Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1895-04-19
THE WALTON LAW.

DECIDED CONSTITUTIONAL BY THE SUPRE ME
COURT OF APPEALS.
The Court Of Appeals at Richmond on
Thursday handed down an opinion, written
by Judge Keith, president of the court, in
which it holds that the Walton election law
is constitutional.
The case in point is that of Pearson ct ais.
vs.. Board of Supervisors of Brunswick coun-
ty ct ais. The plaintiffs allege that the Wal
ton election law. under which the election
last fall was held, is unconstit utional and
that the expenses thereof cannot lawfully be
paid out of the general levy. They petition
ed the Circuit Court of Brunswick to enjoin
the Board of Supervisors from paying the ex-
penses. The Circuit Court denied the in
junction asked forand the petitioners brought
their case to the Court of Appeals. The ap-
peal was denied, but Judge Keith says that
as an election is approaching and as there is
uncertainty as to the Walton law, he thinks
it we'll for the court to dispose of the matter
without delay.
GENERAL RULES.
The court first lays down these general
rules:
/ That the rightof suffragefs derived from
the constitution of the State and to it we look
for the qualification of voters and the limita-
tions and restrictions upon the right of vot-
ing.
2. The Legislature cannot prescribe any
qualification in addition to those found in the
constitution.
ton prescribed by our contitution and a per-
son otherwise qualified to vote, no matter
how ignorant he may be, is entitled to vote.
4. The sole function of the Legislature, with
respect to the exercise of the right of suffrage,
is to provide the mode in which those entitled
to vote may do SO. and have their vote count
ed, and to guard against improper, illegal, or
fraudulent voting.
5. To this end the Legislature may adopt
and enforce reasonable rules and regula-
lions to secure the one and prevent the other.
6 But if under cover of law to regulate
voting. provision is introduced into the
law which virtually establishes test of the
qualification Of the voter, additional to those
prescribed in the constitution, such provision
of the law transcends the power of the Legis-
lature and is null and void
THE CoNsTABI.Es DUTY.
The court then applies these propositions
to the Walton law and at great length goes
into every detail, paying special attention,
however, to the voting booth and the special
constable features. As to the voting booth,
the court says: "These provisions seem to be
not only reaonable, but well adapted to secure
the end in view so far as the voter is concern
ed who is able to prepare his own ballot.
With the ignorant voter however,
the case is different. 1t is obvious that one
who, either from physical or intellectual
blindness. is unableto read. is wholly incapa-
BILE of voting by ballot without assistance from
some quarter. The law recognizes this an d
provides for it, Then follows reference
to that provision of the law creating the spec
ial constable. 1T cannot be denied," con-
tinues the opinion, "that great trust is i'm
posed in him (the special constable) and that
wherever confid enceis given, it Is liable to be
abused, We do not think, however that all
the elaborate provisions of the act are but
artful expedients contrived for the purpose OF
deluding, entrapping and defrauding the ig-
norant voters of the Commonwealth''-as
charged by the petitioners
Going more infinitely into the duty of the
! constable, the court says that in section Is OF
the statute ''may" means ''shall.' and that
it is the bounden duty of the special
constable to render to him who is blind or I'M
able by defective education to read, every as
sistance asked for and required by the cleo.
tor to aid him in preparing his ballot.
FAIR ELECTIONS.
In conclusion the court says: "It cannot be
doubted that it was the purpose of the legis-
lature to frame law which would promote
fair elections. 1t may be that experience
| may develop unexpected defects in the agen-
cies employed which will call for legislative
correction. If such is the case the remedy
| will no doubt in due time be applied.
.sThe people are with us the source of all
! honor and power. Their will Is expressed by
election by ballot. 1t is for them to see to it
that the agencies employed to collect their
will are kept free from all faint Of fraud and
corruption and as far as may be from any
suspicion of it. 1t is idle to hope for honest
officials and honest government as the result
of dishonest elections. Il The Legislature
has done we'll, therefore, to shelter and pro-
tect the voter, and especially the ignorant
voter, from every influence inimical to the
free exercise of the trust which the State has
reposed in him.