva voce. Now You will
observe there was an apparent oppor-
tunity for the General Assembly to fol-
low the constitution and yet 70 vote viva
voce. but when that dual question was
presented to the court the court disposed
of it as follows: The general PROPOSE
ton. that where the manner Of voting is
fixed by the constitution it must be OBJ
served and obeyed. is not controverted.
1t is reduced, then, to the naked in
quiry, is the manner OF voting at e.ec-
ton Of circuit judges fixed BY the consti-
tuition? and if so. what is that prescribed
manner, and has it been complied with
in this case? Both sides agree that the
mode of assembly of the two houses for
the purpose of voting is prescribed by
section l3. Article ", and that the nCde
is Joint assembly. But in behalf OF the
state, il is urged that after the two
houses have met the vote must be 10y
ballot whereas the defendant claims
that the vote must be viva voce' in ODE
dience to Section 81, Article II OF the
constitution"
Let us now put together the two sc.
tons in which the. law Of this case lies.
Section "a. Article II. legislative de-
partrlent: In all elections by the Cen
eral Assembly, or either house thereof.
the members shall vote viva voce. and
their votes thus given shall be entered
upon the journal OF the house TO which
they respectively belong"
! Section IS. Article ", judicial De-
! partment: And for each circuit i
Judge shall be elected by joint ba.-
( lot of the general assembly"
The learned counsel for the defend
ant base their construction of tho
word ballot" upon two grounds.
! /. That the theory of the State
/ Constitution is that in all elections
/ by the legislature the action of each
member Should be open to the scrutiny
I of his constituents. SO as to preserve
the accountability Of the legislator to
! the people.
/ .. That the word ballot" must De
taken in its popular sense. and in that
! sense its meaning is the act OF vo:-
ing without any designation of the
manner of voting.
However plausible may be the poll
| cy of the principle set forth in the
! first ground,-and strong. had it been
| argued in the Conventional is Of no
avail now"
| And right here let me remind you.
! gentlemen, Of the consonance of that
/ sentiment with my observations at the
outset. The court was performing its
| judicial duty there as a Coordinate
branch Of government, and the court
there pointed out that the conventio l,
| another coordinate branch, might
| possibly have yielded under stress of
! the situation than before it and have
! declared a construction of the law in
| harmony only with its own purposes.
| The court, however, adheres to its own
conception Of its judicial duty and
| says, Such an argument is of no avail
| now"
| Again, / say. shall be as a co-ordin-
| ate branch of this state government
further lay ourselves open to such an
| intimation from any court, or from
that greatest of all supreme courts.
| the judgment of the people? And then
the court goes on to say: When We
! go to say what is the law of the land,
| we must take the law as it is and
| not as it may have been. The rules
of Interpretation are we'll stated. as
follows: The way to ascertain.
our obligations as they arise from in
| stituted laws is to collect the mean
ing and intention Of the law maker
from some outward signs or marks:
the collection Of such intention from
| such signs or marks is called inter
| pretation."
| Words are the common signs that
mankind make use Of to declare their
intention to one another: and whaa
the words Of a man express his mean
ing plainly. distinctly and perfectl,-.
we have no occasion to have recourse
to any other means of Interpretation
/ And it is only where the words fail
| to express the meaning plainly. dis
tinctly and perfectly that we can have