This view, which thus far is purely from the perspective of legal technology, finds affirmation of its validity when we realize that we are here dealing with the exercise of the right of suffrage which, in the consensus of political philosophers of consequence, is the bedrock of all republican institutions.
There must be some just and reasonable ground at least sufficient in the mind of a reasonable man, before the president can call upon the persons for the service mentioned in the law.
As a rule, an exception in a statute by which certain particulars are withdrawn from or excepted out of the operation of the enacting clause thereof defining a crime concerning a class or species, constitutes no part of the definition of such crime, whether placed close to or remote from such enacting clause.
The limitation — when there are more than forty voters waiting inside — on the right of a voter to freely enter the polling place does not constitute an essential part of the definition of the crime contemplated in section 133 of the Revised Election Code.
Let him prove his disclaimer who pleads that he comes within the ambit of the exception.
It must state explicitly and directly every fact and circumstance necessary to constitute an offense.
Well delineated in our jurisprudence are the pertinent guiding principles.
For that purpose and vis-a-vis other voters, the aforequoted legal precept guaranteed her the rights 1 to vote in the order of her entrance into the polling place; 2 to freely enter the polling place as soon as she arrived unless there were then more than forty voters waiting inside; and 3 in the latter eventuality, to enter in the order of her arrival as those inside went out.