Year: 1869

bill was actually introduced, but failed TO
become law. The press has again taken
up tho subject and we re-pubish the article
and again urge the matter upon the atlsn-
tion Of the legislature.


"Ooe Of the first and most important du-
lies of the incoming Legislature should be the
semodeling of our election laws, 90 as to
make them barmonize with the strict re-
quremsuts, both in letter aud spirit OF the
State Constitution. The secret ballot 10 the
great civil sbsld and weapos Of the free
white citizen Of California, bequeatbed to
him by the founders OF our State govern
ment, and guaranteed to him by the organic
aw of the comm monwesI,h. The language
Of the Constitution guarau utesing the rights
plain, simpls and specific 80 The English
vocabulary could furnish, and yet our cleo
tion laws have never yet fully enforced either
the letter or spirit Of this 6rst and most sacred
man date Of our organic law. Article 3rd
section 6, Of the constitution reads as fol-
lows: "All elections of the people shall be
By ballot" No candid, intelligent man, Of
any party, will for a moment doubt or deny
bu: that the word "bsllot" as here used was
used in contra dstaction TO the word viva
pocs, the latter meaning open, public utter.
ancs, while the former means secret. The
ballot when opened declares the voice of he


l.lI


declaration it is But to make sure that no
legislature or j,rist could qubble as to the
meaning Of the above quotation the trainers
Of he Constitution consirue it for US by the
following clause in Article IL, Section Is :
"Ths privilege Of free suffrage shall be sup
ported by laws regulating elections, and pro
hibitng, under adequate penalties, all undue
infuenee thereon from poeoer, bribery, tumuIt
or other improper practice"


Laws shall be made, saws the Constitution
to protect the voter from all undue influence
from poWer. Protect him from what power (?
Why, obviously from the power Of any one
from knowing how be voes, and prosecuting
or depressing him at the time he votes, and
for all subsequent time. From the powe,
OF the rich over the poor, the strong over
the weak the bold over the tmid, the vicious
over tho vlrtuous, the creditor over tho
debtor, the customer over the dealer, the
lawyer over the client, the Judge over the
Hhgant, the employer over the employee,
and from every power that one man can
havs over another


There is no law that can be devised by the
brain of man that can prevent the exercise
Of this undue power over the voter in some
3 apo or other but one, and for that one law
the legislature has not only the authority Of
tho Con nstitution to make, but the command
of that mos, sacred instrument that it shall
he made. What is this law that will effect
this great object secured to the voter by the
Constitution We answer law securing
enectually and absolutely the secret ballot.


Such a law, in fact, has never graced our
statute books. Attempts to frame such laws
have been made years ago. when the Democ
rscy were in power and for the tine being,
they were in great measure successful, but
in later years when wealth, individual and
corporate, are seeking to grasp all power
monetary and governmental, they have
proved unequal to tbs task of securing to
the votor the freq ballot. Indeed in the
days of the IIawes and Ha'es and other such
linkering Mongre's. the object seems to have
been to obstruct rather than protect the le-
gal voter.


How silly it is 10 suppose that our present
election laws secures the secret ballot, when
the whole combined wealth and corruption
OF the State allies itself together to defeat the
operation of this statue. What protection
are our laws to the man, over whom some
power is held, when he is told. il you don t
vote the red ticket, or green ticket this
power shall fall with all its crushing weight
upon you and yours None whatever. lie
is no more protected than il the Consttu-
tion had said vira yoce, you shall 90 to the
polls and proclaim aloud for whom you vote
These ara no idle imagiuatons.


Now for the remedy. Let tho coming
Legislature pass law fixing The color and
quality of the paper upon which the ticket
shall be printed, the sort OF type and color
of ink with which it is printed, the length
and width Of tho ballot and most severe
penalties for marking, coIoring, or folding 10
any manner whatever, rendering The ballot
so that it can be known from any other
ticket voted At the same election. Or what
would be still better and more effective let
the State furnish selfseang envelopes. all of
the same kind, size and color and add the pen
altles for tinkerng with them in any way,
aud require every voters ballot TO be sealed
up in one of these envelopes, If a more ef-
feotive plant han this can be devised so much
the better, but by all means let not this
Legislature neglect to perfect some law that
will protect the voter and carry out the
mandate of the Constitution.


Time and space will not permit u. to
pursue the subject further at this time, but
we do hope the hooest portion of the press
Of the State will take up this subject and
urge it upon the coming Legislature, until
this crying evil is remeded Democrats in
the legislature will not have filed their mis-
sion to the people and their party until the
requirements of the Constitution, in this re
spect, have been fully carried out. We say
to our Democratic brelherep throughout
the State that wealth, power and corruption
have always been the opponents Of our par
tv and but for tha aDeruv nurifv ond in