The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1870-09-08

A certain Winfield Scott Alkire. a
white citizen Of West Virginia. made APP
pIication on the 9Th day Of August, 1870,
10 the petitioner to be registered, and his
application was refused on the ground that
he was not qualified to vote under the laws
Of the State, BY reason Of bis adherence or
participation IN the late rebellion.
The petitioner was. therefore, on the
affidavit Of said Aikire, arrested and
brought before commissioner Of the Uni
ted States for supposed violation Of the
act Of Congress, approved May 81, 1870,
and by said commissioner, in default Of
bail, was committed to answer at the next
term OF tho District Court.
It appears to me that this case does not
come within the purview of the statute in
question.
That il was not the intention of Con.
gress to abolish the laws o! the several
States which prescribed the qualification Of
voters, or even to alter them, except so
far as they were founded upon the dis
tinction Of race, color or previous condition
Of servitude," is sufficiently evident from
the words ofthe first section ofthis statute,
which declare it to relate to "all citizens
Of tue United States who are or shall be
otherwise qualified by law to vote.
1t cannot be doubted that the meaning
Of this language is that these citizens shall
be qualified to vote by the laws Of the
State or Territory in which they offer TO
poll.
That these persons thus otherwise
qualified shall vote" without distinction OF
race, color, or previous condition of servi-
Jude, is the purpose and intent Of the stat
ute.
1t wos clearly the duty imposed upon
the petitioner to inquire into the qualities
tons of the applicant for registration uu-
der the laws ofthc State of West Virginia,
and if he found him otherwise qualified"
he was to register him without distinc.
ton of race, color, or previous condition of
servitude," under the penalty of this act of
Congress.
The third section Of the act Of Congress
relates to those citizens otherwise quail
fed who have not been able, by reason Of
the wrongful act or omission aforesaid"
to do the prerequisite act which entities
the citizen to vote. There is no mention
of any wrongful act or omission" in the
third section itself, aud every rule of con-
struction requires that reference should be-
had to the previous sections while We fud
the wrongful act or omission" to be the
making among citizens otherwise disqual-
lied" distinction ION account Of race,
color or previous condition of servitude."
1t is not pretended that the petitioner
refused the application Of Alkiro on this
account. and therefore he is not guilty Of
the wrongful act or omission" which
makes him amenable to the punishment
prescribed in these sections.
The twenty-sccond section Of the act
under consideration relates 10 the Officers
Of any election at which any Representa-
tive or Delegate in the Congress of the
United States shall be voted for. tits
not alleged, nor is it true, that there was
any election Of the kind being held, Of
Which election the petitioner was an of.
cer." He was a mere subordinate officer
of registration, from whose judgement
there was an appeal by the laws of the
State to board Of registration in review.
The petitioner. in my opinion, must be
discharged. because it does not appear that
he is guilty of the violation Of the act of
Congress with which he is charged, and
for the reason that for his judgment Of the
qualification of the applicant for registra-
ton, under the laws Of West Virginia, he
is not answcrable in the courts Of the Uni
ted States. l shall pass an order to this
effect. II. j. BoND.
The petitioner was discharged,