The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-06-05
For a Registered Voter to Vote
in Local Option
Elections.

GlCSIlS1lSs
The following is an abstract of The opin-
ionfin tbs contested local option election
at Winchester, Va, delivered by Jnnse
Frank p Christian;
9The principal question for detertn'ha'
ton In this case is: Does the law re-
qu!re the personal paSlnent OF poii .a AN,
4 six months in advance of local option
elections In order that the elector ma!
vote ut said election
..The question must be determined D!
the Constitution ana statute law OF TINS
State
"It is a we'll established principle OF
law tina, the Legislature has supreme
power to legislate on all state su'9ecls'
B except In SO far as restra med by me eon-
stitution. So where the Constitution mas
declared who may or who may not vote
3 at certain elections the Legislature can
not directly or Indirectly prescribe any
.da,tioral or different qualifications.
Pearson Us. Supervisors. 81 Va, s22'
But It is equally true. that If the Con
stitution merely prescribes the quailiica-
ton OF voters at elections for members
Of the General Assembly and all oi',cers
elective by the people. the Lesislature
has the power TO prescribe the quailh-
catlon of voters at local option and oEer
Kinds of elections, and may prescrioe
therefor different qualifications from
those fixed by the Constitution for iie
election OF officers. 10 Am. & Eng. EncS'
II aw. o. 81 note 2. Hence the inquiry nat
,rally arises has the Constitution OF.
this State prescribed the qualifications
OF voters for all elections or only certain
ones? In other words what IS mn cleo
/ tion and qualified voter as fixed by the
Constitution? This must be determined
BY the Constitution itself, md the courts.
can not enlarge or restrict that meaning
when plain.
Election In its broadcast sense means
.t.he act OF choosing" but It's most COM
mon use Is, the act of choosing per
con to fiji an office" Therefore. IN which
sense 1t Is used In the Constitution, de-:
ponds on the context or connection where
Il is found. The four substantive pro-,
visions on the subject Of suffrage In the
Virginia Constitution are as follows:
Section is, every male citizen of the
United States. twenty-one years Of age,
who has been a resident OF the State
two years OF the county, city or town
one year, and Of the precinct in which
he offers to vote. thirty days. next pre-.
ceding the election in which he offers
to vote. has been registered. and has paid
his state poll taxes, as hereinafter re-
quired. shall be entitled to vote for men,
bers Of the General Assembly and an
officers elective by the people, etc.
5ss4 Section 10 provides for the permanent
registration roll of voters prior to Janu-
airy /. 1904. and section 20 for regis
. tration after January l, 1904, subject to
poll tax prerequisite and educational
qualifications; then section q says: ANY
NJ person registered under either of the last
n two sections shall have the right to vote
for members of the General Assembly
and all officers elective by the people
Y subject to the following conditions" That
y he, unless exempted by section 22, SHALL
y as a prerequisite to the right to vote
after the first day Of January, 1904, per-
81 sonally pay, at least six months prior
\ TO the election all State poll taxes as
sessed or assessable against him, under
4 this Constitution. during the three years
next preceding that in which he offers
IT. to vote" etc.
3a The Constitution also fixes the time, be-
You'd the control of the Legislature. when
elections for members Of the General
& Assembly and other elective officers shall
]. occur, EXCEPT in Gaze Of city and town
officers, because by section 26 the Legis-
lature may prescribe II property quail
s#f1cation for voters for the latter, All
other provisions contained therein in re-
n gard to elections by the people will be
found to be intended to give effect and
safeguard elections for officers.
81 1t is manifest therefore. that the cleo
tons controlled by the Constitution are
those for the choosing OF the members
: OF the General Assembly and other cleo
tive officers. and not the choosing by
particular communities whether the sale
of liquor shall be licensed or not
Hence the legislature has supreme
power to determine when and how tflls
question may be settled. and II submitted
to the people Of the several sub divisions
OF the State for decision. who shall vote
and their qualifications.
Voters qualifications. then. at loca!
option elections are not determined by the
suffrage provisions Of the Constitution.
except in so far as the statute law pre-
scribes What. thek. are ,ahe statutes on
this subject? ss.ttist ISL Virginia Code
1904. providing for calling such elections.
as far as material, Is: Whenever such
OF the qualified voters OF city.
as shall be equal in number TO one-fourt,
OF the number OF persons voting AT tao
preceding regular November electioo in
such corporation. shall petition
The Judge OF the corporation
court Of such corporation he. shall order
a local opeion election &c.
II Is commended that the words qualified