Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1910-03-09
A Legal Viewpoint.
EDITOR COURIER.


IL Is immaierial what was the object
OF the bin as you contend, as courts. in
constituting statutes, construe them not
according to the intent Of the draughts-
man or patron, but according 20 the
intent Of the legislature, a expressed in
the Act itself And, as charges and
counter charges could accomplish no
good purpose, I make none, and content
myself with stating the law as I under
stand ii, and the facts a. have been
able 10 gather them. The Charter ofthe
Town Of Berryville. found in the Acts
Of 1898, page 735, gives to every qualified
voter living within the Corporate limits
OF the Town the right 10 vote upon all
Corporate matters, without regard to
whether said voters live iu Battletown
or Longmarsh magisterial district within
said Town: the list of the registered
voters who have paid three years poll
taxes now posted At the front doorofthe
Courthouse, includes residents of both
Batiletown ana Longmarsh maristeiial
districts, which list was posted so AS TO
show who can vote in the Town election
to be held June next.
y separate election district for State
or County purposes must be entirely ia
one magisteriai district. a. under the
Constitution all counties are divided
into msgi~terial districts. and the rnaris-
ierial district officers have to be elected
by the qualified voters of the several
magisterial districts; consequently. I'm
some cases, the ma-isierial districts have
TO vote As a unit Therefore. a. the
Town Of Bcrryviiie = already separate
election district I'm a,l matters perfainin.
10 The Town. and So 70 can rot te a
separate election District as whole in
County matters. the effect OF thc bin in
question. must be looked FOR in another
direction. which effect whatever 60 is.
Is in my opinion found I'm the following
extract from tbe BilE And it shall
have all the rights and The privileges Of
Towns OF not less than one thousand
inhabitants, and the said Town OF Berry
vile. Va, is now exempt from The pro.
visions Of section 50 OF The Code of
Virginia, which are inconsistent with
this Act.
, All the provisions of tAc Jaw op-
plicable 10 Towns OF not less than one
thousand Inhabitants shall apply 60 said
Town Of Berryville. Va.
3. All Acts and parts Of Acts incon-
sis,ent with this Act are hereby re-
pealed."
Section 81 OF the Code provide, how
a local option election can De held in
magisterisl district. and that Towns
containing less than one thousand in.
habiianis, forming par, OF "a district.
shall vote in the district. and after an
election has been held in such district.
another can not be held for two years.
Section 5S5 provides that where one
fourth Of the voters In town ot 1000
inhabitants or more voting In thc precel.
ing regular municipal election shal, sign
a petition asking fo- "a local option cleo
ZION, an election shall be called. anG.
after an election has been held. another
can not be held in said Town within TWO
years.
The bin in question puts the Town Of
Berryyille on the basis OF towns OF one
thousand Inhabitants or more, when. as
mat,er Of fact, il has not one thousand
Inhabitants, and it also repeals all acts
and parts OF acts inconsistent Herewith.
and as no limitation Is set upon the right
TO call loca. option election. after it Is
put upon this assumed basis. il might
very well De conteudej that lo-al
option election viii have 10 De called for
the Town of Berryville. whenever one
fourth of those who voted in the last
municipal election get good and ready
10 have il done.
If what have said Is correct. the bill
does not effect the voters in either
Battletown or Longmarsh masis,erial
district liying outside Of the Town of
Berryville, and it would be much more
appropriate for the title OF the Bill 20 be
To make The Town of Berryvrle a
Separate Local Option District" instead
OF separate Election District"
The total number of registered white
voters who have paid their poll taxes fol
the last three years as shown bv the list
now posted i'm front of the COURTEOUS,
is lO6, included in which number sr,
two who are now dead, 20 which ther,
should be added three old soldiers VIII,
are qualified voters, making the tota
qualified white vote in the Town o
Berryviile az this time lO1. included In
which number are seven qualified voter,
| hNlnS IN LongmSrSh district, and within
the corporate limits.
The total number OF signerS upon al
! OF the petitions Of the male " white resi-
dents Of the Town, asking that the bin ig
| question be held up, Is -, and include,
IN said -, are - qualified voters: there
| fore Il Is evident that more than .
majority OF the qualified voters of III,
Town are opposed 10 The bill Whether
this opposition should outweigh the sup
! port of the COURIER, l will leave foi
/ Others 10 Judge.
At the local option election held In
Battletown district September =. 100.
the total vote for license was 40, ant
the total vote against license was l,2
The majority against license % Atth,
local option election held for said dis
trict December 81, 1909. the total vot,
for license was -; the total vote agains
license was l62. The majority arains
| license was =. Therefore the iniustic,
| complained of because some of the resi-
dents of LOngmarsh maSisterial di>tric
/ within the corporate limits Of Berryvill,