The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-01-27
CONGRESSIONAL CONTEST
Hon. D, Gardiner Tyler Replies
to Mr.. Borland.
HE DENIES THE ALLEGATIONS
He Explains the Small Vote Cast.
Justifies the Law. Has Been
Elected and Will Maintain
He is Entitled to Repre-
sent the People.

The VIRGINIAN few days ago
stated that Mr.. Tylcr's answer to the
notice OF contest, served by Capt.
Thomas Il. Borland, has been pre-
pared end presented. 1t is nam
moth paper, type written. and
covering twenty-six pages of Legal
cap paper. The answer is dated
Charles City, County, January ODD,
and is signed by Mir. Tyler. The
following extracts will be reud with
interest by the voters OF this section.
Mr.. Tyler says;
except TO your notice, and
protest TINT 1t does not comply with
the requirements of the law; that
the same is vague. uncertain, indie
finite aud insufficient, and does not
give me the notice which the law
intends | shall have when a contest
Is made for seat in Congress,
which has been awarded to the con
testee.
THE WALTON LAW.
LAS to the attack made by Won on
what Is known as the Walton law, ;
which Is the election law of the State
OF Nir9lnia,an is the law under the
provisions of which the election on
the 9th day Of Novem Der, 1894, which
you contest, was held, | deem it
proper to say that the said law is. rs
am advised. constitutional and
valid. and its provisions are as bind.
ing upon you as upon me, and that
by becoming candidates Hereunder,
we submitted our claims to be deter.
mined by its provisions. ] am fur
Their advised that if the SAID law is
constitutional and valid, all cues
lions as to its policy or impolIcy are
lmmaterial in this controversy; but.
nj the same time, III view of Your ut
tack upon it, 1T may be proper to
add that one of the most vital ques-
TONS. in the public estimation, for
many years has been this question OF
THE ELECTIVE FRANCHISE,
and that this question has not ONLY
engaged the atteutiou OF the Legis
Isture Of the State, but of all the
Stntes; that it has been considered
OF the first and greatest Importance
TO adopt provisions of the law a.
would lusure an intelligent, fearless
and independent expression of will,
and would take away from the voter
those influences which would make
MIN but the tool of those who might
establish dominion over him, based
npon superstitution or other power,
"Ihe Australian eystem, which
had been adopted In many States OF
the Union, inevitably attracted at
fentlon. But 1t was found that, by
reason of the printed ballot, it was
necessary to provide some means of
assisting ignorant voters, in order
to avoid the constitutional difficulty
IS to the educational Qualification
for suffrage. Tue outcome of this
agitation in this State was the WAL.
ION law, referred to in your notice
OF contest. which seeks to give to the
Ignorant voter
THE NECESSARY ASSISTANCE,
by providing an officer, designed as
special constable, who Ii sworn
to faithfully perform his duties and
is punished for corrupt violation
thereof by heavy penalty. 1t is
made his duty to give to the unedu.
Gated voter the necessary informa-
ton.
"Ihis law adopts the Australian
syatem, rs to q secret ballot. and
provides for Its preparation and
printing by sworn officers. 1t pro.
tects the voter from Intimidation
and Interference, by providing a se.
cluded place in which he can pre.
pare his ballot; by not allowing nnv
one except the sworn official to an.
prosch within a radius of forty feet
ana by requiring that no official
ballot snail be taken away by this
voter, thus preventing preparation
oil ballots before the voter enter,
the booth, aud, as far as possible
dictatlon as to how he shall vote
The Law also provides that eact
voter can only have one official hal
lot, unless that one should be ma
voidaDly defaced, in which event tn,
defaced ballot must be returned +,
the Judge before another can h,
handed to the voter. 1t will be tim,
seen that it
THE POLICY or THR LAW
to prevent outside interference. in
atSaetion OF dictstion in the man