The times. [volume] (Richmond, Va.) 1890-1903, 1894-10-09
HARRIS ON WALTON LAW
THE JUDGE SAYS 1T DOES NOT
apply TO TOWN ELECTIONS.
n. Claim. that IL Ignores those Having =
Population Under 5,0Oo-Commsnts
on tho buchanan Decision.

countv Court Of Botetourt has set aside
the election of town officers for the town
of Buchanan, upon the ground OF irreg-
uIaritles practiced by the honest anu
discreet constable appointed under the
walton law"
| do not think the walton law" ap-
plies to TOWNS in the election of their
officers. Under our statute Cities ana
Towns" are clearly defined. and the line
between them is very plainly and dis
tinctly drawn. 18th Sub, page 81. Code OF
81 says: 1.-THE word City shall be. con-
strued 10 mean town con l,d.o 5 nd a
population Of five thousand or more, anu
having a Hastings or Corporation court;
The word Town to mean an incorporates
town containing population or less imam
five thousand
iGSoRrs TfE TOWN.
I think the Walton law clearly and
wholly ignores towns under I'VE thou-
sand inhabitants. The 4th section pro-
vides that amy person who intends To be
a candidate for any office, State or ma
tional, TO be elected by the state at large
or Of Il congressional district shall notl-
fy the Secretary Of the Commonwealth
- ANY person who intends 70 be
candidate for any office NOT EMBfACEDJ
In the foregoing at any elgcuon shdl
give a similar notice 10 the cierk OF
EIETkS Oh lHt loONl VI ~
Courts of the various county or counties
OF the CITY or CITIES whose electors
vote for the candidate or such OTnCe,t
The candidates for state or national ~
fees are clearly defined. Then toiloMs 20 ,o
duty of those candidates who INTEND W
run for an Office not embraced IN uIe
foregoing" | think here the error o.
ours to the minds OF those VINO nave ~
examined the law Gosely; l1ey apP'!, is
law TO any Office" while, l think, IL Is
only meant to apply 30 the offices OF me
State, such as members Of the LeBlsid,
ture. clerks, justices, ana III IA, az
Offices that constitute the IuachIlely ~ ~
the State Government, and those speeciIany
named In the act as Cities Candidates
running for state or national oIliceS
must notify the Secretary OF the CSSiinI.,
monwealth. Those for any other ot'ies
must notify the clerks Of the county or
HUSTINGS COURTS Of the various
COUNTY or COUNTIES, CITY or
CITIES. whose electors vote Tor the can
didate for such office. That IS CdH taI'S
for county office or a dlstrIct tleieor'
must notify the clerk Of his county
Those running for city offices, must no
tify his CITY clerk. Here no reference 10
made to a TOWN no provision IoI
candidate for town oiiice houi$ n s 1ttS
one and there is no provision loI 9"O''
to procure ballots IT.
the 7th section says, In regard 10 me
delivery OF ballots: "Of the sald DdIIosS,
they Ghe board shall make as many
packages as iHtEt az NONAAAS
In said COUNTY or CITY, one for each
nrecinct." and provides for their safe
keeping and delivery. There IS no P,oii
ion for printing ballots for, or thr de .iI.S
nrv of Them TO a town only 70 pre-
Ci1cts of COUNTIES and votlng-placeS
in CITIES Moreover, the electoral poalu
is only authorized thirty days before ~
election 10 cause to b. printed d nuIiioe'
of ballots equal to twice Ii SSo G.'S;IS or
gistered vote Of the said COUN ol
CITY. See 9Th section-it VIII De seen I no
provision is here made Tor OF i1ivttTHHST
To printing Of ballots foI lCH 20
How, then. can thy get theIr M 9't,o'0 ~
A so section 9-"It shall be the GUY oi
the ELECTORAL BOARD of the seV7rdt
COUNTIES and CITIES TO ptVNine a.
each Of the voting places, ~ tHcIL i'I1
spective COUNTIES and CIIlEf97i q - si'l a.
Compartment or BOOTH. II VIII ot puI
served that the Town has no eieclotd'
hoard 10 erect booths in which 10 vote
as the COUNTIES and CITIES hane'
and that there Is no pIoN'Sloll lot ,,r 80
hooths in n Town" and without express
provision for il, none can be MADE
rHr PROVISIONS OF TIE LAW.
soc section f5-"The electoral board Of
each COUNTY or CITY shall appoint LOT
each voting precinct therein one sp and
constable. Who shall be an honest anu
discreet person" Here II appears lhdI We
electoral board OF the COUNTY appohit9
This honest and discreet person as J1i-
stable for the county, ana the IL
hoard auuoInts for the CITY, but W.T.
10 tho hoard TO appoint for the town
None because none are authorized ny
law TO be appointed. Section Is PtuNluS59r
"The cost of conducting an elsctoI .,i
This act shall be paid by the supeINlsola
u,t ~ Tho general COUNTY levy. ana ~
cities by the COUNCIL thereof
"Towns" are held TO come uhhtt Wy
Walton Law, then the great WIons "n n
fn iustira would be done the cOuhues an
ffrif
election in which they nave no III 100
for observe, there Is no ptoNi5s'o o,d OIL
FOR paving the special consl.iple ~ -, -
GERS conducting an eiectloh III ~ Iay,
doubtIass for the good reason, Tue ldH
never contemplated such electlohS, ",'i
he held Bear in nina, - - 40
TOWNS are as sepaFat, au,' - CT,rY
nities and COUNTIES Therefore, ~ - /
c"nnot he construed to mean oMnd
e enY more than city" can be construct
10 mean County. ., - emitted
Whether the Towns Were pm IN Nv
from the operation OF the Na va n,ateriai.
oversight or intention IS not hl MAJ in
~ a2rsraI public have 10 inter ~
he elections in the hundreds VI at
tnWns throughout the state. uouHI NJ 80
that in the hurry 81 the P' of me state
-, usT occurred to its author, as thsT ON
ners have no control in State aIialrs'
HOW TOWNS ARE TO ELECT.
r.o ,,o,,or law is a radical innovation
upon existing law ,ya ana but Ine the question
he a1 s'r ge asked sGn'lIT are towns co.'s
duct their elections! ne - lies
p an Chapter Of The c9d fof OF such e eisc
tq ESER RRs t ana the laws governing 4gd the
election of their officers cahnnL pe "a
Cd amended by n m %Eston law @P fout@
thers Is u not3'I he law of the Code stands
ing the toH iaw of the land for their gq P
ment. -,
Harrisonburg, Va.