“Under every form of ballot of which we have had any experience the voter has been allowed — and it seems to be agreed that he must be allowed — the privilege of casting his vote for any person for *447 any office by writing his name in the proper place”
How later courts described this case
- “Under every form of ballot of which we have had any experience the voter has been allowed — and it seems to be agreed that he must be allowed — the privilege of casting his vote for any person for *447 any office by writing his name in the proper place”
- "Under every form of ballot of which we have had any experience the voter has been allowedand it seems to be agreed that he must be allowedthe privilege of casting his vote for any person for any office by writing his name in the proper place"
Written by the judges who cited it.
The opinion
HARRISON, J., concurring.
I concur in the opinion of the chief justice upon the validity of the ballots therein discussed by him. It would without question be proper for this court to make a final determination of an election contest when the record before it is such that the rights of the respective parties can be properly preserved, but it clearly appears from the record herein that the rights of the respondent cannot be determined upon this appeal, and, consequently, that he should be permitted to present a record from which his rights can be ascertained. For this reason I concur in remanding the cause as directed at the close of the opinion of the chief justice.
Temple, J., and Garoutte, J., concurred with Harrison, J.
Rehearing denied.