Show THE LEGALITY OF THE ELECTION LAW WHEN i the rumor ramor was first heard that the recent election was to be contest contested ed on the ground that it was not carried on in conformity to the constitution of the state of utah no sober ober man looked upon the talked of contest as anything more than a huge joke all or nearly di all of the people felt with dr hodge that whatever is is in right except mans own sinful self but the salt lake county commissioners missi ners out of a supposed loyalty to the law were thrown into a flurry and their minds were filled with great eat ap apprehensions pretensions lest the numbering ben i ng of tue ballots as provided for by bv section 26 of chapter 69 of the laws of 1896 was in direct contravention of section 8 of article 4 of the state constitution county attorney whittemore was ac accordingly cordin ly requested to give the board his written opinion as to whether or not the election law was legal and as to the duties of the hoard board in declaring and certifying as to the result of the election as shown by the face of the returns mr Whit temores opinion was given to the board tuesday afternoon and is to the effect that the election held under the law of section 26 of chapter 69 is invalid as contravening the section of the constitution ution referred to above the language of the section in the constitution is all elections shall be by secret ballot nothing in this section shall be construed to prevent the use of any machine or mechanical contrivance for the purpose of receiving and ree registering the votes cast at any election provided that secrecy in voting be pre served the provision of the election law which is said to violate the section last quoted is as follows the judge or clerk shall immediately after the voter has prepared his ballot write the name of such voter upon the poll list and shall take the ballot of such voter and number it in ink in one corner upon the top thereof in such manner as not to expose or show how the voter has voted the same to be numbered in the order in which it shall be received consecutively and so as to prevent the corner comer to be turned and pasted down with mucilage t which shall then be done so that the number is not thereafter visible viable and such seal shall onh be broken in case of a contested election and the same number shall be recorded by the election judge or clerk on the list of voters beside the name of such voter perhaps it would be well to see what is understood by the word cc secrecy as used in the constitution webster defines secrecy as state of being secret separation retirement privacy conceal concealment nt it is is therefore reasonable to td assume that the framers of the constitution arti ution employed the word secrecy in its usual and ordinary oid inary meaning up to the time of numbering the ballot it is not contended that tha th at A there is anything in the law ml chic hisen ia in strict conformity to the tion on of secrecy as aa constitution in oret Dreo arine bis abal lot lot A the I 1 voter is 23 f from the gaze or law enjoins upon udom ii miF folding ha booth so A ballot that condition it is handed to the judge or clerk who numbers it without ex posing exposing its contents and places a corresponding number beside the name of the voter on the poll list when the ballot is immediately returned to the voter who deposits it in the ballot box who knows the contents of a ballot thus deposited except the voter of such ballot clearly the judges do not for if they do they stand condemned before the law no one else could possibly know its contents for they have neither been permitted to see its preparation nor to handle it after such preparation the secret of its contents is within the breast of the voter A law is not invalid because it may be violated for if that were true roost most of the laws upon the statute books would not be worth the paper they are written on A voter may reveal the contents of his ballot to another with the intention of letting it be known how he is about to vote but such an act on his part it seems would not invalidate his vote or the law under which it was cast the only result would be that such auch voter would make himself liable to punishment ishi nent as aa provided for by the statute the only question here is does the provision for numbering the ballot etc conflict or contravene the section of the constitution before quoted clearly not and no citation of authority is needed to support it |