602 JOURNAL OF PROCEEDINGS [Mar. 8,
and directs that the election shall then be proceeded
with, as near as may be, with duplicates, for which it
provides.
The time lost was lost by just such misadventure as
is contemplated in that section and in the absence of
injury, which I have shown could not have resulted,
could not and does not invalidate this election. (Mc-
Creary on Elections, section 445. )
All had an opportunity to vote and, if they did not,
must abide by the result of the poll. (McCreary on
Elections, sections 132 to 135. )
If this precinct had been largely Democratic, suffi-
ciently so to overcome any Republican majority in the
rest of the county, I apprehend the Judges of Election
in this district would have found a more liberal intend-
ment in the law, and would have held the election.
But a liberal construction of the law was not even
necessary, for we shall contend,
3d. That under a proper construction of it, the bal-
lots offered were legal ballots. What is an official
ballot under the law and why does it prescribe that
there shall be an official ballot ?
An official ballot is one that comes from the hands
of the officers authorized by law to prepare the same,
and the ends it is designed to meet are, to prevent
bribery and repeating, and to secure secrecy, and thus
to arrive at a fair and free expression of the people's
will. This is the first and last purpose of all election
laws. They are but the machinery, a means by which
this result is, or is attempted to be attained, and the
fundamental purpose of such laws must never be lost
sight of in their construction, but must be furthered
by every reasonable implication. To do this what
does the present law of Maryland provide with regard
to the ballot ? It provides that it shall be printed on
white paper with black ink, that the names of the
candidates of the respective parties shall be printed
in parallel columns, &c., and gives specific directions
as to the whole make-up of the face of the ballot. It
also provides that it shall have printed on its back the
words "Official ballot for, " followed by the designa-
tion of the polling place for which it is prepared, the
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