The times. [volume] (Richmond, Va.) 1890-1903, 1894-10-13
M TnIcKERY wIrB VOTING.

We most earnestly hope that the State
OF Virginia may send a solid deiesa'ioh
NJ Democrats to the next Congress, Out
ue want them to be Democrats VINO are
elected TO Congress by majority OF the
voters I'm their districts casting their WILL
ing SURFACES for them, and not Deiho
Gratis put into place by trickery Of any
kind. Bad as Il would be for virginia
bad as It would be for the whole country
for Virginia to send Republican con-
gressmen 10 Washington, we had rather
see the Republican congressman fairy
elected than to see the Democrats stuhed
into the place OF congressman by frauds
in the election. 1t is gradually coming
out that there Is an UNDERSTANDING pre-
yailing in some quarters that the walton
law itself is TO be made an instrument
for working a fraud in the coming cleo
ton. The fifteenth section Of that law
provides that eat the request or any
elector I'm the voting booth who may be
physically or educational1y unable to vote,
the said special constable may render
him assistance by reading the names and
offices on the ballot and pointing out to
him the name or names he may wish TO
paring his ballot. In case said elector
be blind, said special constable shall pre-
pare said ballot for said elector in accord
ance with the instructions OF said cleo
tor"
1t will be observed that the law makes
a distinction between persons who are
physically and educationaiiy unable to
vote and persons who are blind. 1T pro-
vides that the constable "shalr' prepare
the ballot for the latter and may" pre-
pare IL for the former. II Is said there
will be concerted action 10 make the spe-
ciai constables understand that the law
intends to give them a discretion whether
they will or will not aid an iliterate
voter in preparing his ballot, whereby
the constables may practically disfran-
chise all the illiterate voters that they are
inclined 10 disfranchise. In this way 1t
Is thought all the results OF fraudulent
election may be secured in accordance
with the law itself
This idea involves complete fallacy.
II is perfectly we'll settled law that the
word may" used In the connection in
which IL is here employed means SHALL
The law Is that where the word may"
Is used in a statute, and the public have
an interest In the act to be performed
the officer has no discretion at all, but
he Is commanded to perform the act
Now, we have no doubt there win be
many perfectly honest special constables
appointed for the November elections, who
would not willingly violate their duty or
the oaths of their office. Ii will be at
tempted to make these men believe that
they have a perfect right under the law
10 refuse all aid TO an illiterate voter.
We tell them they have no such right,
and that they will violate their oaths
and the law IL they do it. Let those spe-
cial constables who are in doubt about
the matter and want TO do their duty with
clear conscience appeal 10 the Attorney
General for his opinion, and We are con-
fdent he Will inform them that the law
commands them to aid ap illiterate voters
In the preparation OF their ballots, and to
do so fairly and in good faith Let them
appeal to the State chairman OF the
party. He is not a lawyer, il is true,
but he would undoubtedly seek the advice
OF lawyers. who would tell him what the
law is. and he would. no doubt. promptly
inform all those who appealed to him
that 1t is their duty to- give cheerful aid
TO all ilhterate voters who ask il of them,
and 10 render 1t in good faith and with
the utmost correctness.
This is an important matter as bearing
on the question whether We are or are
not TO cut entirey loose from fraudulent
elections. and 1t behooyes every citizen
Of Virginia to exert himself in endeavor-
Ing to have the law fairly and truthfully
administered In this as In all other par
ticulars