The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-12-01
PR|MARY GAS ES
MAY Be APPEALED
Attorney-General Asks for Rec
ord-Local Sentiment OPP
poses Extra Session.

There is believed to be little doubt
that the Norfolk primary election
cases, which We're recently dismissed
on demurrer involving the constitu-
tonality of the act. will be appealed by
the Commonwealth. While Attorney
General Williams will not express an
opinion or say what he intends to do
until he has examined into the case. 1t
Is believed that because of conflicting
decisions on the question he will deem
IL advisable to have a written and re-
corded opinion on the point involved
from the higher court.
IN View OF the action of the Supreme
Court in sustaining the decision of
Judge S. B. Witt, of the Richmond
musings Court, on an exactly similar
point. there is thought to be no uues-
ton that the court will grant an APP
peal. SO as to get the issue before 1t.
Judge Williams has already request
ed that copy of the indictment and a
copy of the courts order In the Nor
folk cases be sent him, and this will
be done as soon as the term adjourns,
which VIII be about the end of this
week.
Differing Opinions.
Judges in Richmond. in Winchester,
IN Fauquier and in Newport News have
returned convictions under this law.
which Judges Lawless and Hanckel in
norfolk, now think is unconstitutional.
When the Jackson Wise case was
appealed from Richmond the constitu-
t1onal point was the principal one
raised. That conviction was secured
under the general act. and not, as some
have supposed, under the special Rich
mond primary law The papers in the
case clearly show this. One by one the
supreme Court judges examined the
points advanced by counsel for the &C
cused. and they paid Judge Witt the
compliment of not even allowing a
writ of error from his decision.
There Is a general desire, however
that the court pass once more on the
point involved. and it is hoped that the
Acknowledgement will prosecute the
case.
After such a decision has been rem
dered there would still be ample time
even should the law be declared void
by the court of last resort, to hold a
special session of the Legislature
Should the law be declared valid it
would be sufficient to guard against
future primary election frauds, even
II the particular Norfolk cases are not
again prosecuted
Wait for Court.
Under the circumstances the opinion
almost universally prevails here that
no action should be taken regarding
an extra session until the Supreme
Court passes on the matter.
The Commonwealth is given the rNht
of appeal in criminal cases where rev.
enue is concerned or where the point
raised is one of the constitutionality
of statute
In Richmond insurgents and admin
tstration people, Democrats and Repub-
.licans alike. condemn the move for an
extraordinary session of the Legisla-
ture. Probably no expression from
Governor Mann since he has been in
Office has been more generally Endorsed
in the capital city than when he de-
clared he would not call such meet
ing,
Local members of the Legislature do
not want it aud will not sign call
for it. If the expressions heard from
out-of-town members who have been
seen is a criterion of the general opin-
ion. there is no chance that call for
an extra session would receive any
appreclable number of signatures.