The times. [volume] (Richmond, Va.) 1890-1903, 1895-04-14
. urscoscEprrox OF THE OPINION


A MISCONCEPTIONS OF THE OP'N'"N'
In delivering It's opinion on THURSDAY
last upon the constitutionality OF inc
Walton election law. in which, with SOL
emn and earnest words. the Court oil
Anneals reminded the people Of Virginia
that there can be no honest government
with dishonest elections, in answer 70 tnc
argument pressed on it that the speciai
constable feature Of the law was unwise'
vexattous and impertinent interference
with the secrecy OF the ballot, the court
said that 1t could not revise any matter
which pertained TO the manner IN winch
the Legislature exercise the power
which the Constitution confers upon IL
! that its functions were confined to eX-
aiming the question whether the act
under consideration was within The scope
of the power. and If it found that 1t
vas its control Of the case came 10 an
end. In this connection the Court said:
"lt cannot be doubted that it was the
/ nurpose OF the Legislature TO frame
/ law which would promote fair elections.
! The Dispatch has seized on this Ian
guage. and it insists that it knocks
s<v-high the theory which has prevailed
with some that the Walton law was con-
ceived in fraud and designed to cheat
iliterate men out Of their votes
Blu, We must point ont that it does not
knock that theory sky-high," or any
other nigh"
The Court of Appeals Is one OF the CO.
ordinate departments Of the state gov
eminent. and II cannot. OF course. call
in question the honesty ana good faith Of
an act of it's coordinate department, the
| LEGISLATURE The Court is bound 10 pre-
sumo that all OF the acts Of the Lcgisla-
ture arc enacted to carry out In good
faith the powers with which the Consu-
tuition clothes it. This is one Of the most
familiar and elementary principles upon
| which courts proceed in the administia-
ton of the law. The Court az Appeals
| meant no more. therefore. In the sentence
quoted. than To say that 10 was. OF course,
bound TO prcsumc that the Walton law
was passed by the Legislature 70 promote
fair elections. IT could not, OF course, ac-
cuse its coordinate department OF I'M
tending to practice a fraud and that
was all the Court meant II did not y can
4, express the individual opinion OF any
Judge. as a citizen. upon the question
II meant to announce tho view which
the Court as a court, was compelled By
its official relations TO the matter TO
hold
II is with good reason believed that the
Walton law was intended 10 be a cheap
means Of porpetrating frauds in the negro
counties that had become TOO expensive
for the resources at command ara
though each judge Of the Court OF APP
,,eals may be as we'll satisfied of this, in
his capacity of citizen. as the rest OIL
the people Of Virginia are yet when ne
came to act as part Of Virginia chiei
court ne would Tot imputc sucn an IN
tertion TO the LEGISLATURE. lie was bouna
TO suppose that her Legislature Aad
enacted the statute i'm good faith to m'Ke
an election law for virginia that would
secure fair elections. as far as the Legs
lature was able to foresee.
Everybody who knows anything about
the matter at all knows this to be the
state of the case. and a far more I'M
portant service will be rendered to the
people of Virginia by quoting to ihcm
the Courts solemn admonitoA that ihey
must have a corrupt government IL they
tolerate dishonest elections, than in at
tempting TO make the people believe that
the Court mas given the last Legislature
a certificate of good character IN connec-
ton with the Walton law.
Here is the part of the Courts cpm-
ion which ought to be quoted and press
ca upon the most earnest and solemn at
tcntion of the ople of the state.
"rhc people are with ms. the source Of
an honor ard power. Their VIII ls eN-
pressed by elections by ballot. IL Is LOT
them to sec TO it that the agencies ehi-
Moved 10 collect their viii are kept Tree
from all faint Of naud ana coii p'ioi''
and. as far as may be, from the srspl-
cion of it. II IS idle TO hope for honest
officials and honest government as the
| result of dishonest elections. IL WOuld
be as well to expect AN evil tree TO brlnS
forth good fruit. II fraud Is permitted at
elections. or if the laws under which
elections are held do not make IFS per-
petration both difficult and dangerous.
honest men Will be excluded from all
participation I'm affairs while those who
! have by corrupt practices come INTO
power will not be slow amply TO indcm-
Nifty themselves by peculation for all that
their success may have cost.
There IS advice for the people Of Viz
ginla to hcarken 10. and every we'll
wisher Of Virginia will do them real
service by pressing this advice upon
them. andrurgng them 10 abandon fraud
ulent elections wherever they are now
praclced. in conformity with the Courts
advice.
THE NEW YORK Tribune AND THE
sOtiH