Daily press. [volume] (Newport News, Va.) 1896-current, 1909-03-19
virQinIa's Local Option Statute IS
Adiudged Consttutiona|.--One
Judge a Ossenter.
MAKES ALL DRY ELECTIONS LEGAL
Opinion Settles Questions Of Validity
Of eallotin- in Many Towns Of State
Which Have Voted Against lieens-
ina Saloons-Jud-e Keith Delivers
the Decision.

RICHMOND. VA, March ID u"
Supreme Court of Appeals OF Virginia
today handed, down an opinion IN Inc
celebrated Fredericksburg local olr
ton case, III which tn" Corporation
Cour, of the city of FREDERICKSBURG
Is reversed and the validity of the
Ward ?ct. under which the election
was held. is declared constitutional.
The opinion was written by Judge
Keith. prr Sidcut, and was COncurrcd
in by all The other judges except
Judge Harrison. The opinion covers
twenty seven typewriter pages.
The decision affects not only the
CITY of Fredericksburg and makes that
city dry" but 1t also decides the
questions raised in the cities OF Roa-
noke Lynchburg. Bristol Suffolk ana
other places which have voted dry.
and in some of which the result was
attacked along the same lines as.the
case decided today. and all OF which
are involved and are affected by the
opinion of the court, which upholds
the validity of the Ward act and
closes all saloons in the towns and
cities in which elections have been
held.
Grounds Of Attack.
The legality of the election in the
case at tar was attacked on the
ground that some OF the petitioners
for the election, and some OF the 'o-
tiers who participated in the election.
were not qualified to exercise the right
Of suffrage, having failed to qualify by
paying their poll taxes SIX months
prior to the regular election next sue
ceeding the special election.
Grounds Of Attack.
The Ward act permitted voters who
had paid their poll taxes. but not six
months prior to regular election. 10
participate in local elect:Ons-as to
Il closing of saloons. issuing bonds for
roads or schools and the like. NO
person could vote, however, who haa
not paid his taxes. the exception IN
the case being its application TO purely
local contests
It is held that the qualifications
prescribed by the constitution for Vo-
ters apply to elections held for mem
hers of the General Assembly, and all
officers elective By the people. and
that this provision does not prevent
the Legislature from prescribing the
qualifications for an electorate to vote
in special elections for which the con-
stitution does no, provide.
Subject to Constitution.
The opinion. in declaring the valid
itv of the Ward law. holds that the
General Assembly Of the State can
enact an law which is not replgnant
to the federal constitution and which
Is not restricted by provisions OF the
State constitution.
II Is evident from the length OF tue
opinion. as we'll as from the manner
in which the questions involved are
handled, that Judge Keith bestowed an
immense amount Of work on the case.
The decision covers over twenty-five
pages Of typewriter matter. and is
rcplete with history Of suffrage leg
isIation in this State. as well as with
citations from jUdicated cases.
Judge Mann who was associated
with Mr. Byrd as counsel in this case,
did not appear in the court room this
morning.
SYLLABUS Of opinion sustaining con-
siitutIona,ity Of the Ward election
law:
Il Is held that the qua lifcat ions pre-
crbcd nv the constitution for voters
apply 10 elections held for members
w IGe RsStfuDi. o''-
Gers elective m the people: and that
this provision docs not prevent III"
Legislature from prescribing other
qualifications for an electorate TO vote
in special elections for which the con
s'i,ut!on docs not provide
Excerpts Of Opinions.
Tho op;rirn says in part:
To recapi,nlaie the case made by
tho record: We find that the power
which the order appalled, from denies
10 tho General Assembly has. been OK
r,cised by that body under every COZ
s,uution ~ this commonwealth from
1876 down 10 that Of 1902. Down TO
the constitution Of 1850. the right 10
vote vas expressly given BY the con
siiruiious only rs to members Of the
General Assembly. b. the cOustitu-
tim Of 1850 the right was extended by
adding the phrase ali officers elective
nv the people" The constitution VI
,IS6i used the same expression. IN
lISss the constitutional provision vas
attended TO all questions submitted
ko the people, which was by direct
ko,c II The pcopio stricken o,t IN