Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1894-10-20
THE DAILY TINES AND THE WAL
TON LAW.

1ue h,cnmond. Va, Daily Times !
IN it's Issue of the 18th inst. and I'M
der the caption of ''No TrIckery with I
Voting" says:
We most earnestly hope that the state
Of Virginia may send solid delegation {
of Democrats to the next Congress, but
we want them to be Democrats who are
elected to Congress by majority OF the
voters in their districts casting their will {
ing suffrages for them, and not Demo-
Gratis put into place by trickery of any
kind. Bad as it would be for Virginia,
bad as it would be for the whole country /
for Virginia to send Republican Con-
gressmen to Washington, we had rather
see the Republican Congressman fairly
elected than to see the Democrats stuff
ed into the place of congressman by
frauds in the election.
We would to Con that your views
we're accepted by the meiority of the
leaders of your party. And again:
1t is gradually coming out that there
is an understanding prevailing in
some quarters that the Walton law
| itself il to be made an instrument for
working fraud in the coming election.
| The fifteenth section OF that law pro-
vides that "at the request of any elector
lin the voting booth who may be physi-
cally or educationally unable to vote, the
1 said constable may render him special
assistance by reading the names and of
fees ON the ballot and pointing out to
him the name or names he may wish to
strike out or otherwise aid him in pre-
pairing his ballot. In case said elector
he blind, said special const able shall pre-
pare said ballot for said elcctor in ac
lcordance with the instructions of said
Ielector."
1t will be observed that the law makes
distinction between persons who are
physically and educationally unable to
vote and persons who are blind. 1t pro-
vides that the constable "shall'' prfpare
the ballot FOR the latter and "may" pre-
Ipare ii for the former. 1t Is said there
will be concerted action to make special
r constables understand that the law
intends to give them discretion wheth-
er they will or will not aid an illiterate
voter in preparing his ballot, whereby
! the constables may practically disfran-
chise all the illiterate voters that they
j are inclined to disfranchise. In this way
: lit is thought all the results of fraudu
4
auce with the law itself.
e This idea involves q complete fallacy
n 1t is perfectly well settled law that thu
word "may' used in the connection il
which it is here employed means "shall'
; The law is that where the word "may" il
q used in a statute, and the public hav,
an interest in the act to be performed
= the officer has no discretion at all, bu
he is commanded to perform the act.
t The above is plain statement o
u the case. And again:
Now, we have no doubt there will b
: many perfectly honest special constable
Ie appointed for the November elections
who would not willingly violate thei
duty or the oaths of their Office. 1t vii
r be attempted to make these men believ
V that they have perfect right under tn
= law to refuse all aid to an jlliterate vot
err. We tell them they have no sue
d right, and that they will violate thei
n oaths and the law if they do it.
n The men who are willing to do thi
8, dirty work, which embraces a viola
tionof their oaths are the ones whic
L. the electoral boards will select.
Sc The DAILY TINES says
Oh Let those special constables who a
to in doubt about the the matter aud wa
a to do their duty with clear conscien
appeal to the Attorney General for
no opinion, and we are confident he will
H form them that the law commands the
10 to aid all illiterate voters in the preps
alton of their ballots, and to do so ia
10 ly and in good faith.
The above is amusing In view
-. the following extract from the edit
rial columns OF the BoydtoD, VI
:, MIDLAND EXPRESS of the 18th inst
oil The Attorney General of this state
.be disgraced his high office by rendering
opinion that is mean, partisan and
Do famous. In n circular In reply to an
plication for an Interpretation of
M word may as applied to the constab
assisting an illiterate voter, he says tt
the ssmay" means that it is not mandate
ira upon the constable to assist an litter
voter. He may if he feels disposed, {
nls- he may not. Just as the constable {
uld fit.
10Y What has the Daily Times to
Pc of this2 Ia not this an exhibition
n, ~ partisanry that has tendency
U make the advocates of a purer 6
NO eminent lose hope?
" We should think SO. Neverthe
,'e the agitation of reform must go
u " and oath-breaking officials must
AeO- sent ko tba raar
' The Midland Express must b
anu been misinformed If we are to id
noSe from the following extract from
o." torney General ScoTT's letter VI
date of Oct. 18th which has
0iO come to hand:
Re For the blind elector the Especial
stable must prepare his ballot: An
y Vi the request OF the elector in the b
physically or educationally unabl'
one: vote, the Especial Constable" must
-, der assistance by reading the names
VIII offices on the ballot and pointing
the name or names the elector may
to strike out.
The Especial Constable has no G.
in this matter, his obligation and
as a sworn officer is to aid and
o,,Ios the blind and the physically or e'
IL - az raNF