The free lance. (Fredericksburg, Va.) 1885-1926, 1908-08-08
JUDGE JOHN T.
G00LRICK'S OPINION
In ihe Local Option Election
Contest.
DECIDED THAT ELECTION WAS VOID

iu tii" local option riH-tlou ga~..
Ga Mach -. l9u~ lu pursnAnc. o.
the provisions % thnpt r % Code Of
Virginia, 1901 certain qrahH.d voters
OF this city, being more tn.n one-fourth
OF ;hs persons vujrg at the Nlveuih, r
election. l3us- lr-sented 20 rhi- court "A
petition praying that tits court ord r a
special election In the mouth 30 April.
lyuS on the question oi granting ur
n'i granting a liquor iicau-cin this city Pc
| Ana on this petitiun this court dfd. With
in tie line al owed by law. enter Au or
1'r iDr an election tO D.. ncii Ia this CITY
pn May 9th. 1905. Notice uf which
elect, was duly gwen A. Is required by
! law At this election there Wac "A ma
irity OF 81. aga INST licensing the sal. a
mtoN eating rquofs IA THE city. On
Nay ilth, lHuN, "a petition r gn,d ty
more than - quslined voters ia this
city, all Of said petitioners b,iug ex-Cou-
ie1eTot" soldiers. was fixed praying that
said election held on May 9th, 1905. be
declared Illegal. null and void, aud that
The same be set inside and annul.ed. Ia
the first allegation OF the contestants
petition Ia + declared that said election
should be- S-t aside. because none 90 tue
persons who peutioued THE court on
| March ! ,. igOS. Tor this election had
paid their poil taxes ~ r,quir a hy law
| month- prior Cd The pte--il. alton 90
said petition to this court At tua
time this petition was presented /
stated that ! would pass tntn otly on
the matt r Ia % who under the aw Was
a qualified voter 10 -ign thcpetition and
that did not then decide 10 give ANY
opinion a. 10 who would be a qlalfiad %
voter-eltctOr To vote at The election tu
be- called ia answer to the petition. do
I M NF g..
state that before said petition wA- ore
sent q 70 me used all ms iuiiuenrr. best
hert- and endeavurs to have the pre-
sentatirn oi the petition delayed aud
postponed % such "A timr a. there could
| he no doubt about who Wa q 8aliied a.
| vote at the election called under the pa.
titinn. indeed 1T the time I rendered III,
opini n on the petition | stated emphat.
lcAlly that | wished and much desired
that the pres, ntAtion OF this petition
should be- delayed IN order 20 avoid any
possible or probable trouble or contest
Ia the future, and AT my in-tauce and r.
quest Others advised aud suggested that
this petition asking for "A local option
election he postponed and delayed until
/ say, after the June election, hen al
trouble and doubt would have been tax
en away. NotW ithstauding all this ano
uotwiti standing lli the debAt. and die
cus-ion yhen gong on a. t. who were
qualified vuters at special or local option
| elections the petitioners Insisted On pre-
-tnting this petition aud forcing action
on u, and then ! was compelled To act
hy the plain and imperative mandate Ol
| the law. | was then. a. ! am now. of
the opinion that one could be Qualihe!
tu Sign the petition but at the same time
be not qualified as tan elector 10 vote
when the election was ordered For IN
stance. under the law. saloon keeper
must be- a qualified voter before be can
oe licensed as such, not that he must
pay HIS capitation taxes and be register
~ six months before he Is licensed, but
that he must be qualified to vote as il
required under our Constitution. man
Guiy, regularly and lawfully registered
who has paid his capitAtiOn taxes as Is
| required by law, say. in the month ol
May, Is qualified voter, but he Is not IA
qualified vOter-elector at the June elec
uon. jury man is required 70 be a
qualified voter, that is, that he A8s been
regularly and duly registered a. such
and in the case of Chalmers IS. Funk, 70
Va the court decided that registered
voter was qualified 20 serve as Jury
man. Ohe could be a qualified voter 10
sign a petition asking for ii local option
election yet disquainy himself by com
mitting larceny or by removing from the
state, etc. after he signed the petition
However, on the differences between The
qualified voter To sign a petition asking
Tor an election and a qualified voter
elector at the election, OF the six very
able speeches made by the learned coun
sci in arguing this case only one dwelt
with any force and at any length on thii
point. | refer to the Hon. K. r. Byrd
who In his very strong argument upheld
sustained and endorsed my decision, rem
dered at the time granted the petition
| that there is Il very great difference be
tween the qualified voter TO sga a peti
don and q qualified voter-elecuor at the
election. ! am of the opinion chat th,
petition was duly and legally signed by
more than the sufficient number of quail
fled voters as is required by law anC
that the election was legally called anc
ordered.
The second allegation in the contest
against the validity of the SAID local op
tiOn election held on May 9TH, 1908 1,
thai about 80 per cent OF the voter.
voting at said election had not paic
their poll tax six months prior 10 IN.
date of the election, and that an Act o
General Assembly of Virgin a, appTOveC
February 2S, 1905, known as the Ware
Act" is unconstitutional; the Act pro
vides. that at any local option election
held on or before the second Tuesday II
June, In any year, any person shall b,
qualified TO vote who is otherwise quail
ned and has personally paid, at least
six months prior to the second Tuesday
in June of that year, all poll taxes as
sessed or assessable against him during
the three years next preceding TO thai
in which such special or local option
election is held" They allegs that thii
provision OF said Act is unconstitutional
because II Is in conflict with Section Is
of the Schedule of our present Constitu
tion, which section reads as follows: "II
all elections held after this Constitution
goes into effect the qualification OF tbs
electors shall be those required by Arti
Gle ? of this Constitution" Uplike othel
Schedules OF other. Constitutions thii
Schedule Is very elaborate and compre
hensive, and instead of enacting or de
claring it's provisions, as Is the case II
the Schedule to the Constitution OF 1869
In this one under consideration all IL
: sections and provisions are ordained a.
follows: That no Inconvenience maj
arise, ETC. 1t Is hereby ordained, anC
so in Section ?, "all ordinances adopted
} by thie convention and appended to tn
official draft OF the Constitution deliver
ed TO the Secretary of the Common
wealth shall have the same force and el
, iect as II they wers parts oi the Consti
J tuition" And in Section % IL Is provid
led that, "the official copy Of the Comet