The Alaska daily empire., 1917-03-21

uCNl and not a nuLuEAl Ilbht' " a' within the, power of the state to prescribe how lt shall be exercised. The manner of voting, provided ,Dy statute. is one Of the reasonable regulations. The limitations impos" ed for the purpose Of guarding against fraud. undue influence, ana oppression. and of maintaining the secrecy of the ballot, arc within tho legislative and police powers: That the ballots shall be printed docs not add to the constitutional qualifications of the voter. and Therefore falls within the general au- thOrity Of legislative laws.
 "Thc legislative intent Is clearly expressed Tn the first act, that or ISS7 thc words were. tho ballot shall be written or printed; In the amending act, It shall be printcd' The Legislative will cannot be. mis- understood. The intention Of the legislature should control absolute ly When that intention is clearly ascertained, those upon whom it de- wolves Co execute the statute nave no other duty than to follow the legislative will.
 While nIl the minute details Of the statutes relating Co elections are not mandatory. they arc mandatory in requiring that the ballots shall bc printed. The positive require mcnt Of the statute does not admit Of Its being treated as merely di- rcctory. By qualifying a statute as directory its requirement. IS avoid cd tho intention of the legislature. however plain, is defeated.
 "It is dc!drablc that the lcGislo- turo should declare in what rec spcCt they mean any particular pro- vision 10 be void in event Of nOn- compliance with it's terms. and what consequence they intend shall result from compliance. In the absence of this. great difficulties arise. We are not willing, however, In the absence of such dcclRra- ton. to hold a law as directory in cases in which tho intention Of the legislature is clearly and cmphau- cllly expressed. We prefer a strict construction tO the extensive and comprehensive. Each has nblc ad- vocates and many authorities In It's
 "Thc grounds of objection urged on the part Of tho respondent, such as that the purpose of voting Is to ascertain tho intention Of the voter md the will of the majority. and that ballot cast by m clcctOr in good faith should not be rejected for failure to comply with the law In matters over which he had no con troI. II broadly and liberally ap- piled, would defeat the object Of the statute relating to the printing of the tickets on a ballot Of white paper furnished by the scCrctnTy Of state. and would render incffCc- tual the provisions applying to the throwing out and not counting fold cd tickets. and even those relative tO the required certificate Of regis tration. although the purpose Of the law is well defined and clear.
 Constitutional and statutory pro- visions for the conduct Of elections are either mandatory or directory. and violation Of mandatory pro- visions will avoid the election, with out regard Co the motive. or the person guilty Of the violation, and without reference to the result: 6 Am. & Eng. Ency. of Law 325.
 In Rhode Island the law requires that each ballot shall be so printed as 10 give each voter a clear op- portunity Co designate by cross marks in a sufficient margin 0t the right Of the name of each candidate. his choice Of candidates, md that each voter shall prepare his ballot by marking in the appropriate mar gin or place, cross opposite the name of the candidate Of his choice, and that no voter shall place any mark upon his ballot by which it may be aftCrw3rd identified The Court decided that no mark other than the cross can be used; that it must be placed in the margin op- posite the name of tho candidate: Amer. Dig. Of 1891. lil9.
 "In many of the states there arc statutes prescribing tho form Ot the ballots. the kind Of paper. and prohibiting my marks, figures, or devices by which one can be dis tinguishcd from another. These statutes. being designed tO preserve Of hU11lf Nnl n prevent fraud. intimidation. and bribery, will generally be consider ed mandatory: g Am. & Eng. Ency of Law. 3i9 Directions given by u sovereign ln regard Co a matter over which his power Is conceded, use of language, be held tO involve, as its CorTclativc, Obcdioncc: Scdg- wick's Statutory and Constitution al Law. SIS. notc.
 These decisions maintain the principle that mandatory provisions not complied with !n an election will result in it's avoidance, without reference Co motive or person.
 "In those states in which the bnl- lots must be printed. and the name of the candidate designated by CrosS-marks. tho required margin al notes must be placed as required by statute. That the voter should lflNllN tblllIlN "lAl Allf lfNl0taAkAN' will is clearly expressed The vOt- CTS who cast the siNty-scven bal lots did not comply with the stat ute Tn nm organized state Of SO- Cicty the majority bind the minor itv bv complying with mandatory laws in expressing the popular will
 Judgment affirmed. at appel lant's costs"
 lo Return From chogaiung that N official Ballots Had Been Received
 For the Election There; Hence
 canvasslng Board Not to
 Presume That They Had
 Not Been Received
 say it was the duty of the Boar lot Co count the returns from Chog ,iung precinct because the ballots which are a part of the return. ShoN Dn their face that they were void an here was nothing on the fact Of th cturns to initiate this fact
 There is not in tho returns any ccr iriCatc of the judges of election as L he facts, if any there were, whic prevented the use of the official bal cts. The 2lst section Of the said stat ltC Of the Alaska Legislature Of l9l provides that where no official ballot nave been received "thc voters ar Co write or print their bal of but the judges of election sha' n this event certify to the above fact which prevented the use Of the offic al ballots, which certificate must ac and be part of the cleo lon returns" So that it Is seen tha n addition to the requirements of th Nct of Congress as tO what the Rctur consists Of. the Legislature has mad mother requirement. to be complies with under n certain condition of af airs. The clear inference is that whc here is no such certificate there ar 10 such faC.s as call for such cGrtiti ate. Certainly the Canvagsing Boar lad no power to presume that an uch facts existed. The Return speak ntcllgcntlv and conveys clear moan nE, and the Canvasslng Board canno 70 behind this Return.
 It Is contcnded that tho election Of