The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1884-05-15
The Electoral Boards.


We do not wish to discuss at length the
question just decided by the Supreme
Court of the State whereby the inefficient
craftsmanship Nof the recents. Democratic
legislative body, oVerreaehing its spoVers
and disregarding constitutional require
ments, has met with a signal, and to our
mind, proper rebuke. We confess though
that the bowling of partizan papers, de-
-nouncing the. decision as partizan, does
strike us as soremote from the truth, as de-
veloped by the history Of the present Court
of Appeals, that we call the attention of
the reader to it's antecedents. Ns
One Of the most excited contests. occur
ring after the organization Of the Court,
was that between the Visitors. of the
Richmond Medical College removed by
Gov. Cameron and those appointed by him
in their stead. The new appointees, with
Hon, J. f. Lewis at their head, marched
to the college building and in solemn form
demanded to be invested with the power
conferred by the Governor. The demand
was refused, and the contestants, repre-
senting each of the Bourbon and Coalition
parties, appeared before the Court Of APP
peals. The Court refused to concede the
claims OF the Cameron appointees. This
was a decision in favor of the Bourbon
party, by the Court elected by the Coalition
Legislature. f''it
In the contest between Judge Hinton
and Judge Burks, as to which was entitled
to the office of Judge of the Court OF APP
peals, Judge Lewis, now denounced as q
partizan, sustained Judge Burks and OPP
posed the claim Of Judge Hinton. This
did not look like partizanism. s,,. s', ''.i *
But on the right Of this cause of the
electoral boards, it-appears to US that inas-
much as citizenship and residence are the
only requirements for voters, and as the
! Censtitqtion allows all to- hold office who
are voters, the act of the Legislature pre-
scribing anew test for office holding, is a
glazing innovation on the rights Of the
people and a fragrant violation of funda-
mental laWa The idea of Judge Hinton
that the Legislature can, because it. is "a
Legislature, vary the qualifications for Of
| fice.from that prescribed blythe Constitu-
tion is simply in defiance of the cardinal
ideas Of Republican government, The
Legislature is an agent of. the people, I'M
der the Constitution, and its power Of attor-
ney is the Constitution. Can this agent
do more than the power of attorney dele
gates to ! it2 We think not.ls It,s would
be alegal absurdity. We therefore believe
Judge Lewis was correct when hesaid =
: No reason can be urged in supporter an
act that requires that members..M elect oral
boards shall be composed of 5aeehotders
only. Such qualification is not essential
to the discharge Of the duties imposed by
the act, and is neither'by necessity nor
constitutional authority. are there
fore Of opinion that 50 MUCH Of the, act of
February IA, 1884, as prescribes a freehold
! qualification for members Of electoral
boards is 'repugnant to!the Constitution
and void ! that the respondents, Cook.
Smith and Dalton, being chosen under it
are not lawfully chosen. officers, and that,
their appointment of tile respondent
Trower, as registrar, was without lawful
authority. The, rule must therefore tbe
made absolute, and writ Of mandamus
awarded as prayed for IN the petition
All acts defyingh these, sentiments are
contradictions of Virginia law as sustained
by the Constitution literally and the plain
intendment thereof ,and,all other views are
revolutionary. in their character and must
necessarily be an attempt to iwrest from
the whole voting population their equality
of right to hold-ofice, and to confer that
privilege on an especial class. va u ,st
| If the people are not equal before the
law, let it be so said in terms direct cand
emphatic. The people will then know how
| to project their pi0hfs5 sieI !sIf IL q ~ ~ ~