Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-10-13
PUZZLED OVER THE BALLOTS.
n Question of Legality Involved i'm
the Virginia Election.


Correspondence Of The Evening Star.
RICHMOND. Va, October 8. 1894
The lawmakers and the strong limbs of
the law in Virginia. are somewhat exer-
cised over what seems to be direct con-
fiict between the Walton or new election
law and proposed amendment to the con-
stitution of the state relating to certain
criminal procedures. The latter will be
submitted to the people at the coming cleo
ton, Noven Der q. and the ballots on the
amendment will have to be done under the
new ballot law. Both the proposed amend
ment and the new election law were en-
acted at the recent session Of the legisla-
ture. The bone of contention is that the
provision of the one precludes the POSSIBLE
ity of carrying out the intent of the other
l. e., the manner prescribed for taking the
vote upon the amendment is rendered lille
gal In the now ballot law. The following
Is the title o. the act as TO the amendment
to the constitution:
AN act to provide for the submission to
the people of the proposed amendment to
the tenth clause of article 1 of the consti-
tuition of Virginia in relation to the mode
Of trial in criminal or capital prosecutions"
Relating to the manner in which the vote
on the amendment to the constitution is to
be taken, the act provides: AT such cleo
ton each of said voters who shall approve
said amendment shall. on the ballot which
he uses to vote at said election, have writ
ten or printed the words, For the amend
ment to the constitution and each of said
voters who shall be opposed to said amend
ment shall, on the ballot which he uses to
vote at said election. have written or
printed the words, Against the amend
ment to The constitution
Just here is the rub. Some of the best
lawyers in the citv, with whom The Star
correspondent talked, say the above is in
direct opposition to the provisions of the
Walton election law, which contains the fol-
lowing In regard to the manner in which
the votes are to be cast:
The ballot shall be white paper ticket
containing the naEes of the persons who
have con piled with the provisions of this
act as hereinafter provided, and the title
of the office printed or written as herein
after provided. None other shall be legal
ballot"
The recent session of the assembly en-
acted both of the laws. but the Walton cleo
ton law vas approved by the governor on
March q. 1894. one month after ne had ap-
proved the alleged conflicting act.
1t Is claimed by others. however, that the
election law liz no wise conflicts with the
amendment" act, and that the clause re-
pealing all acts or parts of acts in conflict
with the same does not apply to the law
concerning the amendment to the consti-
tulLoll. otHttS assert lldt tNe DdlOl issued
under the Walton law would not be invali-
dated by the written addition "for'' or
against the amendment to the constitu-
ton"
The others who take the contrary view
are emphatic in their declaration that the
ballots named would become illegal and
void If any such declaration is either
printed or written on the same.
The whole subject is in the hands of a
committee, who, il seems, have plgeon-holed
1t. The matter was submitted to the at
tOrney general, but he said that, while he
has an opinion on the subject, he does not
feel disposed to act as judge upon it at
this time.