Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1844-10-24
oPINIoN F0R ME EXEcuTIYEI

OPINION FOR T4g EXECUTIVES.
The act passed tofrTovide Tor lie ap-S
pointment d Electors Of President of4he /
United States enacts fhatthe per3onsqnali-
fled tonyoie.for meHbers of The General !
Assembly ef this Commonwealth shall /
meet at their court houses 4 other plages !
OF election. and votelfor Electors. l
The 18th section 3i The third article of5
the Cpnsil'ation prescribes lie qualiiica4
tons Tor voters fol-. members oil tbs Gene
raj Assembly, Aitet prescribing The id-1E
terest in zeal estate which viii Qualify III
citizen % vote, il proceeds in the follow
ing words : AndhYery such citizen who, \
Tor twelve months next preceding, has
been a.house keepet and head OF 4 family
within the couptyJ city, borough Or elec-
ton district where be may offer 10 vote,
and shall have been assessed With part
ofthe feve niue o. the Com N on wealth with:
10 the preceding year and Actually paid
the same, and no other person, Shall be
qualified TO vote for members ofthe Gene
raj Assembly in he county 50.
A question whether the preceding year,
in this clause Of the Consiitu,isn, Is the
fiscal or calendar year has arisen. and my
opinion has been asked BY the Executive
on that question. The 18th section ofthe
act reducing into one the acts regulating
! The. duties OF The Auditor and Treasurer,
(see Cd Rev'd Code. page 4, proviies
that the fiscal year fprt5is Comm onw Alb
shall commence n.the first Of Ocioberlr
every year and terminate oa the 30lh hi
September next ensuing. Ifthe preced-
ing year i'd the Constitution means the
fiscal year prece ding the Presid entail efec'
lion, wbica Terminated on the Both 81
September. the persons entitled TO vote
are those who were#assessed with and have
paid the taxes imposed bytbe act passet
March lSlh 1910. III the calendar yea
is meant, then those persons who were as
sessed with and have paid the taxes nm
posed By he act passed The l4thol April
1899. are The persons entitled to vote:
The question under Consideration car
rarely arise, because the elections are ii
sually held in some month OF the calen-
dar year, occurring before The end o. tht
fiscal year, and of course the preceding
calendar I'D fiscal year are, for all prac
teal purposes in Che election, the same
year.
It., however, arose 10 the frsi election
under the new Constitution. That cleo
ton was held on The court DAYS of tht
month Of October,sllS30 The fiscalsYea
had terminated on The Both Of September
1890 The Assembly met in Decembel
ls3O.-The seal 81 Joseph S. Hansbo
rough, who was returned as one Of tbs
delegates Of the county Of Culpeperi wa,
Tcontesied BY ]. C4gGibson. In scru!iniz
/ ing the polls, it appeared that three per
sons had voted as housekeepers and head
Of families, who hat been assessed with,
and paid part 0: The revenue Of 1880, 5n'
had not been assessed with. .or paid any
part of the re venue Iof 1929. The House
Of Delegates decided that these persons
had not the rightto vote. Two other per
sons bad voted as housekeepers and heads
Of families, who bad been assessed With,
and paid part OF the revenuefOf 1929, but
had not been assessed with or paid any
part OF the revepue Of 1850. The House
Of Delegates DECIDED that these Two per
sons had the right 10 vote. This decision
is 10 point. is enlilfed 70 great respect, and
Think oughtto be followed, pnless il clear
" appears 10 be erroneous.
1 !. think The decision is right. | think
il probable 10 framing this article Of the
Constitution the Convention did moi lock
10 the fiscal year al means Of settling IL
construction. The fiscal year is an aEitf-
ciai arrangement, made BY statute 70 RI
dnee 10 system ihesccpunfs Of the receiy-
ing and dIsogrslcg officers Of the Govern
ment. II has never 50 far as | am in
formed, been uged for any other purpose.
The lime Of lis tommeneemeni and termi-
D alton is probably unknown 10 most Of ihe
citizens OF the Commonwealth. and is lias
BILE TO be changed BY The Assembly at is
pleasure. The csEendar year Is a wen
known division Of Sime 81 permanent
character. recognised BY all our laws and
entering all Che contracts and business Of
life. When the word "year" is used ii
any Of our laws. either statutory or constE
tutional, ihe calendar year at once occurs
10 the mind assfheliime intended. Il is Il
well settled rule bi Interpretation "thal
words are 10 be understood in their usual
and most knowa signifcation-not 90
much regarding The propriety Of grammar,
As their generA and popular use.' This
rule, applied 10 The article Of the Consti-
tuition. would lead Us 10 interpret in