The times. [volume] (Richmond, Va.) 1890-1903, 1894-10-23
We IRE BEA1ES.

We frankly admit that we believe we
are beaten and in what contest pray?
In a contest for honest and fair cleo
lions. II we should tell this to a stranger
We expect he would say that the contest
itself was stranger than he. But there
is that contest nevertheless, and The
Times is on the side of perfectly fair
elections The Times believes, though
It is knocked out" and that cheating,
and cheating OF the petty larceny order,
is 10 be the rule in the coming election.
II is impossible 10 account otherwise for
the pertenacity with which il is insisted
that Judge Simmons construction Of the
Walton law 10 the construction which the
election officers must accept. OF course
an honest constable is Indifferent as to
whether he Is TO tell an ignorant voter
what name TO strike from his ballot or
whether ne strikes the name out himself.
In either case he will act honestly and
see that the ballot responds to the voters
wishes 1t is only dishonest constable
who cares n rap which he Is TO do. If he
4 Is simply TO tell the voter which one 10
strike out, he will tell him the wrong one.
If he is actually to strike out the name
himself fear of conviction of fraud may
deter him from striking out the wrong
one. Since, then, no honest man cares a
straw about the distinction. but a dis
honest one obviously would, the conten-
ton for the construction that will enable
the dishonest one TO cheat In safety, Is
plainly 10 give him the opportunity to do
II. There ought t. be no sort of question
In the case All men should be as willing
to have the constable make the actual
erasure himself dc TO tell the voter what
erasure TO make. as all honest cOnstables
would as soon understand the law TO
command them to instruct the voter as
10 tell them To make the erasure. The
distinction can aid rascals alone; an hon
est man will be glad TO mark the ballot.
Nevertheless, as we have before said,
we admit that we are beaten. We see
perfectly well that constables are TO be
given to understand that they are only
required 10 tell voters what names to
erase. and the coming contest is TO be
fought hy the Democratic party in the
negro counties upon the lines Of hood
winking and deceiving all the ignorant
negroes possible. There. truly. is pro-
gramme to stir the patriots heart and
rouse his fiercest energies in the cause
We must ask our readers 10 pardon us
for pressing into service a weli-worn Joke.
A Judge ruled point against a lawyer
who, nevertheless, insisted on reading
Coke's Institutes To show that ne was
right. apologiZing to the judge by saying
that he did not intend TO argue against
the decision of the court. but only to
show what a id fool Lord Coke was
We don't intend. Of course, to argue
against Judge simmons construction of
the Walton law, but we only want TO
show what a fool The Times is to differ
with him.
The part Of the law which governs the
matter in question reads as follows;
AT the request Of any elector in the
voting booth, who may be physically or
Internationally unable TO vote the said
special constable may render him assist
ance by reading the names and offices
on the ballot. and pointing out TO him
the name or names he may wish 10
strike out or otherwise aid him in pre-
pairing his ballot. In case said elector
be blind. said special constable shall pre-
pare said ballot Tor said elector in accord
ance with the instructions of said cleo
tor"
Now, The Times has already sufficiently
pointed out that when the law says the
constable shall otherwise aid" a voter
who Is physically or educationally I'M
able to vote" il means that ne shall
mark his ballot for him IL he asks that
names be erased. But the thing The
Times is unable TO understand in Judge
Simmons opinion is this: lie thinks the
constable is compelled 10 make the
erasures on the ballot Of a blind man
under the provision that he shall" pre-
pare the ballot OF a blind man. lie thinks.
also That he may make the erasures for
one physically unable to vote" under the
provision, 'or otherwise aid him." the
words. physically unable to vote" cover
Ing the case of men who are, not blind
but have dimness of siSlt or who have
pslsied hands. But he thinks that all the
constable can do for the man "educa-
uonailv unable 10 vote" Is TO tell him
what names TO erase Now. the words "or
otherwise aid him" apply as much TO the
Internationally unable TO vote" as To the
physically unable TO vote" The Ian
guage Is. AT the request OF any elector
IN the voting booth who may be physl-
caiiy or edueationally unable TO vote. the
said special constable" sc. Where does
he get authority under this language N
DO an act for one physically unable Ia
vote which he may not do for one "edu.