Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-09-20

RIGHTS OF VETERANS
r CONTINUED FROM FIRST PACED
poll tax as a prerequisite to registration,
though others are required to pay such
poll tax.
The language which the Attorney
General construes as excluding the ola
soldiers and which was in The opinion OF
nearly all the members of the late con-
yention in this city, intended to so oper-
ate, is found in section "a, enumerating
those excluded from suffrage It is:
Nor shall an inmate of any charitable
institution, or a student in any inst1tu-s
ton of learning be regarded as having
either gained or lost a residence, as to the
right of suffrage, by reason OF his ioca-
ton or sojourn in such institution
The only questions that can arise IN
constituting this section are as to the
words charitable institution" and
gained or lost residence" The vet
Grams at the home are there as q reward
for their service in the armies OF the
convention framed by and for the people
Of Virginia admitted these old soldiers
TO suffrage as a reward for their service
and further exempted them from poll
taxes.
Would Be Disfranchised.
It is further contended by 4hr. Nuckols
and Dr. Michaels that if these old SOL
diers at the home are excluded from re-
Clustering and voting at the precinct with
in the limits of which they reside, they
will be disfranchfsed, since many, OF them
have resided and voted in this precinct
for six, eight ten, and even sixteen years
in some cases. Many Of them have no
other home, either as a habitation or as
citizens. If these men went to the cities
or counties from whence they came to the
home, they would be ineligible to register
and vote there, not having lived within
the precinct or the county or city Tor the
period required by The law. They must
have lived in the county or city twelve
months, or they cannot register there
Such men, therefore, cannot register at
their former places of residence, and
would by this construction of the Consti-
tuition be DISTINGUISHED. This the regis
trars at Shoemaker's contend was not the
intent of the convention. In their deci-
sion they believe that they are follow
ing the spirit of the law. They feel that
they have no right under the provisions
Of the Constitution to disfranchise these
men, and they contend, as explained, that
refusal to register them here would be
disfranchisement for a year at least.
| Views of Lawyers.
Mr. James W. Gordon. a member of the
late convention, holds that the Attorney
General has correctly construed the law,
and that it was the intention of the
| convention to exclude the old soldiers at
| the homes.
Mr.. D. c. O'F'laherty, Of the law firm
! of O. Flaherty &. Fulton, who has recently
opened an Office in this CITY, is inclined
| to construe the term gained or lost
residence" as a key to the situation.
| To refuse the old soldiers at the home
! registration here would be to make them
lose a residence t'as to the right of suf-
| frage.:'' e
Many views are expressed, the majority
of those heard upholdng the Attorney
| Generals construction of the specific sec
| ton construed. Others contend that to
construe this section alone is very diff.
| ferent from constituting all the sections
of the suffrage article bearing on the
subject
Burden Not All the Soldiers.s
In any event the action of the board
at Shoemaker's has put them on the
] -,
upon the old soldier now. but on those
who contend that he has no vote at that,
precinct A case could be made up by
challenging the vote of one of these old
soldiers at the next election and securing
| judicial construction from the highest
courts. However the case might be de-
I cided, it would only decide the SPECIFIC
/ individual case tested and would not
| operate to overthrow the constitution,
I To in
/ question. The suffrage plan is flexible,
1 many agree, and great scope is pre-
i mitted in it's administration. If the Lam
! guage of the article or. section is con-
/ stitutional, then any judicial interpreta-
! ton would be merely as to the correct
! ness OF its construction.
/ Mr.. Holderby the protesting Judge who
dissented from the conclusions OF his col
! leagues, intimated that the matter would
1 be tested, but just when or how he df.
/ not specify.
On the Other Hand.
The issue at shoemaker's precinct, In
Henrico county, yesterday. over the regis
I tration of the Confederate veterans at
/ the Lee Camp Soldiers Home may lead
/ 10 complications in that precinct. In view
! of the opinion Of Acknowledgement Ans
derson, that the veterans have no right
to register at that precinct, the opinion
/ was held that it will almost certainly
lead to the challenging Of these votes
] whom they are cast.
/ There is no doubt that the clause of
i the new Constitution declaring that the
inmates of any charitable institution do
not secure residency therein so far as the
right to suffrage is concerned, was mat
ter Of vital import to the Second Dis
trict Of this State. in which the National
Soldiers Home Is located, at Hampton,
4 Va BY the terms OF the new Consti-
tuition; the three thousand Federal vete-
4 rams in that institution will not have the
4 privilege Of registering In Elizabeth City
/ county, and it is well understood that
i the clause in question was framed Win
4 view 20 prot the district from that
4 vote, which it is understood is practically
4 Of one political faith. and could hold the
balance Of power in the Second Dis
sIstrict.
Az q Logical Conseauence.
It Isl thought In higher political circles
4 that II the few soldiers In the Lee Camp
4 Soldiers, Home are permit tied to register
4 at Shoemaker IS precinct. there Is nc
4 ground upon Whic q the same privilege
4 should not he granted TO lon vete.
iE1S