The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-09-20
The Enforcement Act passed by Con.
gress-Judges Bond and JaeksOn's
Interpretation Of IL.

bdltorN OF the Register:
have read the above Act, and con.
flicting opinions of the above named
Judges upon it. Judge Bond makes
the words without distinction of race,
! color,or previous condition of servitude,"
in the first section, restrictive of the pre-
ceding language, viz: that al citizens
of the United States who are or shall
be otherwise qualified by law to vote in
any election by the people in any State"
&c, shall be entitled and allowed to
vote at all such elections and limits
the effect of the section to the pre-
vention only Of distinction being made
on account OF the causes named, and
limits the offenSe and penalty cores
pondingly; while Judge jackson holds
the words first above quoted not restrict
ir5 Of the general terms preceding.
1t seems TO me Judge Jackson is
right in his Interpretation; that the
words without distinction Of race, color
or previous condition of servitude" can
not, in the common acceptation of Ian
guage, or by the well established rules
of construction, limit the right Of "aH
citizens otherwise qualified to vote, nor
exempt any officer preventing such
voting, from the prescribed penalty.
If our Legislature should pass an
act granting all citizens t,ontyone years
oi age right 10 retail spirituous liquors
without distinction of race, color, or
previous condition OF seryitude,' and
make it the duty of certain officers TO
grant licenses 10 those qualified as afore-
aid. and impose penalty for failure to
perform, would there be any doubt that
in such a case the words last above
quoted, would he mere srptusags or re-
dundancy, and in no sense restrictive Of
the general grant to all citizens twenty
one wears OF age? And could an Off
Ger withhold license from any citizen
,wentv-one wears of age, without incur
ring the penalty? Certainly not But
il the Legis AZURE had, in express terms,
confined the penalty to cases where Off
GERS should withhold license because of
race color, or previous condition of
,ervituie, then the construction would
he different, and liability and penalty
limited to Withholding license for that
cause only.
OR If 4. grants 10 B. all his stock Of
cattle then being on his farm called c.
without distinction of color, age, or
sex, it Is clear these last words would
not restrict the grant; but all AS cat
tie on farm c. would pass, whatever
might be their size, weight, breed or
other distinguishing qualities not men,
toned or particular;zed The phrase,
without distinction of color, age, or
sex would be in such case, mere sur
plrs1gs and not restrictive in any sense
of the general term OF the grant.
The phrase without distinction OF
race, color or previous condition OF SER
vitude," as used in the act in question,
is bv no means useless, for in its pecu-
liar connection it extends to colored
citizens the same privilege of voting
the white men have, which, in many of
the States they had not before; but be-
vond this, it can have no effect; GER
,ainly not to limit or restrict the general
terms that precede. Every citizen,
therefore, of West Virginia otherwise
qualified to vote that is, having the
age. sex, residence, freedom from par
,icipation in the rebellion, &c, that
onr constitution and laws require
comes within the act, and any officer
debarring him of the right the act con-
fers. is liable to the penalty, it seems
TO me. And the title OF the act, and its
Other parts are iTreconcltable with any
o;her construction.
The second section makes, in ex-
press terms, the duties OF all register
irg officers, and penalties for failure
therein, commensurate with the right
conferred by the first.
The third section makes il the duty
OF the presiding officer at the election,
under like penalty, to receive and count
the votes Of every person 'cronqtutEy de
barred registration, upon presenting his
affidavit, stating his application for reg
islration, the time and place that he
was wrongfully refused, and the name
of the officer refusing, &c, as provided
in said third section.
Especially, is the protecting aid OF
such an act needed in West Virginia,
where partisanship has placed the ap-
pointment and control OF the register
| Ing officers in the hands of one man,
and absolves them from all accounta-
hiity for injuries committed.
Very respectfully, u. T.