Tazewell Republican. [volume] (Tazewell, Va.) 1892-1919, 1909-10-28
RUBBER STAMP UNLAWFUL.

inserting the name of the new candi late
for Secretary of the Commonwealth
We gave the section of the Constitution
which authorizes voter to erase any
name and insert another, also the stat
utory provision as to the manner of
making insertion by writing" 1t
requires a very partisan mind to take the
constitutional and statutory provisions
and deduce therefrom the conclusion
that "the name of candidate NAV le-
gally be impressed with rubber stamp
upon the ballot, or 'sticker' used with
the name printed, as well as written
with pen or pencil"
The above quotation is from an edito-
rial in the Lynchburg News. We are
not surprised that Mr. Glass or his pa
per should give such ridiculous inter
probation to the constitution and the
statute. He is an adept in interpreting
the English language to suit himself
and the occasion. We recall the fact
that he interpreted the plain, simple
words. shall be submitted to the peo-
pie for ratification or rejection" as
meaning "shall be proclaimed and not
submitted" He was the author of the
platform provision of his party pledging
submission of the new constitution. and
he, of course, knew what he meant
when he wrote it. Now, Mr.. Glass. or
rather his newspaper, undertakes to
argue that the constitutional provision:
can ballots shall contain the names
of the candidates. and of the offices to
be tlled, in clear print and in due and
orderly succession, but any voter may
erase any name and insert another"
means that voter can carry a rubber
stamp into the booth, mechanical ap-
pliance, or take a printed "sticker"
and in that way insert a name where he
grasses another name. If this be true.
the Democratic Legislature which pro-
vided by statute for the carrying out of
the constitutional provision must have
had very poor conception Of the inten-
ton of the trainers of tie constitution.
The Legislature in providing method
OF erasures and insertions for the voters
enacted the following, which is a part
of Section 122h of the Code of Virginia:
Provided it shall be lawful for any
voter to erase any and all names print
ed upon said official ballot and substi-
tute therein in aCriting the name or names
Of any persons for any office for which
be may desire to vote"
The Lynchburg News argues that
this provision of the statute, confirming
the voter to the narrow scope of writ
ing name on his ballot, is in conflict
with that provision of Sec. % of the
constitution which gives the voter the
privilege to ''erase any name and insert
another
Every other part of Sec. 20 provides
how the work which it directs shall be
done, except as to the erasure of g
name and insertion of another name.
The language clearly shows that the
intention of the trainers of the constitu-
ton, was to have the voter in person
make the erasures and insertions and to
confine him to the reasonable, usual
method Of making the desired changes
in his ballot.
If a voter has a right to take a rub
Der stamp into a booth, or another is
permitted to take therein such a stamp
for the use of a number of voters, he
also has the right to take into the booth
all the mechanical appliances that may
be used in printing his ballot anew in
its entirety.
That the Legislature which enacted
Sec. 122h of the Code had authority
to make the law is plain, and it made
another, Sec. 1927, which has for its
title, How Voting Places Arranged. &"
This section also provides that nothing
shall be placed in the booth for assist
ance of the voter except a small desk
and pen and ink. Is this section of the
Code also unconstitutional? 1t has
never been so declared, and until it has
been it prevails. Nothing can be put
or carried into the booth to assist the
voter except a desk and pen and ink.
OF course the election officers, hereto
fore, have felt warranted in substituting
q Mcneil for non ond inLr oa kko xo-.;I