The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-04-12
THE WALTON LAW SUSTAINED
lhe Supreme Courtof Appeals Rem
ders Its Decision.
CASE OF BRUNSWICK COUNTY.
The Law is Upheld as Constitutional
in Every Detail bya Unanimous Vote
OF the Judges. Details Of the De-
cision. legislatures Mo-
lives Commended.

RICHMOND, Va. April 1.-THE Su-
Preme Court OF Appeals to-day handed
down M opinion, written by Judge
Meth, IN which it holds thnt the Wal.
ton election law is constitutional. The
case was that of Pearson ct ais VS..
Board of Supervisors of Brunswick
county ct ais. The plaintiff alleged
that tue Walton election law, under
which the election last Fall was held,
was unconstitutionnl, and that the ex
penses thereof could not lawfully be
paid out of the general levy.
They petitioncd the Circuit Court of
Brunswick to eDjoin The Board of Su-
pervisots from paving the expenses.
Tho Circuit Court denied the iniuuo-
ton asked for and the petitioners Cur
rIed their cases to the Court of Ap.
peals. Tho appeal was denied, but
Judge Keith says that rs an election is
approaching ami rs there is uncertainty
as to tho Walton law, he thinks it well
Tor The court TO dispose Of the matter
without delay. The court first lays
down these general rules:
l. That tho right of suffrage is de
rived from the Constitution of the
State, and to 1t We look for the uualifi
cation of voters aud the limitations
and restrictions upon the right OF
voting.
=. The Legislature cannot prescribe
qualification additional to those found
In the Constitution.
.. There is no educational Qualifica
ton prescribed by our constitution and
person otherwise qualified to vote. NO
matter how ignorant he may be. Is en-
titled to vote.
4. The sole function of the Legisla-
tnre. with respect to the exercise Of
the right OF suffrage, is to provide the
mode IN which those entitled to vote
may do 80 and hayetheir votes counted
anu to guard against improper, illegal
and fraudulent voting.
.. 10 this end the Legislature NAV
adopt ana euforce reasonable rules and
regulations to secure the one aud pre-
vent the other.
Il. Bnt If under cover of n law to
regulate voting, provision is intro
dnced into the inv which virtually es-
tnbiishes test OF the qualification of
the voter, additional to those prescribed
IN the constitution, such provision of
the law transcends the power of the
Legislature and is null aud void,
The court then applies these propo.
sitions to the Walton law, and at preut
length goes into every detail. paying
special attention, however, to the vot,
lug booth and the special constable
features.
These provisions seem to be not
only reasonable, bnt we'll adapted to
secure the end in view, so far as the
voter Is concerned, who is able to pre-
pare his own ballot. With the igno.
rant voter, however, the case is differ
cnt 1t is obvious that one who from
either physically or Intellectual blind
ness Is unable TO read. is wholly in
capable OF voting by ballot without
assistance from some quarter. The
law recognizes this and provides for
II. Then follows reference to that
provision Of the law creating the
special constable.
1T cannot be denied" continues the
opinion THAT great trust is imposed
In him (the special copstable) and that
wherever confidence is given, it Is
liable TO be abused. We do not think.
however, that all the elaborate pro-
Visions OF the act are but artfui expe-
dlents contrived for the purpose of de
luding, entrapping ana dofrauding the
lg:orant voters OF the Commonwealth,
60 NHi' bSu W tue iciltlOucrs.
Going more minutely into the duty
OF the constable. the court says chat
IN section 10 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 IN.
able 10y defective education to read,
every assistance asked for and re
CURED by the elector to aid him in
preparing his ballot.
In conclusion the court saws: "It
cannot be doubted that it was the pnr
pose OF the Legislature to frame u law
which would promote fair elections. Ii
may he that experience may develop
unexpected defects in the agencies EN-.
pioyed which will call for legislative
correction. If such is the case the
remedy will, no doubt, in due time he
applied" The question of alternating
names on ballots was not dealt with.
oar Next >prcini Snis
Takes place next Monday, April 18th,
when we will place on sale several Of
the most surprising bargains ever
offered the public of this section of the
country For tha Ina appn oC tl,io ,,,aol.