The Alaska daily empire., 1918-08-13
THE BALLOT.

The ballot is the stone of Ameri-
 can government, and Judge Jennings kicked
 away the corner stone when he took It upon
 himself to order the legal ballots of Alaskan
 voters rejected.
 Ours is a representative government, and
 our representatives, whether the Delegate to
 Congress, the Common Council of the
 Town of Juneau chosen by ballot.
 rt To safeguard the ballot, two things are
 essential First, that those who have the
 right to vote be permittde to cast their
 ballots; second that the ballots so cast
 be fairly counted, and the result determined
 according to the count
 The Congress of the United States how
 ever, s the sole judge of the election and
 qualification of it's members.
 ''In no case will the courts examine the
 returns to sse who was legally elected, the
 legislature being the sole judge Of all ques-
 tions of law fact involved"
 Yet, in Alaska have Judge who up
 sets the law with a stroke of his pen
 And what you going to do with your
 ot?-[ [Dispatchl
 Judge Jennings kicked away the cornerstone when he it on himself order the legal ballots of Alaskan voters rejected!"
 Rats!
 The purity of the American ballot is the stone of self-goverment Australian ballot laws are passed to keep the ballot boxes pure They passed to prevent the will of the people from being set aside by corruption-bribery, intimidation and other bale full influences. The Alaska Legislature passed Au straan ballot law for that purpose-for the purpose of maintaining the sanctity of elections
 Judge Jennings held this law to be valid He held that Alaska Legislatude had actually done what it tried to do, and what seeking the favor of free people anywhere in the United States will have the hardhood to say it ought have done.
 Some of the lawyers on the House Elections Com mittee-not all of them has been misrepresented by the Wickershamites believe that Judge Jennings technically wrong, because, they say the Legis lature neglected to provide penalty for the of fense of violating the law, therefore they say. the law is not mandatory
 For the sake of the argument only let admit that those members of the Elections Committee who hold this way are technically right, though very cellent lawyers including great States Sena- tors, such Senator Walsh of Montana, of the leading lawyers of the West, who told Judge Wicker sham that he had tried a score of election contests and Senator Colt of Rhode Island Republican and for many years Judge before was a Senator have agreed with Judge Jennings. It is a question of law. and courts often disagree upon technical But, admitting said only for arguments sake that the technicalites of the law the side of Wick ersham there is anywhere who can dispute that right was on the side of Judge Jennings. His decision upheld a law passed unanimously by an Alaskan Legislature for the purpose of giving us pure ballot in Alaska-SUCH A LAW AS WE MUST HAVE IF WE HAVEN'T TT NOW IF THE FREE EXPRESSION OF THE WILL. OF THE PEOPLE IS TO BE SAFEGUARDED.
 But the Dispatch pretends to believe that Judge Jennings had jurisdiction because the Constitu- says Congress is the sole judge to cleo ton and qualifications of its members. That is clap-trap, and Senators Walsh and Colt told Judge Wickersham when he made the argument against the confirmation of Judge Jennings nomination for re- appointment Judge Jennings did pass upon the question who entitled the seat in Con- gress. He did not go behind the He simply decided. many courts have done before and s, ola in members of the present Congress the question to