Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-04-12

.ional.
The Supreme Court OF Appeals OF Vir-
sinia so declares In an able opinion. rem
sorcd yesterday by its president. Hon.
lanes Keith. and concurred in by all
,f his associates.
The opinion discusses the subject In
pointed and interesting manner, ana de-
serves 20 be generally and carefully read.
Here 1t Is.
The plaintirfs filed their bin in the
Circuit Court Of Brunswick, alleging that
they are citizens and taxpayers Oh tnai
county. and that they are duly quaiii,m..o
voters under the Constitution OF the state
OF Virginia. They aileSe that on me
Sth OF November. 1891. that being inc
day fixed by law for the purpose an
election was held at the various precincts
In the county OF Brunswick, as wei as
throughout the Fourth Congressional DIS
trict of Virginia. for the election OF
representative in the congress OF III, 'nJ
Tinted States. which election was helu
under the provisions of an act OF Inc
General Assembly Of Virginia., entltled
"An Act to Provide for the Method OF
Voting by Ballot" approved March b. 1919,
tn. hiu goes on to state that expenses
we're incurred in payment OF the per uleli1
IF certain officers. the preparation OF
ballots. the construction OF po9uns, r ar
,ther items incidental TO an election uhueI
he terms Of the law referred 70; anu
hat on the Sth of December 1894. the
h.ls covering these expenses were pre-
sented to and allowed by the BOARD ol
Supervisors and warrants were drawn ~
ne board upon the Treasurer OF inc
,ounty for their payment. The plaihr
hhs further allege thaI tne ,n aT, e1IU Is
unconstitutional and VOID, ana ina, '.tE
cannot. therefore. be paid out oi inc
general county levy. .,..,. -
TIE bin states many particulars IN
which Il is supposed that the act IS re-
pugnant 10 the Constitution OF the h,tgu
states and TO that Of the state OF VI
rfniq The Board Of Supervisors ana lhe
treasurer Of Brunswick county. the MEM
bors Of the Electoral Board. the spec.hi
ccustahles who conducted the election
end generally, all those holding Wai
.ants I,non the Treasurer whose validity
arc here denied, are made parties de-
fondant ., r1
,aIue ON TO be heard before the CIR
-uii Court Of Brunswick county. when
refused the Injunction prayed Tor, ana
dismissed the bill. ThereUpon the PLAIN
neal 10 this court which brings the
.ase before us for consideration.
GROUNDS OF THE APPEAL.
The petition alleges that the said act
Is unconstitutional and void; that the
costs OF conducting the said election IN
cured bv putting in operation the pro-
visions OF the said act. are Illegal charges
upon the county levy. and the payment
hereof should be enjoined: ana that me
Paid decree OF the said Circuit Court IS
erroneous for the following reasons; when
reasons are assigned as errors III the sa'c
decree: .,.,,-,o.. ,.,.
steal and educational qualifications Tor
electors in violation OF Article ,, section l,
of the Constitution Of virginia. -,
20 Bcc2 use said act deprlNc5 Sucn el-c-
tors as may be blind or physically or
educatlonally unable to vote. Of the Sc
crecy of their ballots in violation OF Aru-
Gle 3. section ., Of the Constitution OF
~ Because said act prescribes restric-
tions upon the eligibility TO office forbid
den by the Constitution. Of virginia, ana.
therefore, IN violation OF Article ), section
O. of said Constitution.
- Because said act depriNeS the eiec,
tors of equality of civil ana pohucal
rights and public privileges, IN VOCATION
Of Article T. section 20, of the Constitution
-. because said act is repugnant to the
guarantees of the liberty Of speech and
OF the press in violation Of Article /. sec
ton a. and Article . section II, OF the
Constitution of Virginia.
'6. Because said act denies 10 pima
electors. and electors who are physically
Or edncationally unable to vote the equal
protection of the law IN violation Of
Article II OF amendments OF the Consutu-
lion OF the United States.
-. Because said act withholds from the
electors knowledge Of the candidates Tor
oaicc. and knowledge OF the, contents or
violation Of the right of the electors TO
acquire information as to. and discuss the
character of public men and pubic mea,
,t.res a right inherent in the nature and
Constitution of the Government OF VIZ
sinia.
" elections. and is otherwise in conflict
NTH Article l. section s, OF the Constltu-
hon Of Virginia.
20. Because said act, so far as by sec
ion l. thereof IL purports TO authorize
"a. fndO ~ verbal
% cause persons to be instantly arrested
ard imprisoned not exceeding ten days,
Without a trial, for certain supposed Of
fences specified therein. deprives such
persons OF liberty without due process
of law in violation Of Article H. section
of amendments of the Constitution of
the United States and Of Article ]. sec
ton TO- OF the Constitution of Virginia
10. Because said act. by divers pro-
visions. and especially by the provisions
contained in section IL thereof, purports
TO make and create or actions by the citi-
.ens. 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
% Article 9. and Article 10 of the amend
mcnts OF the Constitution of the United
States; and
III. Because said act is in violation of
other constitutional rights Of the citizens,
taxpayers, and electors, not specially
mentioned therein"
OF GREAT PUBLIC INTEREST
Accompanying the petition is brief
hled by counsel for petitioners. in which
the many interesting questions of law
arising upon the record are thoroughly
discussed. We feel. therefore. that upon
the part Of the petitioners at least we are
In possession Of all the means Of in
formation which would be accessible 20
us were the appeal allowed and the case
set down Tor 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 To be
filled. and IL Is much TO be desired that all
uncertainty as 10 the law under which
these elections are 10 be conducted should
be removed. and II is therefore mat
ter of congratulatiOn that the plaintiffs
have. in presenting their case 10 us.
thrown sufficient light upon it TO enable
us to dispose OF II without delay ana
with entire confidence.
Our conception Of the law and the duties
imposed by II upon the various instrli-
mentalities which il creates will be bet
ter understood If presented as a whole
than by the discussion OF its separate and
independent features 1t viii not be dis
puted:
derived from the Constitution OF the State
and 10 II we look for the qualification OF
voters and the limitations and restric-
tons upon the right of voting; In other
NoihS' " 1SS'iteAii WIN VINO may
not vote.
Second The Legislature cannot pre-.
scribe any qualification in addition to
those found In the Constitution. and any
attempt 10 do so openly or covertly di-
rectly or indirectly. is void.
Third, That there is no educational
qualification prescribed by our Constitu-
ton. and u person otherwise qualified tC
vote, no matter how ignorant ne may
be, Is entitled TO vote.
Fourth. The whole function Of the lie.
gislature, 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 votes counted. and
10 guard against improper. Illegal, OF
fraudulent voting.
Fifth, To this end the LEGISLATURE NAV
adopt and enforce reasonable rules and
regulations TO secure the one and pre-
vent the other.
Sixth. But, IL under cover Of q law &c
regulate voting. n provision Is introduced
Into the law which virtually establishes a
test OF the qualification of the voter, ad.
ditonal TO those prescribed in the Con.
stitution. such provision of the law
transcends the power of the Legislature
and 10 null and void
SCHEME OF THE LAW.
Applying these propositions 10 the Law
inder consideration. we find that tho
general scheme OF the law Is TO secure tn,
tkar.,lauca ~ the voter hy Saci,,Ji,.