1892. ] OF THE SENATE. 605

The Committee relies for its conclusions that the
ballot is illegal upon sections 128, 137, 158 of the
Act of 1890, chapter 538, and upon a decision in 29 N.
E. Reporter, 322.

What do they provide?

Section 128 provides simply that ballots shall be
printed at public expense and throws no light on the
questions here involved.

Section 137 provides the kind of paper, ink, &c. to
be used, as well as the form of ballot, and then as fol-
lows: And on the back and outside shall be printed
the words "Official Ballot for, " followed by the desig-
nation of the polling place, for which it is prepared,
the date of the election and a fac-simile of the signa-
ture of the President of the Board of Supervisors of
Election by whom the ballot has been prepared.

Section 158 provides that no ballot without the of-
ficial endorsement and the initials of one of the ballot
clerks, shall be allowed to be deposited in the ballot
box.

The whole purpose of these provisions is "unifor-
mity" and "secrecy. " In the absence of fraud or
injury, which does not appear from the evidence,
those provisions, the technical violation of which,
will not impair these purposes are only "directory"
as will appear from the authorities I have quoted
above. Not one element of the provisions of the
sections above named, looking to the secrecy of the
ballot, could possibly be violated by striking out the
word "first" and substituting "second. "

Section 137 prescribes the form and style of the official
ballot, and is mandatory in all its provisions, the vio-
lation of which would or could destroy secrecy, but no
further. It does not, nor does the law anywhere de-
clare that none but the ballots therein described shall
be received or deposited in the box.

Section 138 contains a prohibition, however, the
only one of the sort in the law, namely, that no ballot
shall be deposited without the official endorsement
and the initials of one of the Ballot Clerks.

What is the official endorsement, and what is its pur-
pose? The Committee, on this point, clearly miscon-
strues the plain meaning and words of the law.