The free lance. (Fredericksburg, Va.) 1885-1926, 1908-08-08
FREDERICKSBURG, VA, SATURDAY, AUGUST g. 1908.

II'SuAAtluE or prohibiting the manu-
iacture or sale of intoxicating liq-
uOrs Does this Section either d.
rtcuy or iudir, city grant t. The Legi.
nature power t. fix and determine the
qualification of voters at local option
elections II there was one paramount.
oV.r-w helmiug motive aud purpose in
calling TIM convention TO frame this Con
sututiOn. II was that the electorate oi
the state should in some way be- abridg-
ed and controlled and purified, for our
elections had become a veritiahls public
scandal. The ssle aud purchase oi voters
hed become "A disgrace and q shame. un-
III the good, law-abiding and lsw-loyiug
people OF the state. being weary OF this
CONDITION oi affairs, determined and de-.
clded at the ballot-boX that aeOuvention
should Le called to provide some remedy
Tor this disease To the bOdy-poiltic.
Whereupon the convention, I'm response
70 TINS public demand, enacted the or
ganic law applicable 10 the elective fran
chise as found in the Constitution. While.
under Section 81, full power is given the
/ Legislature To enact local Opt IN laws.
there IL No grant given "a ia my opinion
TO determine ind fix the electorate at
these local option elections with quail
1 hcauons other than those iour in the
constitution, Itself The Court of Appeals,
I
Va. 322. says: The right oi suffrage
Is derived from the Constitution of the
state and 10 IL we look 70 ascertain
VINO may or may not vote. The Legisla-
ture cannot directly or indirectly pre-
scribe any qualiicatiD iDns additional to
I those found IN the Constitution. The sole
Junction OF the Legislature with respect
TO the exercise OF the right OF suffrage Is
10 provide the method of voting and to
guard against improper. ilegel fraud
| ulent voting. and TO this end il may
adopt reasonable rules and reg lations.
/ but regulation which * virtually a
t@st OF the qualification OF tn. voter.
additional 10 those prescrib. 4 In the
/ Constitution, is unconstitutional and
therefore avoid. The authorities and
decisions sustaining this construction are
both cumulative and corroborative, but
the scope OF this opinion will allow me
10 cite only few OF these. as fol ows:
Nor can the Legislature ahr.dge this
quail iicatiOn; where the right of suffrage
is fixed 10y the Constitution OF the State.
a. u the casc In most states, II cnn be-
reconstructei or changed 10y au amend
ment 70 the Constitution. BUT % cannot
be reconstructed or changed in any other
%sy The Legislature can pass nu laws,
directly or indirectly. either restricting
I UAtU
uy the Constitution 10Th Am a Eng.
Enc. 1d3. See also 30 Pa state lO9.
And IN Cyc Vol. 10, page 2Gl-2. the
following rule il laid out:
here the Constitution of u State
likes the qualifications and determines
who shall ue deemed qualified voters in
direct, positive and affirmative terms.
these qualifications cannot be- added 10
10y legislative enactment Neither is il
within the power OF the legislature L.
dispense with any of the Constitutional
quahhcations and confer the elective
franchise upon other classes than those o.
Whom II j. given by the Constitution, fol
the enlargement and deprivatis n of the
right of suffrage are equally ohnoxiou.
To the Constitution. la short il Is NOT
within the power OF the Legislature to
deny, abridge or extend the Constitu.
tlonai right OF suifrage;or in any way 10
change the qualifications ofthe voters ar
oetned by the Constitution fthr State
w henever the Constitution has pre
scribed the qualification of electors. they
cannot be- changed or added tu by The
Legislature. Colley ON Constitutional
Limitations, p. 500
lt Is not within the power OF the
Legislature to deny, ahridge, extend OF
change the qualifications Of "A voter az
prescribed by the Constitution of a
state. 2Oth Nevada. 19S. 18th; America
State Rep; > Wis 3OS; II Ohio 6SS: 14I
Mass. 491; 73 \. C. 322: 30 Indiana 1870:
% Penn Ill; ~ Arkansas I62
The iact that Section 62 uf the Con-
sutution gives the Legislature power to
enact local option laws does not autho-
rlze IL TO prescribe special qualifications
Tor voters in local option elections any
more so than that the fact that a Con-
stitution requiring the Legislature to
provide system of free schools. gives
the Legislature power TO prescribe spe-
cial qualifications for voters at school
elections People W.. English, III. 1892.
20 \. f. 67S:
Thus it has been held by the Supreme
Court OF the United States. and the Su.
preme Courts of the States of Indiana.
Pennsylvania, Maryland, Missouri. Mass
aehusetts, Texas, Wisconsin, Nevada.
Ohio, indeed, in all these States where
this question has arisen. and been pre-
sented TO the Courts. IL, as Is contenied.
the Legislature had the right -au ho-
rity under Section 62 to change. abri1ge
or abolish the six month payment of the
capltatiOn tax as q qualification to vote
at a local option election, then 1t had
the right to do away with the registra-
ton OF voters and with other, indeed all
the other qualifications prescribed in the
Constitution In such elections, for there
ia no limitation on this right. II It is con-
ceded at all. then the great work, as to
local option elections, at least. for which
the convention was called, is vain, and
oi no effect. Under the construction that
| am constrained to give to the plain
language OF ) ction Is the Schedule as
read with and into the Constitution, | am
firmly persuaded that Section 90 of the
Constitution does not give. and that il
never was intended TO give. to the Leg
stature the power to fix or determine
the electorate at local option elections.
with any other qualifications as voters.
than those that apply to all elections. /
am therefore OF the opinion that anyone
desiring to vote at a local option election,
being of course otherwise qualified under
the Constitution, must, as q prerequisite
to vote at such elections, unless he Is ex-
empted by Section %, personally pay,
at least six months prior TO said
election, all State poil-taxes assessed
or assessable against him under the Con-
stitution during the three years next pre-
ceding the year in which he offers to vote
1t logically follows then, under the
facts proven in this case that about so
per cent of the voters at the local option
election held In this city on May 5th,
1908, through no fault or failure OF their
own, were disqualified from voting at
that election. 1t was argued by counsel
for contestees that even should this pei
centags OF the vote cast on May 9Th,
IQOS bo a. n Il now docloraI flIo,.al