The times. [volume] (Richmond, Va.) 1890-1903, 1895-04-12
WALTON LAW DECISION.
THE MEASURE SUSTAINED BY the
SUPREME COURT or A PPEALS.
ppIn,ou Renaero by President Keith ana
Coneurrei la by 81 the judges.
Text If the opinion.

and cogently the reasons Tor sue" re-
fusal have IN effect passed many "po"
tho conetsfutionanty OF the Walton Ia"
and sustained It's validity. As the op'h-
ION Is of such general interest 10 the poo
pie OF Virginia. II Is published IN iun'
as follows. 80.
Pearson ct ais. against board OF super
viscrs. Brunswick County ct "l"' 'P'"
ion by Judge James keith. go.
Richmond. Va. April II, 1870
The plaintiffs nlcd their bill IN the CIR
cuit Court of Brunswick alleging .na. .
fn.v are citizens ana taN-paySlS " ,,iet
county, ana mat they are uulg oS me
voters under the consul u i dot on
me stb OF November. 1os4, that pelne VIC
day nxed by law Tor me puipVs'' -
election was held az the va % r1en
cinrfs in me county OF brunswick, as Mci t
- throughout the Fourth congressioHal
district OF Virginia, for the elecuoli y. .
representative In the tohsIess VI III
ifrt,ed states, which election was heiu
- re rrovisions OF an act OF the
General Assembly Of Virginia, enttied
IAN act 10 provide Tor the instnoe %
voting by ballot approFen mei.n "
Isgig The bill goes Oh TO STATE tnAt *
,cnses were incurred in payment OF the
per diem of certain oihcefs. lhe " pn ata-
lion OF ballots, the construction OF pooehS'
and other items iDcid sntal 10 an tlcsIOh
,,n1er The terms OF the law referred 10,
and that on the Sth Of DECEMBER, 1884.
the bills covering these expenses were
rreeer ted TO and allowed by th5 DOdlu
~ stlperVisOrs. and warrants were Drawn
Nv Tho hoard upon the treasurer OF tne
county for their payment The plaintlHs
further allegc that the act under Which
these expenses We're lnSutteo - u"c con
not. therefore be paid out OF the general
NE hi states many particulars In which
hot
IN tho Constitution of the United states
and 10 that Of the state OF Nlrb.hlt'
Tine board Of supervisors and the treas
urer of Brunswick county, the members
nj the electoral board the special con.
stables who conducted th- election, ana
generally all those hold K warrants upon
the treasurer. whose validity are mere
denied are made parties delenudht,
The bin was taken for confessed, ana
came on 10 be heard before the circuit
Court of Brunswick county, Whlcn re
fused the Injunction prayed LOT anH ne us
missed the bill. Thsreupon the plalntiIs
presented their petition Tor an appSdi
10 this court which brings the case be-
fore US for considerations
TIE ALLEGATIONS.
The petition alleges that the said act
is Unconstitutional and void, that tne
costs e conducting the said election III
Cured by putting in operation the pro
visions of the said act are illegal charges
upon the county levy. and the payment
thereof should be injoined ana that me
said decree of the said Circuit court 10
erroneous for the following reasons
which reasons are assigned as errors III
the said decree. ,,,,
phvsical and educational qualifications for
electors. I'm violation of Article Ill, sec
tion /, of the Constitution of virginia.
q Because said act depriyes snch eiec-
tors as may be blind or physically or
educationally unable TO vote OF the Sc
crccy of their ballots In violation OF
Article III. section 2, Of the Constitution
q Because said act prsscribes restris-
lions upon the eligibility to office forbid
den by the Constitution OF Virginia, and
therefore, In violation OF Artcie ILL.,
section 2. Of said Constitution
"a Because said act depTlNes thc cicc-
tors of equality of civil and poiltma'
rights and public privileges. IN violation
of Article l., section ~, OF the tohsu'u-
IA "a because said act is repugnant to the
guarantees of the liberty OF speech ana
of the press. in violation of Article l..
section "a, and Article v, section u, OF
the Constitution of Virginia -
Sc Because said act denies to Dnmo
electors and electors who are physically
or educatonally unable to vote me equai
protection of the law in violation or
Article XIV. Of the amendments or the
Constitution OF the United 51l'e esor,, tho
electors knowledge Of the candidates Tor
Office, and knowledge OF the contents OF
the official ballot, mentioned therein, III
violation OF the right OF the electors
10 acquire information as 10 ana discuss
the character Of public men and public
measures a right inherent IN the nature
and Constitution OF the Government OF
Virginia.
IS because said act violates the free
dom OF elections. and Is otherwise IN
conflict with Article J., section 3 oil the
20 Because said act. so far as ny sec
ton ~ thereof II purports to authorize
the Judges OF election by verbal warrant
TO cause persons 10 be Instantly arrested
and inprisoned not exceeding ten days,
without a trial, for certain supposed or
fences specified therein. depriVes such
persons Of liberty without dus process
Of law in violation OF Article XIV, sec
ZION l. of amendments or the consitu-
ton OF the United states. and OF Arti-
Gle L., section 10, OF the Constitution OF
10. Because said act by divers provis-
ions and especially by the provisions con-
tanned I'm section IL thereof purports 10
make and create of actions by the citi-
gems, which are in themselves harmless,
patriotic and. IL may be, necessary for
the preservation OF free institutions,
crimes and misdemeanors and is, there
fore, tyranncal and repugnant TO the
inherent rights of Virginia citizenship,
and Is In violation of Article l.. section
q, OF the Constitution Of virginia, and
OF Article TX. and Article y. Of the
amendments OF the Constitution of the
United States. md
IL. Because said act is in violation of
other constitutional rights OF the citi-
zens, ax-payers and electors, not spe-
cially mentioned herein"
THE BRIEF.
Accompanying the petition is a brief
filed by counsel for the petitioners, IN
which the many interesting questions of
Law arsSing upon the re ,ord are thoroughly
discussed. We feel. therefore. that upon
the part OF the petitioners, at least, we
are In possession OF all the means OF
information which would be accessible to
us were the appeal allowed and the case
set down FOR argument We feel, too,
that the questions presented are OF the
utmost interest to every citizen Of the
state. We are upon the eve OF an election,
in which many important offices are 10 be
filled and il is much To be desired that
all uncertainty as TO the law under which
these elections are TO be conducted should
be removed. ana 10 is. therefore. mat
ter OF congratulation that the plaintiffs
have in presenting their case 10 us.
thrown sufficient light upon IL TO enable
us 70 dispose OF II without delay and
with entire confidence.
Our conception OF the law and the duties
imposed by u upon the various .nstru
mentnlifies which II creates Will be bet
ter understood ~ presented as whole
than by the discussion of its separate
and independent features. II will not be
disputed
First That the right of suffrage IS de-
rived from the Constitution OF the State,
and 10 II we look for the qualification
Of voters and the limitations and restric-
lions upon the right of voting, in other
words TO ascertain who may or who may
not vote.
SECOND. The Legislature cannot pre-