Daily press. [volume] (Newport News, Va.) 1896-current, 1909-01-07
leg1la d Fredericksburg
~ Requested By Byrd
II lHFEIs SPECIAL ELECTIONS
euprSms Court VIM Pass On Motion
January i2-outeoms VIII Fix Sta
4 tus o. All special EisetIsns Reid In
state.

RICHMOND, VA. Hon. Richart
Evelyn Byrd. leading counsel for thu
fredericksburg 'drys.". filed yester
day in the ONCE Of the clerk Of tht
Supreme Court Of Appeals q petition
praGfng the couxt to advance the
fredericksburg eYectica case on the
( argument docket.
The reason given in the petition
ane that there Is an immediate neces
rity for the determination one way
;ur the other Of the validity Of what
s il known as the Ward act, because
not only the legality or the local op
t1en elections recently held under
the Ward law are at stake. but for
the further reason that all the bond
elections held. or to te held. for the
purpose Of issuing bonds for road or
schcol purposes are invalid II the
Ward law Is Unconstitutional.
An inspection Of the record Of the
Fredericksburg case and particularly
the petition for the appeal. discloses
IN . striking manner the great impor-
tSnce Of the ultimate outcome Of the
case.
II the Ward law is declared by the
Supreme Court to be unconstitutional.
, then none of the local option elections
hos teen legally held, and the spe-
eial and general laws which provide
for elections to determine the ques-
ton Of issuing bonds, are void, and
the proceeding under them are void.
Il IL, therefore, apparent that the
issue Of the Fredericksburg case Is OF
great public and popular interest.
The Ward law about which the con-
tfrxersy IL waged is the act found on
{ pake IS OF the Acts Of 1908, which
prescr4bes the qualification Of voters
{ IN special and local option elections.
and provides Do follows:
''The qualification Of voters at any
special election or any local option
election shall be such as are herein
before prescribed for voters at gen.
s eral elections: provided. that at any
special or local option election held
on or before the second Tuesday in
: June In any year any person shall be
/ auAlihed to vote who Is otherwise
qualified. and has personally paid at
least six months prior to the second
Tuesday In June Of that year
all state poll taxes assessed
or assessable against him dur
Inn the three years next preceding
1 that In which such special or loca! op.
tion election 10 held: and providing
that IN any such specia, or local cp-
t3on election held after the second
Tneeday IN June In any year. any per-
con shall be qualified to vote who Is
or was qualified to vote at the regular
election hello on the Tuesday after
TIE Arst Monday in November Of that
year"
intention Of the Law.
The special elections intended to
- provided for ty this law include
N ELECTIONS whether for offices to
01l vacancies or upon propositions.
except the regularly elections IN
Jene and November provided for by
- Constitution in Article II.
The ward hv was enacted because
netthsr the courts nor the people I'm.
detstood how TAR the provisions OF
a elk months prepayment Of poll
taxes before general elections applied
70 special and local option elections
sumo JUDGES oeCloeQ tn1t tne SOuosi'
tsc1ua only governed general cleo
tlo1a, and not special or local option
41ect1oas Otner judges held the con
4sary. end there was great confusion
6na uncertaipty.
tss~ fAe 0e1l rsse.
= The six ncntAs' preeQu1Vlte ap
p1Dse Do alI elections. II Il plain that
0ese could be no election Of any
character the first part of the year
b6osnse no persons could have paid
ths1r poll taxes six months before
Suc& election. Under the Ward Law
q special election can Be held any
I. Sl0s In the year, and . local option
Ssseejon any dine except within thirty
0nyU Of q general election.
he Fredericksburg local option
SDsction vas held May 5. 1908. and II
ms; held under the Ward hw. that
& 20 say, the voters VINO had paid
theSe poll saxes Tor the three year,
pr0oedfnx the year 1905. six mouths
1Reure the second Tuesday In June
~. we're permitted to vote.
Very few voters in Fredericksburl
~ paid :heir poll taxes for 1so7'S's
81 ncashs before the date Of the
Oooce1oa. Nay s, 1908. The electios