The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-04-22

ti,o understood prerequisite is being de-
oinrefI unnecessary in tho view that Is
taken n IT, and that any person who
can vote for members OF the d'ene cru
Assembly, when II next becomes heees.
sary for them to be- chosen, can Se ~
now III any local lection--Rich ,io 81
instpnce. h Nevorthsless this IS IN I H,
what is being claimed, and me 9. matter fl' ''''
i, AZ he soon brought to some test.
= ''1tm17 y PECULIAR SITUATION.
r,ra situation In Barton Heights Is Pc
,,,1,,r srlierc is an election of town Oh Of
ricrra IN the second Tuesday or Jun no
ont OF a possible vote of la9 Or ther I,,
ohonts. about 40 persons paid their pol POI.
taxes in time to escape the SIX montns.
i,n,it THESE forty constitute the eiect4 = :
~ ~. town Of carton Heights me ilst
sinos not include a we'll known minister,
:, Former. member Of the Legislature ah an q
otter citizens of prominence. u,
T'he Mayor OF the town, MT ,; =. ~
stnrritt, and two counciimen, Mess. Z
Robinson and Martensteinl,, o ;a IN, -
t ~ stand for rejection. and IT Is now
,uastion whether man not qualltl g,
4 y, ynta can fill office. Mayor 5tarrlt.
Mas held the position seven years. ana
,vou,d he chosen again. Lawyers huse
been consulted, and the matter IS no"
seing investigated. .,,. 90,
The Constitution provides (section ~
that every person qualified TO vote sha ~.
5e ell 'gible to any Office or the S'aee. -
AZ any county, city, town., etc. II Is
,a,d tiat this does not mean qualiflcatio,ln
=, vote in a particular election, but quai
Sfication In general absence Of any. az ls-
,hilities that might prevent the calldldale
s,rnn, voting IL he compiled with all regu u
atoms. Furthermore, 1t is held that TINS =,
question cannot be raised until the o1i Il
,ars are sworn in. This Will not occur II
barton Heights until September, ana J. ny
that time the three men will be guam e, ed
vote AS soon as they discovered the
ten they paid the tax, and are IN time
IN the November election, though not
'or the local election In June.
Al All events, there Is obody to prevent
hc Mayor from running, and If he IS
,leoted by the people there is nobody
% Irule him out. He will probably follow
his course. After lie is in Office again
IN appear might be taken from MS court,
.or Instance, to the Circuit Court OF the
,o,,nty. where the question might be
esfed on the ground that. he had no
MORE VITAL QUESTION.
The broader question, however, con-
,erns the subject in a more vital way.
Among those who failed to pay up, but
who has now paid and can vote III NO
yember, and where there Is an election
sor tic General Assembly. is a prominent
attorney and momber Of tho last Legis-
allure. This gentleman Is now consid-
.rlng the ACCESSIBILITY of testing the
heretofore accepted law that he cannot
vote in the June election In tho little
town because he did not pay six months
ahead. He claims that his ability to- vote
for the General Assembly gives him the
right to vote also In the local election.
The Constitution (sectionE I'D provides
that "any person registered to vote 'lil-
der the last two sections shall haze the
right to vote for members of the General
Assembly. and all officers elective by the
people, subject to the following condt-
tons:
% (old soldIers), shall as prerequisite
% the right to vote after the first day
Of January, 1904, personally pay, at least
SIX months prior to the election, oil State
poll taxes assessed or assessable against
him under the Constitution during the
three years preceding that In which he
offers ITO vote. etc"
53 In succeeding section (3S) the Con-
stitutlon provides further with reference
to the registration matter;
( Section 80. After the first day OF jan
uary. nineteen hundred and four, the
treasurer or each county and city shall.
at least five months before each reg
ular election. file with the clerk Of the
Circuit Court OF Ills county or Of the
Corporation Court Of Ills city, n list Of
all persons In his county or city. who
have paid not later than six months
prior to such election. the State poll
taxes required by this Constitution, dur-
Ing tho three years next preceding that
in which such election Is heidi which list
shall be arranged alphabetically, by
mngisterial districts or wards shall state
tile white ana colored persons separately,
and shall be verified by tho oath of the
treasurer. The clerk, within ten days
from the receipt of the list shall make
and certify IA sufficient number of copies
thereof, and shall deliver one copy for
each voting place In his county or city,
to the sheriff OF tho county or sergeant
OF the city. whose duty It shall be to
post one copy, without delay, at each
of tho voting places, and. within ten
days from the receipt thereof, to make
return on oath to tho clerk. as to the
places where, and dates at winch said
copies were respectfully posted; which
return the clerk shall record in book
kept In his Office for the purpose; and
he shnll keep In his Office for public in
spection, for a t least sixty days after re-
celying tho list, not less than ten certl-
fled copies thereof, and also cause tho
list to DO published in such other manner
as may be prescribed ny law; tho original
list returned by tho treasurer shall Ia
filed and preserved by tho clerk among
the public records OF his Office for at
least five years after receiving the same.
Within thirty days after the list has
been SO posted. any person who shall
huyc-paid his capltation tax. but whose
name is omitted from the certified list,
MAY. after five days written notice Ia
the treasurer. apply to the Circuit Court
- 10 ,n,,nty ar Coroporation Court Of