Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1848-10-10
VOLUME XLY.-NsIN1BEH 46.

Since he passage Of this law, the Les'>lalur,
OF Virginia has no, acted on This subject. Tn,
election in this State must therefore tie he'd IN
| der the aci OF Assembly of The i2h February
1914, modified b. be act Of Congress ahov,
quoted.
The act 81 l2h February, 1911, contains ib'
| following provision: (See Sessions Acts 1913
page 49, at il shall appear 10 The said com
nissioncis, that many persons eb1itled 10 zoe
were prevented from attending by bad weahel
| or any ether cause, thry are hereby empo were
and required 10 keep the polls open Tor three days
including The first day"
Tne first question propoundsd is. can The com.
mission1rs now, under our law, keep the polls
open three days2
| The section of the constitution OF The United
STATES above quoted, confsrs on Congress the
power 10 determine the time OF choosing the cleo
tors The ACT OF Congress OF The 23d January
1916. being passed in pursuance ol that section,
is The paramount, law OF the election so far as lis
| provisions extend. Il must conuol the election
and rep al the State Law So Tar as il is inconsis-
enl with il.
The question then is, whether the power 10
keep open The polls Tor three days, incluiins The
FIRST day, IS Inconsistent with The act oi Congress,
which directs The election 10 be he'd On The Tues
day next alter The first Monday, g.?
! think il is Inconsistent viii the act o: Con-
gress in this respect
The ACT oil Congress enacts that the electors
shall be appointed on The Tuesday, &c.
The enactment that the electors shall b. ap-
pointed on Tuesday, necessarily imports that The
election shall be completed on that day, for the
word appointed WIN applied TO The popular
vote means elected. II then the election is 10 he
completed Oh that day, il is inconsistent to say,
the polls may be kept open Tor The two following
days. To keep open the polls for three days IN
der our act, won d be 10 appoint he electors on
those three days, instead Of The one day directed
by The act CT Congress.
But think keeping open the polls for three
days would he inconsistent with the design of
the act of Congress. The design Of that act
was by holding the election on one day through
out the Union, to prevent the citizens Of CONT
guous States voting in two or more States. This
design would be as fully defeated by keeping
open the polls for three days, as by voting on
separate days.
The proyiso in the act, that when any State
shall have held an election Sc, and shall fail 10
make choice Of Electors on the day aforesaid,
then the Electors may be appointed on subsc.
quent day, III such manner as the State shall, by
law, provide, is not inconsistent with the con-
struction of the act Of Congress above given.
The object Of that proviso, is chiefly to enable
those States, which require majority of votes
to elect President, 10 provide for an election,
if no ticket obtains majority.
think this section is not only not inconsist-
ent with, but furnishes strong argument 10
sustain the construction have given the act OF
Congress.
The proviso, in lis terms, contcmplaies an
election on one day; il looks 10 the possible fail
,kot - hot f.,il I'm
may be remcdicd by an appointment on sub
| sequent day, in such manner as the State, BY
law, may provide. The ascertainment Of a
failure 10 elect On the day designated by the act
of Congress, is manifestly to be the act o! State
authorities, which may compare the whole re-
| turns, and not the act Of Commissioners, TO
superintend one precinct election in one or more
Of the numerous counties of State. The re-
medy for such failure is in the hands OF tho lie
| gislature of the State, and not in the hands oil
precinct Commissioners.
| think il clear that The commissioners 10 con
duct the election cannot keep open the polls oi
three days, but the election throughout the olalt
must be completed on Inc Tuesday next alter The
first Monday in November.
The second question is, can he who offers |,
vote merely as a tax payer aEa head OF family
vote unless he has paid the State tax OF 1917
| with %nlch he was assessed. anu tndl III
county where be offers TO votc2
The description Of The qualification OF voter
in he c.cliun law OF the II h February 1914, j
controlled BY the Constitution OF the STATE.
That instrument gives he right 10 vote TO eve
~ citizen who. for Twelve months next preceding
has been a house,k keeper and head o. fain
within the county, city, town or borough, or cleo
| ton district where he NAV offer 10 vote, and wD
shalt have been assessed with 4 pan oil the reve
nue. OF The Commonwealth within the preceding
year, and actually paid the same.
The preceding year here mentioned, think
is the calendar year. The fiscal year is an ar;
fetal division OF time made BY The fiscal law.f
the commonwealth, merely tor convenience g
traIsaclipg The business Of The treasury. il !
no, established by the Constitution, and MT r.
ferred 10, 81 as 10 make il authority By winch ~
Constitution is 10 &c expanded.
| To control the construction al the Consiilnio
b. laws made hg The Legislature, would be I
make the less control tie greater
The calendar year is a we'll kaown division {
time, recognized among all christian NATIONS
and entering into all The transactions oil suci5'J
This think, is The year recognized oy gu
constitution, and as consequence, the peIs.'
who offers al the election 10 be held in next INC
vember, 10 vote as Tx payer, must save par
the tax assessed Tor lS4I.
But if he has resided in The county, or eiec
ton district in which he offers 10 vote for weiy
mouths next preceding The election, do II
consider i, necessary that he should have bet
assessed in that county or district for the lax !
the year 1877, provided he has been assessed an
has PAID The lax Of lSi7 in another county oil IN
Stale.
|, is necessary he should be citizen al TIC lin
he offers 10 voc, and has been assesse w;;h an
paid the tax Tor the year lS47, and il is nece~ss
nv that he should have resided 10 The county
district in which he offers TO vote, Tor IL month
preceding The election. But The Constitute
does moi require that the voter should have bee
assessed 10 The county in which he offers to v"t
The assessment for the year 1917 is made "
the Is. February a citiZ'n in one county M
have been assessed and may have paid his "a
Tor that year, and may have removed 10 anoih'
; county and have resided there more than twev
months preceding The election; such person,
think, would be entitled 10 vote.
S. S. BAXTER.
SEPT. %, 1913.