The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-10-04
THE BARKSDALE LAW.

|
the Democratic party of Virginia declared:
THAT in arriving at this conclusion this
| committee does not wish to be understooo
as in any manner condon1ng VlohlioNs
| ri what is known as the Barksdae pure
elections law, but on the contrary we
| wish to see the prov isions Of that law APP
piled to all primary elections. as well as
regular elections, and that no man snail
| be awarded a certificate Of nomination
| as n Democratic nGalinee who has IN any
| manner violated otier the letter or spirit
| of that law; and that this committee
pledges its best Efforts at all times to pro-
mote and secure purity in all elections,
primary or general, In every part OF the
State"
It Is apparent from this that whatever
i differences of opinion may exist among
| lawyers or others Us to whether or not
the Barksdale pure elections law is now
In effect, there can 7oo no doubt that the
| state Central Commit ttee recognizes 1t as
the law of the State and the law of the
Democratic party, and insists that 1t be
observed by party candidates and party
authorities
Senator W. P. Bark dale. author OF this
statute, holds that 1t 49, in force, and cites
| as authority letter from Attorney Gen
eral Anderson written on July sth, and
which was published in our news columns
yesterday. in which he says in general
| terms that in his opinion an act of the
| General Assembly, passed during the ex-
| ira session of 1ao2-'O3, which omits to pre-
scribe at what time 1t should take effect,
| i,tN off II
| 1t may be that this question will be test
| ed by and by In the courts. but until the
courts have decided otherwise the law
should be recognized and enforced.
Senator Barksdale protests that there
are no defects in the act which could
have been avoided In the absence of
general legalized primary law. But he
thinks that the law can be made en-
tirely effective In spite of It's embarrass-
nents on this score. He contxmds that I'M
der section three every candidate before
nominating convention or primary must
within thirty days after such convention
or primary, make out and f1e with the
officer or board empowered by law to
Issue certificates Of election to such
Office or place, and a duplicate thereof.
with the clerk Of the county or corpora
ton court for any county or city in
which such candidate resides statement
In writing. which statement and dupli-
cate shall be subscribed and sworn to
by such candidate before an officer au-
thorized to administer such oaths. set
ting forth in detail all sums Of money
contributed, disbursed, expended or prom
Used by him. and to the best of his knowl-
edge and belief by any person or per-
sons In his behalf, wholly or in Iart
endeavoring to secure his nomination to
such Office" He insists that this applies
to candidates before convention or
primary, as we'll as to candidates before
regular election.
He says that he thoroughly considered
this phase Of the question, but found that
in the absence of a general legauzed
primary law he could not reach by this
; act tho party authorities whose duty
1t Is to certify to the nomination Of a
party candidate. Nevertheless he thinks
) that the party authorities will be com.
interest of the party and the party nom-
] inees, 10 comply with the provisions of
the law. He asserts that the candidates
I in all instances can be compelled under
$ this act to file with the proper authori-
ties the certificates above noted If the
8 party nominee should fail to do so and
$ should afterwards be elected, under Sec
: ton 4 he would be deprived of his certifi-
y Gates OF election. for section provides
c that no officer or board authorized by
law to issue commissions or certificates
r of election shall issue any such certifi-
II cate or commission to any such person
!. until such statement or oath shall have
y been so made, verified and filed by sucl
II persons with said officer"
"a EIe admits that section does not appi,
Y except by inference to primary elections
e This section provides that In any con
Il test over the election OF any officer In
!. this Commonwealth, II II be alleged r
the notice OF contestant that the Prov
- sions or any OF them. of this act have
been violated by the contestee, or by hi
friends and adherents with his knowl
:, edge ana consent. and !, so appears upor
the trial Of said contest then said cleo
tion shall be declared null and void ant
- of no effect. unless 1t also appears tina
the contestant is entitled to the onic
- for which he is contestfng."
'. This clause applies to regular election
AZ only. but Mr., Barksdale says that Il
" primary contests the party authorize
10 In any county or city could not afford
~ ignore IT and certify to tho nominatio
70 OF a candidate before convention q
ne primary who had violated the spirit O
IT. letter OF the law In Improperly usln
Isl money to influence votes To put VI
tn such candidate no contends, would |
es TO invite opposition from the other part
la' and 10 invite defeat; or, If not defea
Ia to invite contest with full knowlede
ed that the certificate of election woul
IN | be withheld from fhe man ea,t.d N,