The times. [volume] (Richmond, Va.) 1890-1903, 1894-10-17
WHAT BE THE AID


The Attorney-G General has given an
opinion, which We publish to-day upon
the meaning Of the word may as USED
in the Walton law, and ne decides IN
accordance with what The Times has de-
clarcd the law t. be. that the spcclal
constable has no choice, but must ala
any voter who asks his assistance, wheth-
er ne be blind, physically unable TO vote
or initerate. That point may, therefore
he considered as covered and done for.
The special constable has no discretion.
il Is his absolute duty 90 give assistance
10 every voter who needs aid-to the IL
literate voter as well as TO the blihd
or palsicd voter.
But when the Attorney Generals letter
was written his attention had most prob
ably not hecu drawn TO that very aston
fishing distinction which the judge Of
notetourt county found in the law, which,
he held. forbade the constable to do more
I'm the case OF an illiterate voter than 10
read over t. him his ballot and point
out TO him tho names that he wishes TO
strike out. Ilc distinction does not exist
and is plai1 inconsistent with the lam
guage Of tho statute. Nevertheless, being
made by a court it will be accepted as
the true con. truction Of the law by those
party authorizes and those special con
stables who understand that the special
constable feature OF the law was expected
when It was adopted to work out all
the SmithCTs' precinct cases that might
be needed. unless this construction is
promptly rejected. It will thus come to
set up as the rule that the special con-
stable has the right 10 refuse TO mark
ballot himself, and is required to do no
more than tell an ignorant voter what
names to stratch out. II this is accepted
as the rule many special constables will
be found who Will direct iiterate voters
10 erase names that they wish TO vote
FOR. or see them do so without correct
ing the error, though they would not ac-
tualy erase them themselves If the voter
could require them to make the erasure.
When the law says that the special
constable is 10 render assistance TO the
illiterate voter "by reading the names
and offices on the ballot, and pointing out
20 him the name or names he may wish
10 strike out. or OTHERWISE AID HIM
IN PREPARING HIS BALLOT it COM
mands him. by the use OF those words
Otherwise aid him" to erase names If the
voter requires him to make the erasurc
and We have not the slightest doubt that
the Attorney General would so hold IL
his opinion were asked. We hope the
Acknowledgement may see his way to
passing upon this point promptly. as 1t
may cut a great and bad figure unless it
is decisively treated at once.
We We're glad 10 see the Dispatch yes
terday joining heartily In the demand that
the special constable shall" assist all
nliterate voters who ask his assistance.
But the Dispatch Immediately proceeded
10 quote the opinion Of the BotetOurt
judge as its idea OF the way In which the
constable is 20 assist the illiterate voter.
We are TO suppose, Therefore. that, accord
ing TO the Dispatches view, the special
constable will perform his entire duty If
he reads a ballot over to an illiterate
voter and tells him which names to
erase. If this is the Dispatch's views of the
case, all the enthusiasm created by its
announcement that it agrees that the
constable is commanded 10 aid the Hit
crate voter Is dissipated. The constable
had just as well not aid the illiterate
voter as 10 give him such aid as that
Indeed. he had far better not aid him.
himself might erase the right name.
But IL he follows the advice OF a dishonest
constable he certainly viii not.
When may" is read shall" as il is
now conceded on all hands II must be
read. the law will stand thus: "'The con-
stable shall render assistance to the H.
iiterate voter by reading over the names
and offices on the ballot to him and point
Ing out the names the voter wishes to
erase. and he shall otherwise aid him In
preparing his ballot" What is the mean
Ing OF that language, and he shall other
wise aid him In preparing his ballot?" 1t
Is plainly that he shall do whatever the
voter asks him 10 do in order to make
II certain that man who cannot read
shall east his ballot Just as he wishes TO
cast It.