The times. [volume] (Richmond, Va.) 1890-1903, 1897-10-28
PARKER BILL DEFECTIVE,
1t Does Not Read as its Framers
Intended il Should.
TWO LITTLE WORDS ARE MISSING.
This Being the Case, Legislative Aspiranis
Can Adopt Any Method They May
Choose To Give Notice OF Their Can
didacy 10 Clerks of the Courts.


a great deal OF interest IS felt here in
the decision OF Circuit Judge Mclaughlin
concerning one Of the provisions of the
Parker amendment to the walton eIec-
ton law.
10 appears from Judge McLaushlIn's
construction Of the provisions OF the set
that there is serious defect I'm tho
Parker BILL The omission Of two words
makes a material difference In the method
prescribed for Legislative candidates 10
get their names on the official ballot.
THE CASE IN POINT
Judge Mclaughlin sitting at IIarrison-
burg. issued mandamus compelling the
Electoral Board OF Rockbridge 90 place
the name of James r. Mccormick upon
the official ballot Mccormick was the
nominee of the Republican Senatorial
Convention Tor the counties Of Rockbrdge.
BototOurt Highland. Allegheny. and
Bath. but at first he declined 20 run
Just day or two before the time fixed
by law for ceruhoation Mr.. McCormick
decided t0 run. and by n telephone mos
sage 10 Mr. James =. Frazier authorized
sary papers Acting ON this. Mr.. Frazier
signed McCormicks name 20 certificate
that be was a candidate and sent 10 20
the clerk Of each county I'm the district.
All Of the Electoral Boards except that u
Rockbridge put his name ON the ballot.
and by counsel Mr.. Mccormick applied
10 Judge Mclaughlin for the mandamus.
The Judge holds that since the change
from the Walton 10 the Parker law can
didates for local offices are not required
to give any special form Of notice 20 ths
county clerks but that any kind of no.
tice. even a verbal one would be sufii-
cicnt
PROVISIONS OF THE BILL
The NTH section OF the Parker bill
reads as follows.
ANY person who intends 10 Doe "a cane
didate for any office. state or National. t.
be elected by the electors of the state 40
large or of congressional district shall.
at least twenty days before such election.
notify the Secretary of the Common
wealth in writing. aitested hy tWo wii.
ncssos of such intention designating the
office for which he is candidate. such
written notice shall Doe signed hy the said
candidate out o. he be- Incapable of writing
his proper signature. then some mark
adopted hy him 1s hs siguatlre shalt
be Acknowledged before a Justice of the
peace or other officer authorized tO take
acknowledgements 90 deeds and in the
same manner Any person who intends
10 bo "a candidate for amy office not en-
hraced I'm the foregoing at any election
shall give notice at least twenty AaHi
before such election to the clerk or clerks
of the county or nustings courts ot me
various county or counties or the city or
cities whose electors vote for the candi-
date for such Office. No person not an-
nouncng his candidacy as provided Tor
above shall have his name printed on
the ballots provided FOR ouch election.
ON receipt of che foregoing notice it
shall be the duty of the Secretary of the
Commonwealth on the said clerk or clerks
10 Immediately notify the secretary oi
each electoral board of each county or
citv of the state ON of said coner's siondl
district
THE OMISSION
II will he seen hy reading the extract
quoted that candidates for state or Na-
tional offices. to De- voted for by tho
electors at large and candidates for con-
eross arc required to inform the Secretary
of the Commonwealth in writing ot their
| candidacy and their signatures are 10 %"
witnessed by two persons. but e'nnl-
| dates for all other offices are To 7impy
|
I'm other words. judge Mclaughlin
decides. all candidate for the lcsia'a-
ture has to do is to choose his own meth
od of informing the court clerks of ms
Ir WAS AN OVERSIGHT
4 Times reporter talked with gentle
men who bad part boo tho framing OF ih'
| Parker bill They Say DO was the purpose
of the trainers of the measure O" insert
the words "a similar before notice ~
the second provision of the sectioiL l'7"
words. "a similar were in ine Nhl''n
! law which was amended and ho" lhey
| got loft out OF the Parker hill no one ~"
| tcI. but y is generally in"nRhi lhe 'in'
sion was duc to clerical error.
| "DETAILS or THE CASE.
A speciaI DO The Times from HARRISON
! burg gives the followins n.taii9 "' ''''
! case before Judge Mcit"s.''l.' ,,l,. ,,op.
! .on Yesterday Jud-o William Mci.'u
] lin ~ tho Circuit Court. issued "a Wiuh'-
/ mfis compelling tne ELECTORAL hoAtd ~
| pCckinpham county % place the nflnf %,
/ lanes w. Mccormick upon lh' oHi,ih,
! the nominee of the Republican Stha,oriai
] Cnnvcnfion FOR the Counucs OF Hp'N
/ tridco. BOtct0urt and Highland htlh ' 1iln
/ hfloehany. At first he d'clhtI ,o ,.,,. ll,,,
| but later gave authority hy l'icti.o.s
| ,,.ste,e ~ Mr. Jnmf-s a. frazier, OF ihat
| rounfv 10 sign his tMc'otuicn - u".i.,. -
| 10 any necessary papers ahnou ~ ~, .n,'
capdIdacv. Mr Frazier signed Nc 'Dt, ,',,
micks name 90 paper ''.lll'i ',,,,, w. or
[ nomination and malied n 10 ihf ti'Ih u ~
~ tge,.toral Board ~ reached the clerk
~, er mo last day within which nouce
was required BY law 10 De- sven 20 I. ,ne
Electoral Board. Tho boird was ~ -
--,,t.d 80 Mr. lrfculfo leicnef, WHO af :
e,,,cd mat the notice given 90 the Doaft
60, not in the form required ~ law ana
tbsf such notice could only De signed py
tie candidate himself Mt ,d, Mil,'.i 80, ~ nv Nv
me amendment which the ParAer it"
made 10 the Walton law. no especlai 'otm
- notice was requisite. and could pe giEsn
through third person Jupse ~ 80
H. stletained the contention or MT. NC
~ - - :. - the maulL mus