The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-05-10
Manchester News and Gossip.

Opinion cf Attorney General Taylor in Re.
gard to fhe Election of Trustees for the Town Of
Manchester.-in answer to communication
from Captain William /. Clopton, in regard TO
the election of town trustees, under date OF
April 4th. asking his opinion thereon, the
Attorney General gives the following:
COMMONWEALTH OF VIRGINIA,
OFFICE OF THE ATTORNEY GENERAL,
Richmond, Va, April s, 1871.
VIM. Ctopton, Esg-SR In reply to the
questions submitted to me by yourself, in your
note Of the 4th instant, have the honor to
The election for the town officers of the town
OF Manchester should be held on the day pre-.
scribed by the charter of said town. The act
passed 2lst February, 1878, provides for the
election OF seven trustees annually, on the
fourth Monday in April.
By the act approved November 9Th, 1870,
18th section, it is provided that in every incor-
porated town of less than five thousand inhab-
itants, unless the charter of said town other
wise provide, there shall be elected annually,
on the fourth Thursday in May, one elector Of
the said town, who shall be denominatcd the
mayor, and six other electors, who shall be de-
nominated the c0uncilmen of said town. This
section of the act does not repeal the provi.
sion in the act first above cited. You will OBJ,
serve that ii expressly recognizes the fact that
the charter of towns of less than five thousand
inhabitants may provide otherwise.
In reply to your second question, the parties
elected are to be designated BY the styIe or
name mentioned in the charter. See the first
section of the act, passed 9th of February,
1884, page 264.
And in answer TO your third question, am
OF the opinion that the charter of the town of
Manchester is modified by the second section of
the third article of the Constitution of Yiroi
mia. which ordains that all per sons entitled To
vote shall be eligible to any office within the
gilt OF the people, except as restrained BY tho
constitution. The second section of the sched-
ule to the constitution simply continues the
charter of Incorporation, but upon the adoption
OF the constitution by the people of Virginia,
It modified all charters containing provisions
against the SURFACES of the citizens and sub
ordinated the charters of such towns or cities
In this respect to the new rule OF suffrage Gre
ated by the constitution.
The qualified voters are such as are described
a. being entitled to exercise the right of suf-
frage in the third article of the constitution,
The sections from the fourteenth to the twenty
hrst OF article six of the constitution, refers to
officers in towns and cities of over s 600 nhabi-
tahts. The General Assembly recognizing this
TACT IN the eleventh section of the act approved
November 9th, 1870, declares that in every
corporated town of less than 5000 iDhabi-
tants, unless the charter of said town other
wise provide, there shall be elected annually
on the fourth Thursday in May, &C., thus
showing that they were disposed to leave the |
day of election as prescribed by the charter of |
such town.
II you will look at the act approved 25th of |
May, 1870, page l49, you will see that by the
LIST section of that act. ii is provided for towns
and cities containing FIVE thousand inhabitants
or over, that the elections for the officers of /
snch cities and towns, shall be held on the 4tb |
Thursday in May, &c. The same rule shall OBJ.
tain for towns of less number, except when
the charter of such town provides otherwise.
In all such elections the qualified voters have
a right to vote.
JAMES G. TAYLOR.
JUDGE cox DIssENTs
At the March term of the county court,
Judge Cox's attention was called to the law
making 1t his duty TO appoint a register for
this town preparatory TO holding the election
On the fourth Monday in April, as prescribed
BY the provisions Of tho charter. No such ap-
poiutment was made by the Judge until the
April term OF the court, and then but fourteen
lays would elapse before the election. Plain
y, any regietr alton under such an appoint.
nent would be illegal, as the Iauscxpressly
provides that at least fifteen DAYS sis.il inter-
rene between the appointment of the registrar
md the time of holding the election.
To make bad matter worse and an Illegal |
yet, II possible, more illegal, the Judge, entire
y ignoring the plain provisions OF the law.
which required the election to take place in
april, appointed tho time for holding the cleo
ion for the fourth Thursday ia NAV. The !
pinion OF the Attorney General was solicited
M obtained by members OF the present Board
4 Trustees, as to the validity of holding the !