The Alaska daily empire., 1917-03-21

 adopted in Australia went through the usual course Of all rcforms-first laughed nt and hoOted to scorn. denounced as imprncticabe. expensive: cumbersome, unfair. etc.; then gradually creeping into favor as one by one the objections were found to be untenable, until nt least as Commonwealth aitcr Common wealth tried it and found it good, it burSt into n full fruition Of usefulness; so that now there is scarce n State or Territory in the Union where lt does not prevail These being the evils Of the old system sought Co be rcmedicd. this being the Instrument with which to remedy them. the Legislatures de; llberatcly adopting this remedy and hedging it about with all manner of safeguards, even making it crime In the officers to fail Co observe it, it seems Co me that lt Is idle tO say that It's essential terms are not mandatory but are only dircctory-The official ballot and the secret booth are the very cs- scncc of the system--thcy arc the things that make the remedy truly a remedy rcmedied is not remodlcd,-the official ballot is just as essential, IT. not more so, than the secret booth, for what does it avail Of protection for the voter if containing a name or names which he must vote or. by writing in other names. thus betray his Identity by his handwriting? The simple cross of the Australian system made by the voter on the official ballot in front of the name of the person for whom he wish es to vote. made with no eye overlook nG him. bctrays no Identity and gives the frccst choice-nay. it gives the only free choice. IL is not Of the essence of the system that tho official ballot should be exactly in the form prescribed by the statutc-trifling variations not affecting the central ideas Of the "of- ficialncss" and "indIstipgulshablpnesS of the ballot would be unimportant. but the Australian system with total ab- Eence of an official ballot would be like tho play of Hamlet with Hamlet left
 Elections are contrlvancc of
 government. which prescribe who
 are electors and how they may K
 mate exercise of power. to prescribe
 the description of the ballot which
 shall be used
 These statutes (Australlan Ballot stQtutes) being designed to preserve the secrecy of the ballot. and to prevent fraud, intimidation and brib-
 cry. will generally be considered ns all cases where the statute provides that a ballot varying from the re-
 0uircments of the law shall not be
 Am. & Eng. Enc. Law. p. ss. But even if that last mentioned proyls- ion is lacking It (the statutc) still is
 If from consideration of the en- tire act. it's nature and its object. the consequences which would result from not corstruing it as mandatory
 would defeat the very objects of the
 (36 Cys. supra) See also Tuntiand V. Noble, l3S N W. 29O (293.)
 Alaska Australian Ballot Statute tsN. fgg,,s ,,stt t1l ] have led to the adoption elsewhere of the Australian system prevailed in Alas ka and led the Legislature Of 1915 10 pass the Act of that year There was ! beginning to work here the sinister in- ! fluence which led to the downfall of the old system there. owing to the fact that many men in remote localities in Alaska were markedly in the power opportunity for the stirling of q free cx- prcssiOn of the opinion of the elector- ate. And too. the political mnnipulator was already abroad fin the land; the been sent to jail by Courts for, election | frauds; the poison Of the serpent saw | those evils and tO it's credit determined to remedy them. That Legislature was Alaska had been given the small meas urc of Home Rule which 1t now enjoys, and tho very fact that m Australian Ballot was provided at so early n period Is evidence of the enormity of the evil, of the impcratIvcness of change. and of the efficacy of the Australian offic- ial ballot Co effect that change. Ac- cordngly the Legislature enacted the law. (Session Laws 1915. Chapter 25o. and it received the approval of the Gov crnor How is it to be construed? Let us sec.
 Our Aet--How Construed
 Now. having In mind the former evil. the desirability of cxtirpnting that evil and the means adopted to cXtlrpate it.' let us examine that statute in detail with view of asccrtaining the legis- lativc intent.
 By It's first section q complete change is to be wrought in a thing which K of the very essence. Prior to the cractS mcnt every person voting prepared or had some private person prepare for him. the ballot which he was to use nt the election. Now the change. Says
 After the passage of this Act
 for all elections in the Territory Of
 Alaaka the Clerk Of the Dis
 lots for use in their respective al.
 VlgIons."-
 prepare ballots for usc-not prepare them as playthings 10 look at-but pre- that can have any other meaning than this: No other person shall prepare ballots" for use at the election. It seems to me that this construction ls INuulFcl not Only Dy v COuHlueTHuOn Ol the former evil: but also by tho con text 10 which allusion will be made later on in this opinion.
 Section provides that the ballot which the Clerk is tO prepare for use lt all elections shall be printed upon white paper. that it shall contain tho names of all candidates nominated, and blank spaces to write in other names. We shall sec later on that no one cln write in any such names. however. cE- ccpt the voter himself or some of the officers ~for him in case of his dsa-
 section provides that thls ballot shall be headed "0fficial Ballot"-"Of- ficII" means
 Derived from tho proper office or
 officer or from the proper author
 ity: made or communicated by vir-
 tue of nuthority: hence authorized.
 aa m official statement or report"
 Century Dictionary, D. 4O9--offic- and at the top thereof above per- foratcd line shall be duplicate stubs bearing consecutive numbers. one of said stubs to be retained by the cleo tion judges upon presenting the ballot 10 the voter, the other stub 10 bc torn from the ballot by the election judge and compared and retained upon the booth." This plainly indicates that this official ballot is 10 bc handed 10 the voter by the judges and that none but the official ballots are to bc de- posted in the ballot box. for on the return of the voter from the booth tho judges are to compare" the number still left on the ballot with the mum Der which the. judges have torn off. SO as to be sure that the ballot which Hl.a .~s,Nnp Nsy Ia lao nI