The times. [volume] (Richmond, Va.) 1890-1903, 1902-09-09
RESIDENCE is AN
IMPORTANT THING
Judge Wallace Sustains Board
in Stengle Case.
WILL HAVE SWEEPING EFFECT
Mas Made to Keep Out Floating Negro
Population-Persons Not Able
TO Establish Residence
Cannot Register.

Judge Wallace, of the Corporation
Court OF the city of Fredericksburg, only
yesterday rendered 4 far reaching and
important decision in the case of Mr..
Charles L Stcrgle, OF the Free Lance,
who appealed from the decision of the
Board OF REGISTRARS, which body had re-
fused 10 allow him to register on the
grounds that he had not been a resident
OF the city for twelve months required
by the new Constitution. Judge Wallace
sustained the Board of Registrars. and
has behind his decision an unofficial
opinion on the subject from Attorney
General Anderson. Senator Glass how
ever, sent Mr.. Stengle a telegram which
was read In court. giving as his opinion
that such was not the intention of the
convention when tho suffrage ordinance
was framed.
WILL LIKELY STAND.
The decision Will stand unless reversed
by the Supreme Court, whore 1t will not
likely be taken, and it is regarded as
very important one, as 1t involves the
night of a great many persons III VIZ
Etnia to register.
The effect OF the decision is that a
citizen who has not resided in the State
two years, in the county or city one
year and precinct three months prior to
the time he offers to register, he is de-
barred until the next registration. This
provision Will keep off a great many per
sons who have recently removed their
residence but who have all the other
qualifications requisite to a proper and
legal registration. It Is the opinion Of
many that the provision was designed to
prevent the floating negro population
from colonizinE for purposes of regis
;ration.
MAJOR ANDERSoN'S VIEWS.
Before the case came TO trial yester-
day the Free Lance, of which Mr..
Stengle is part owner sent the following
request 10 Acknowledgement Anderson
Fredericksburg, Va. Sept. S. 1902
hon. VIM. a. Anderson. Attolney-Gene-
raj, Richmond. Va.
Did Convention intend to disfranchise
white property owners who had qualified
as to residence under old Constitution and
voted. when only failure now would be
lack OF twelve months city residence?
Wire answer, my expense.
THE FREE LANCE.
Major Anderson at once sent the fol-
lowing reply:
Richmond. Va. Sept s, 1902.
To Free Lance. Fredericksburg Va:
The requirements of residence in the
new Constitution were designed to cimi-
nate n large number of floating voters.
who We're a menace to the welfare Of
the State They were adopted FOR The
same reason which prompted other
Southern States TO adopt similar provi
sions, and will, douStless, get rid of ten
unworthy votes for every good man
whose right to vote Is postponed Mel
Their compliance with requirements of old
Constitution for ownership of property
will avail anything If citizen has not
resided in the State. county. or city
for time required by new Constitution.
These requirements have for years
operated satisfactorily in other Southern
States, and they are doing good now in
Virginia.
WILLIAM A. ANDERSON.
Major Anderson said yesterday that the
regarded the provision one OF the
most potent in the new Cosntitution, and
that II had been embodied in all of
the suffrage plans considered by the late
Convention
THE TRIAL HAD.
The following special dispatch TO the
Times from Fredericksburg tells of the
very Interesting trial there yesterday:
The appeal of Mr.. Charles l.
Stengle from the decision of the Board
OF Registrars of the upper ward in this
city came up before Judge Wallace in
the Corporation Court this morning. Mr.
Stengle appeared in his own behalf and
commemorative Attorney Embrey for
the State.
The question which Will affect the reg
istration of a large number of voters
all over the State was whether or not
man entitled to vote under the old Con-
stitution and coming UP to al the re-
euirements under the except as TO
Twelve months residence under clause
IS could be denied the right to register
request to Acknowledgement Anderson:
Mr. Stengle, after producing in court
telegram for Hon. Carter Glass, saying
that the clause should not be used to
prevent the registration of such per-
sons. argued the case at length. Mr.
Ernbrey replied briefly, stating that de-
spite Mr.. Glass the law was clear on the
point in despite and the court rendered
a decision adverse to Stengle. Judge
Wallace in the decision stated that he
was expected to construe the law as il
appeared in the Constitution and could
not allow himself TO be influenced by
what this or that member of the Con-
stitutional Convention intended the law
TO mean The decision Is a very i'm
portant one and has been awaited with
much interest.