The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-02-15
VOTE OF FREEHOLDERS.
A Misapprehension as to Our New SUI
frage Laws. A54a,lss... 2

A MisapprehenSion as 70 Su' I've" -
frage Laws. Atasls,.. ),
Editor OF The Times Dispatch:
sIr-Our nezm Constitution. 1t seems! -
nuite easily misunderstood on sons ..
It's points, and even our best Legislators
are liable without frequent occurrences renee
TO its exact terms, to draw wrong con-
clusions from It 49,, :. !, =
For instance, I understand there IS an
opinion that a law making the vote ~
some proportion OF freeholders. IN addi-
ton to the popular vote, necessary In
certain class Of elections. Is unconstltu-
tional. The view is that the new Con-
stitution has fixed the qualifications OF
voters and that the Legislature cannot
alter them by adding free-hoidins
qualification for any purpose. This view
Is certainly erroneous. Where there ID
to be an election to decide some quest ton,
the suffrage article OF the new Consueu.
ton does not apply at all. That article
applies only where and when the peo-
pie are voting for members Of the Cen
cral Assembly and all other officers cleo
tive by the people," See Sec. 49, When
we vote for men, the now suffrage law
applies; when we vote on any question,
1T does not apply unless the legislature,
by an act. makes 1t applicable. In other
words the new Cons ttution has not es-
tnblished a general electorate for the
State at all-its electorate is a special
one for electing officers. And hence tn:
Legislature may prescribe the qualifica-
tons Of voters. in fact must do So when
the election is to decide public ques-
stion-such question. for example. as
Liquor or mo Liquor. % It's elector-
ate for Questions however, must be
general and not differing in different To-
calities. In q focal option election ~
is perfectly competent for the Legisla-N
ture, by a general law. to say there
shall be universal suffrage" such as
prevailed before the new Constitution
came. or that only those should vote In
the local option election who can vote
for officers now under restricted SUI
frage. In municipal election to de-
termine a bond issue. 1t is perfectly COM
petent for the Legislature to say. IL It
chooses. that only freeholders can vote
and, If 1t chooses, only freeholders, whp,
under the new Constitution, can vote for
Officers elective by the people," In al
election to determine whether territory
should be annexed to O city the Legisla-
ture can say that a majority Of free
holders, who pay the taxes. shall be In
Guided in majority of the popular vote
before annexations take place. There
would be no faint Of unconstitutionality
in this.
The late Constitutional Convention act
ed advisedy In this matter and Is guilty
of no inadyertence. The new suffrage
law applies only in tho election OF mon
to office because the convention wanted
and intended to leave the qualifications
OF voters, when questions, and not rep
resentatiyes or officers, wero before tho
people, to tho decision Of the Legislature,
The suffrage provision OF the former
ole ~ tad
only In the election of members OF the
General Assembly and all other officers
elected by the people," When It first
went into effect it applied in all elections
--"upon all questions submitted to the
people;" but In 1876 1t was amended so
as to read as first stated. Tho idea Of
that amendment was to give the Legisla-
ture the power to say that the free
holders and taxpayers should have
voice In elections on bond Issues. rail-
road subscriptions. &C., and that such
issues should not be decided solely by
manhood suffrage which need not bother
over who would pay the piper. That
amendment was common sense and JUS
tice and tho late Constitutional Con-
vention deliberately stood by 1t and
gave 1t the Same effect In tho new In
Stuument. Whenever the owners Of
land, which cannot run away to escape
taxes. aro in the position of Jones he
pays the freig.t," the Legislature can
now Eiye them as potent voice as It
ever could before tho now Constitution
was enacted. And this 1t should do,
me general laws of tho State to-day
make railroad subscriptions dependent
upon vote OF freeholders. The fact
that counties and cities, under. the new
Constitution (seo. 1850, may no longer
subscribe to railroads, &C., does not in
the least affect the principle OF the
freehold vote. which the new Constitu-
ton pnrposely loft the Legislature free
to continue n
III Daayllle, Va, gsb (, I Asij!sssi J.