they are deficient if judged by these requirements.

In most of the States the statutory provisions regulating the formation and fixing the extent of election precincts, are exceedingly imperfect. In probably a majority of cases the subject is committed absolutely to certain county officers-as for example, in Alabama, Colorado, Florida and Nebraska, to the county commissioners; in Arkansas and California, to the county supervisors; in North Carolina to the board of justices of the peace; and in Tennessee, Texas and West Virginia, to the county court. In at least twenty-four States neither the number nor size of precincts is fixed by law. In several States, towns or townships in the country and wards in the cities are constituted election precincts, which is a very excellent arrangement, so far as the rural districts are concerned, but often works very badly in cities where the wards are generally altogether too large and populous for convenient election precincts. In two States only, (New York and Oregon,) do we find such legislation on this point as seems to be required. In Oregon it is provided that election precincts shall not contain more than three hundred voters, and in New York the maximum in cities is eight hundred voters. In those States where the matter is confided to local officers, (and they include a great majority of the States,) there is great temptation to partiality and injustice in the designation of precincts and of voting-places. Purely partisan considerations too often control the action of the local authorities.

In some instances it would seem that polling places have been arranged with a view to render it

very inconvenient, if not impossible, for large numbers of electors to cast their votes.

§ 568. All the States, except Indiana, Georgia, Kansas, Oregon, Tennessee and West Virginia, have registry laws. Very few of them, however, contain provisions limiting the right of voting to registered electors, and for making the registry perfect and complete in advance of the day of voting. These, as we have seen, are very necessary provisions. Any statute that leaves open the question of the right of non-registered persons to vote, and devolves the duty of deciding in each case upon the election board, on election day, will prove a frail barrier against fraud. Let the registry list be prepared with the most pains-taking care, by a board of registration composed of persons belonging to the different political parties; and let all persons not registered be excluded from the privilege of voting.

§ 569. As to the place of voting, some of the States still continue the vicious practice of permitting an elector to vote anywhere in the county of his residence. Such seems to be the law in Arkansas, California, Georgia, Kentucky and Oregon. It is, however, gratifying to be able to state that the tendency of legislation is very strongly toward the sound and salutary doctrine that each elector should be required to vote in the neighborhood of his residence, and where he is likely to be known to election officers and bystanders.

§ 570. Several of the States have recognized the importance of providing for the presence with the election officers of witnesses representing the parties to the contest-a most important step in the right

direction, and one which every State should adopt. For example, the law of Alabama provides for the presence of five of each party; that of Florida provides for the presence of one representative of each political party that has nominated candidates; that of Illinois, for the presence of two legal voters of each party to the contest; those of Kansas and Oregon permit the presence of the candidates in person, or of not exceeding three of their friends. Similar statutes are also to be found in Pennsylvania and Virginia.

The very important requirement that the board of election officers should be composed of members of different political parties, is omitted from the statutes of twenty-two States. Comment upon this fact is quite unnecessary.

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§ 571. The still more necessary requirement that there shall be a count of the votes immediately upon the close of the polls is, I am glad to say, to be found in the statutes of nearly all the States. A few, however, have omitted it. Thus, in Mississippi, if the canvass is not finished may be completed the next day. Carolina it is provided that the board of managers may have three days in which to deliver to the commissioners of election the poll-list and the boxes containing the ballots, and that the commissioners of election shall meet at the county seat on the Tuesday next after the election, and proceed to count the votes of the county. In this State there is no law providing for the count of the precinct vote at the place of voting, but both boxes and ballots are to be carried to the county seat and there canvassed

by a board of commissioners, nearly a week after the close of the polls. This statute reads as if it might have been framed with a view to provide ample opportunity for tampering with the ballots between the day of election and the day of counting.

§ 572. The form and size of the ballot are regulated by law in but few of the States. In twentytwo States no law is found upon the subject. In several others it is provided that all ballots shall be printed or written on plain white paper. In California they are required to be four inches in width and twelve inches in length, and there is a similar statute in Nevada. Except in these two States there is no law to forbid the use of a ballot printed in the finest possible type, and on the smallest possible piece of paper. It is well known that the absence of this regulation has given rise to some very gross frauds in recent years.

§ 573. This chapter would not be complete without some remarks upon the jurisdiction of the State and National Governments respectively, over the general subject of elections.

The Fifteenth Amendment to the Constitution of the United States prohibits any abridgment by the United States, or by any State, of the right of citizens to vote, on account of race, color, or previous condition of servitude, and gives Congress power to enforce this provision by appropriate legislation. Subject to this limitation, the States respectively possess the exclusive power to prescribe the times, places and manner of holding all elections, except

those for Representatives in Congress, which latter they may also regulate, subject to the paramount authority of Congress. That the power of Congress over the manner of electing its own members, is absolute and plenary, will be seen by reference to the provisions of Article I., Section 4, of the Constitution, which provides as follows:

"The times, places and manner of holding elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators."

Under this very comprehensive provision Congress, if satisfied with existing State regulations, may abstain from exercising its authority; but if Congress shall deem the State laws upon the subject insufficient, it may at pleasure "alter" them. In like manner, Congress may set aside all State regulations and "make" new and complete rules of its own to govern Congressional elections. The power given to Congress is to make regulations concerning the manner of holding such elections-a very broad and comprehensive power. It clearly includes authority to provide all the necessary machinery for conducting the election as well as to provide suitable laws for the punishment of frauds against the freedom and purity thereof.