The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1895-04-12

'AoAOn Aok vOtihR hOOeHo anu opeClal
Constables Specially Examined.
RICHMOND, Va, April 1.-THE court
of appeals to-day handed down an
opinion, written by Judge Keith, presi-
dent Of the court, in which 1t holds that
the Walton election law is constitu-
tional. The case in point is of Pearson
ct al. vs.. board of supervisors Of Bruns-
wick county ct al. The plaintiff alleges
that the Walton election, under which
the election last fall was held, is I'M
constitutional, and that the expenses
thereof cannot lawfully be appropriated
out Of the general levy. They pc
titioned the circuit court of Brunswick
to enjoin the board Of supervisors from
paying the expenses. The circuit court
denied the Injunction asked for, and the
petitioners brought their case to the
court of appeals. The appeal WAS
denied, but Judge Keith says, as an
election is approaching, and as there is
uncertainty as TO the Walton law, he
thinks it we'll for the court to dispose of
the matter without delay.
The court first lays down the general
derived from the constitution of the
State and to 1t we look for the qualifl-
cation of voters and the limitations and
restrictions upon the right Of voting.
Q. The legislature cannot prescribe any
qualifications to those found in the con-
stitution. 8. That there is no educa..
tional qualification prescribed. by our
constitution and a person otherwise
qualified to vote, no matter how igno-
rant he may be, is entitled to vote. 4.
The sole function OF the Legislature 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 to guard
against improper or fraudulent voting.
5. To this end the Legislature may
adopt and enforce reasonable rules and
regulations 10 secure tho one and pre-
vent the other. 6. But II under cover
OF law to regulate voting provision
/, introduced into the law which vir-
sually establishes q test of the quali6-
cations OF the voter, additional to those
prescribed in the conctisu lion, such pro.
vision of the la W trans :ends the power
o. the Legislature and is null and void.
Tho court then applies the PROPOSE
tions to the Walton law and at great
length goes into every detail, paying
cPSOtoi 6khCutlOu nOH6YGTt CD Lu6 VOLlDR
booth and the special constable features.
AS to the voting booth the court says:
These propositions seem to be not only
reasonable, but we'll adapted to secure
the end In view so far as the voter Is
concerned who Is able to prepare his
own ballot. With the ignorant voter,
however, the case Is different. H. 10 OBJ
vious that one who, either from physic al
or intellectual blindness, Ia unable to
read, is wholly incapable of voting by
ballot without assistance from some
quarter. The law recognizes this and
provides for it.
Then follows a reference to that pro-
vision of the law creating the special
constable. ut cannot BIO denied" con-
tinuea the opinion, THAT o great Arust
and that whenever confidence is given,
it Is liable to be abused. We do not
think, however, that all she elaborate
provisions of the act are but arsful ex-
pedien,s contrived for the purpose OF
deluding. entrapping and defrauding
the ignorant voters of the common
wealth, as charged by The petitioners"
f3oirg more infinitely into the duty of
tho constable, the court says that in
section Is, of the State, MAY" means
'Shall" and that 1t is the bounded duty
OF the special constable to render to him
who is blind or unable by detective
education to read every assistance asked
for and required by the elector TO aid
him in preparing his ballot
In conclusion the court says: ut
cannot be doubted that it WAS the pur.
pose OF the legislature to frame law
which would promote fair elections. 1t
may BIO that experience mAy develop
unexpected defects in the agencies en- =
ployed which will call for legislative
correction. II such is the case the
remedy will no doubt in due time be
applied. The people are with us the
source OF all honor and power. Their
will is expressed by elections by ballot
1t is for ssthem to see that the agencies
EN- ployed to collect their will are kept
from all faint of fraud and corruption
| and as far as may be from sny suspicion
of it. 1t is idle to hope for honest
officials and honest government as the
result Of dishonest elections. The leg
islature has done we'll therefore to
shelter and protect the voter and
especially ignorant voter from every
influence inimical to She free exercise
OF the trust which the State has reposed
in him." The question Of alternating
names on the ballot was not dealt with