The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1911-01-19

Precinct OF the Second Ward OF the
city Of Norfolk. designated as such by
| the proper authorities OF said politi-
! cal party, while acting as judges, in
violation OF the rules. regulations and
/ requirements prescribed in the plan
adopted by said political party and in
violation OF the laws OF Virginia, did
In the city and State aforesaid will
[ fully, knowingly and corruptiy cause
to be placed upon the official poll
books used by them acting as said
/ judges at said precinct I'm said Dri-
mary election. the name OF one Ernest
/ II Meeks as having voted at said pre-
icinct In said primary election. and did
w1lfully, knowingly and cOrruptly
count him, the said Ernest II. Meeks,
as having voted at said precinct in
said primary election, when as a mat
ter of fact the said Ernest II. Neeks
did not vote at said precinct in said
primary election, which fact was
known 10 the said Edward Wilcox,
James Il. Hannah and Frank Killfnger
/ acting as judges as aforesaid and
that they did wilfully, knowingly and
/ corruptly certify said poll books con-
tanning the name Of the said Ernest
/ II. Meeks as q voter as aforesaid and
did wIfully, knowingly and corruptly
| make certificate of the votes cast at
! said precinct in said primary election
/ In which said certificate q vote was
counted, included and returned as
/ ~.
| Meeks, to the proper authorities OF
/ and by counsel and demurred to the
| Indictment, and the demurrer hav-
! ing been fully argued was sustained,
the Indictment dismissed and the de-
| tendants discharged.
| The Attorney General has present.
! ed TO this court a petition for a writ
| or error to this judgment and the
| question arises, Have we Jurisdiction
| to award the writ?
/ Of
relied upon In the petition, does seem
to confer such jurisdiction. 1t is as
follows: "A writ of error shall lie IN
criminal case to the judgment OF a
circuit court or the Judge thereof, or
/ OF q corporation court or of a hust-
j ings court from the Court of Appeals
IL shaH lie in any such case for the
| accused, and IL the case be for the
violation Of law relating to the State
| revenue, or for the violation Of a law
/ tional, 1t shall lie also for the Com
/ monwealth."
But the statute must yield to the
| constitution, which in section SO pro-
woes that' Subject to such reason
| able rules as may be prescribed by
law. as to the course OF appeal. the
| limitation as to time, the security
required, If any. the granting or re-
fusing OF appeals, and the procedure
! therein, II (the Court Of Appealsl
4
nave appellate Jurisdiction in all cases
| involving the constitutionality of a
| law as being repugnant to the Con-
| sututon Of this State or of the United
states. or involving the life or liberty
| OF any person; and II shall Also have
appellate Jurisdiction in such other
| cases, within the limits hereinafter de-
fined, as may be prescribed by law
but no appeal shall be allowed TO
| the Commonwealth in any case in
4 Df
son, except that an appeal by the
commonwealth may be allowed by
| law in any case involving the viola
ton OF law relating 10 the State
evenue."
State Cant Appeal.
In the face of this plain constitu-
tional Inhibition, we cannot take ju-
| riSu1ctiOn OF case which involves
| the HE or liberty of n person, upon
the petition OF the Commonwealth.
In the case before us, however. IL
Is not matter OF serious moment
1 The Indictment was demurred TO by
| the defendants, the demurrer was sus-
tained, and the Indictment was dis
missed. The accused were never I'm
| jeopardy, and may be again indicted
and tried for the Offense whereof they
| are accused, If the Commonwealth shall
be SO advised.
Case OF jackson Wise Cited.
In the case OF Commonwealth VS..
jackson Wise. the Hastings Court OF
| the city OF Richmond reached a differ
ent conclusion with respect to the
same law. Wise was found guilty.
| sentenced to confinement in Jail, and
| applied to this court for a writ of
| error. which was refused by an order
| entered April 10. 1905, which recItes
that the court being of opinion that
| said judgment is plainly right, doth
| reject said petition" No opinion was
hled with the order just recited. and
in view Of the fact that a diversity of
Fopinion exists among the courts of
first instance. we think IL proper TO
Estate the reasons which controlled the
Fcourt The questions involved are of
the greatest Importance, for IL the
statnte under which Wise was con-
victed be null and void as repugnant
TO the Constitution, then this Gem
mOnweaIth is without any effectuaI
regulation with reSDecI TO the conduct
OF elections, Is without any efficient
means TO secure honesty in elections,
and the Legislature has wholly failed
to discharge the high duty imposed
upon IL by the Constitution, to enact
such Laws as are necessary and proper
for the purpose of securing the reg
ularity and purity or general, local
and primary elections, and preventing
and Furnishing any corrupt practices in
connection herewith.
AS to Title of the Act
The statute as approved January IL
1904, containing this section, appear
in the compilation OF laws known a.
} Pollard's Code of 1904, as chc->&er 10
| and takes the place Of chapter 10 o.
the Code CT 1887. The caption to tht
: cEdpter remains unchanged; il is nov
] just what ii was before the section
t with respect to primary elections wa!
= introduced.
Section 50 of the Constitution de
5 clares that mo law shall embrace
L more than one object, which shall b,
expressed in its title; and the con
{ tention is. that there is nothing IL
? the title of this act which expresses
, any intention to legislate as to pri
: mary elections. It is claimed that a.
] the title is Gin reference to genera
] and special elections" il is restric
4 tive and specific rather than compre
[ hensive and general; that ii applies t,
; certain kinds of elections which tn,
: act goes on to define. viz: Genera
1 elections and special elections; that
while it is true that cOgnate and ger
D name legislation may be valid unde
, general title expressing a genera
. subject, yet the title must be sum
I ciently comprehensive to includ
= Them; and Cooley on Constitutions