The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1884-05-09

various provisions are so Insepsrably connected as
70 warrant no other conclusion than that the Legis-
azure g Intended them as whole.
wha,a hne court u therefore OF opinion that The
"no,e act IL imperative, and that the statutes
svuSn. S 70 DC repealed are unaffected thereby
oo99eys Constitutional Limitations (dfth edltion),
State OF Ma,Ien NenaSs ss' The May9r' A. Cray g.
Lime rs. The People 92 Illinois, 406: slonson rs.
,,e me City OF Racine, l Wisconsin, 39S. And for
These reasons the rule must be made absolute. and
peremptory writ OF mdnddmus awarded as
prayed for In the petition.
Judge Hinton dissented. In substance he said
.nst nc regarded the law in question as con-
sututlonal. The provision which declared all
persons VINO could vote eligible 10 any Office with
" the GIT Of the people referred only TO such
onlcers as were chosen bv The people at popular
elections. IL had no reference TO officers chosen
oy tne General Assembly. Such offices were not
within the gift OF the people, but within the gift
Legislature had the right to prescribe the
qualifications for the same; that the Le-
glsiatnre had the power 10 create the once
tions FOR II; that many forcIble Illustrations
might be drawn from their past unquestoned ac-
lions They had the power u prescribe that Judge
OF elections should be able TO read and write; that
the LEGISLATURE had the power TO provide that IL
the Judges did not act within the prescribed time,
that then freeholders might act; that certain of-
admitted.
Now, then. why not2 He could not sec why the
Legislature might not have the power TO prescribe
that the Electoral Boards should be composed of
freeholders. That such provision was altogether
lmmateriaL and he believed the Legislature might
Just soon have passed the act without that provt-
sion with It. II did not vitiate the act. II did
not cffectuate any of Its provisions.
And II the insertion of the word freeholder had
not been made " would have been the same act.
And he was therefore OF opinion that farther, II
he was wrong, and the word freeholder was for
bidden by III. Constitution, and should be stricken
out for that cause the act ough, still to be allowed
20 stand without 1t; that this view was supported
by the authorities and II the objectionable word
- A.sl
gible, that that should be done, and In this
case. IL tie word freeholder was stricken out II
would still leave The act complete In all Its parts.
and he therefore dissented entirely from the opin
ion Of the court.
GALLALEE VS.. CALVERT EFT AIS.
In this case IL appears by the record that at the
time Of the petitioners appointment as registrar
for the Fourth Ward CT the city OF Portsmouth he
was In the employment of the United States In the
G. sport navy-yard that he has since continued In
that employment, and has regularly received for
hs services tpu ated compensation. Under the
laws Of this state such employment is incompatl-
BILE with the holding Of a State office. and by his
election TO continue In the former he must be
held to have waived, and fps9 Jacfo to have FOR
feitcd, his right to the Latter. The rule must,
therefore, be discharged
Judge Lewis delivered the opinion,
Judge Richardson dissented.
RICHMOND REGISTRARS.
The following registrars were appointed
by Judge Atkins January "a, 1884, and
have not qualified. No others have been
appointed since except by the Electoral
Board:
Clay Ward First precinct, j. V. Reddy Sec
ond precinct. William Flegenheimer; Third pre-
cinct. Emmct Crump.
Monroe Ward: First precinct, Samuel Ii. Rag
land; Second precinct. Alexander NJ. Br0wnel;
Third precinct, George W. Smith; Fourth pre-
cinct, +. H. Smith, Jr. ~
Madison Ward First precinct, Benjamin w:
Russell; Second precinct II. l.. Wigand; Third
precinct, Robert Carruthers; Fourth precinct, H'
l.. Pelouze.
Jefferson Ward: First precinct, ID. Delarue;
Second precinct, T.. =. Murphy; Third precinct,
Thomas Leeky; Fourth precinct, j. ii. Chill trey
Marshall Ward First precinct, George W. Don
ly; second precinct, X. ii. Bate; Third PFC
clnct, Roland Hill.
jackson Ward: First precinct, James Morris,
sey: Second precinct Charles II. Dufheld; Tmrd
urecinct, j James Rankin.