The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1865-08-30


ment Of the Voters Oath.
II is well known that the opposition
made to the law enacted by the Legis-
latufe;lRst winter prescribing a string
emit oath of loyalty to voters, was made
on the ostensible ground that the re-
quirement Of such an oath was forbid
den by the Constitution of the State.
Avery large ma orityl o6 both branches
of that body, however, were of adiffer-
opinion, after hearing the whole
question lengthily and ably discussed.
There has been more. or less grumbling
about the law ever since in quarters
whore It was likely to pinch. 1t is said
that prominent gentlemen in the Ka-
nawha country have ventilated ,opin-
ions that the law Is not only unconsti-
tutional but that 1t Is, therefore, not
binding on the officers of election to
enforce the oath prescribed when de-
manded; and we hear that similar
game is being attempted by dfsaffected
persons in Hampshire county. In view
of this state Of things and the approach
of the regular fall election, the follow
ing opinion given by Judge Harrison
of the Greenbrier Circuit, is most time
ly, as 1t Is most clear and, unanswer-
able. The correspondence shows the
immediate occasion of its expression,
but we are glad to see that it has been
printed in circular form, and is being
distributed in the region referred to, by
way Of repairing the mischief set afoot.
Thefollowing is the correspondence.
LEw1sBuRa, GREENBRIER Co., w. ",
-.l F.o sysa1 ss,- ~. August ID, 1906.
Hon. NJ. Harrison, Judge of The NSntE
judicial CTreItit Of ". Pa:
DEAR SR:-Our county election will
take place on the 18th inst. At the in
stance of many of our citizens, and MS
a guido to the officers conducting the
elections, request your opinion as to
the effect of the law of West Virginia,
In regard to the qualification of voters,
which is regarded by some as unconsti-
tutional and void, because it is not ex-
pressly contained in the constitution.
Very respectfully yours,
- JOEL McPHERsoN,
IRwIsBURe, GREENBR1ER Co., w. w.,
August Is, 1866.
To Col. Joel MCPHERSON, Clerk and Re
cOFCteT Of GreenbrieT county:
DEAR SIR:-You ask my opinion as
to tho obligation of the law of West
Virginia IN regard to the qualification
of voters, which law (yOu add sis re-
garded by some as unconstitutional and
void because 1t is not contained in the
constitution" y j
Article Sd of the amended constitu-
ton of West Virginia does, it is true,
present the general qualification and
disqualification of voters. How far it
may be competent to tho legislature.
during n time OF peace, or q time OF
war, (and especially during the latter,
TO impose additional qualifications or
dlsquaAlhcattonsJo FOR the pubic 8dfetU, is
question, to say the least, OF the
gravest import, which 1t WILDE time
enough to consider, should it ever he
regularly and judicially brought before
me. The legislature by an act passed
Ee9 p 1s9S thought % f. tssf
not enumerated 1t is true, in the consti-
tuition. By a previous act passed 23d
June 1868, IL likewise declared. that
mo person elected or appointed to any
Office of trust, civil or military, should
exercise the authority or discharge the
duties of the same, without taking the
oath therint preScribed.3 The wisdom
of these laws, it is not for me toques-
ton. They. are presumed, Mt least, to
ECOOALlGuL1On0l-
ity or demonstrations cannot be in
formally and injudieially determined,
even by member ofthe Judiciary
much less by supervisor or inspector
of elections. 10 hold that these
Officers OF themselves can nullify sol
emn act ofthe Legislature, upon CON
stitutional grounds, would be to encour.
ago resistance to the law, and to clothe
them in fact with the highest possible
function of Judicial power. Another
objection to 1t Is, that under the practi
cal exercise OF such privilege, moi
only might the same law be differently
construed in different counties, but
even in different parts of the same
county. Thus, sir, In your elections or
Thursday next, the act of February
1855, might be construed in one way a
Lewisburg, In another way Mt thu
White Sulphur Springs, and perhaps
at Frankfort, by n different rule o
conjunction altogether, which would
lend, I suppose, to great confusion,
My opinion Is therefore, that the Law
IN questions whether constitutional o.
unconstituttonal, Is obligatory, at lens
until properly adjudged to be a nudity
and that Il Is the duty of the SunpTItA
Sors and inspectors OF Elections to exc
cute the law as it is, instead of under
taking to expOund the constitution.
G am, sir, very respectfully,
Yours &C., n. HARRIsoN.
uuBe narrtson has the reputation o
being an able lawyer; and we take !,
that he is not only so, but man of vim
His opinion Is brief but to the point
He states in n sentence the whole-case
which is simply this: That any Law
passed by the Legislature must bt
obeyed, until repealed or annullctl I,v :
decision of the proper Judicial tribpnsl
that it violates the Constitution. W.
beg leave to initiate the Judge In re.
minding our readers that 1t Is not in IN
power OF any individual citizen or ON.
Ger, or even member of judiciary. n
nudity any set 81 the Legislature a
force ON our statute books. Tint can
only be done by tho Judiciary In the
loFnal mode prescribed by law. We
aonot doubt that some honesty I,elis,,s
me Enforcement of the voters oatb ,s
not warranted by tho letter Of tbo Gu,