The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-01-11

AS was expected, the Supreme Court
of Appeals Wednesday handed down an
opinion, through its president, Judge
Keith, holding that the election laws
of the State are valid. and Edward
Wilcox. J. T. Haunan and Krank ket
hnger, accused OF fraud In connection
with the August primary in Norfolk
can be tried.
The opinion OF the court covers sew
enteen pages OF typewriting and re-
views the law and the facts thoroughly
the judges deeming 1t proper that they
go fully into the questions involved to
put the State election laws on a sound
foundation"
The writ Of error gives the prosecute
ing attorneys in Norfolk city and coun-
ty and Portsmouth the right ~ have
the primary judges. who were DISMISS
ed from custody when their demurrer1
were sustained last fall, re- arrested
and brought TO trial. and in the light
of the Supreme Courts opinion We'd
uesday 1t is difficult to see. how they
can escape conviction I the facts charg-
ed are proven.
Extra Session Not Needed.
The granting of the writ and uphold
ing of the election laws as now writ
ten makes an extra session OF the Leg
islature unnecessary the court hold.
ing that the present regulations are
amply sufficient to prosecute frauds
In primaries as well as general elec-
tions.
The heart of the decision is as fol-
lows;
''if there DO fraud in the primary,
which is the very root from which
the whole system OF regulation
springs, IL 10 vain to regulate con-
duct of general election, for the
fraud by which the nominee at the
primary election 10 chosen into
and IS an ineradicahis constituent y
in the result. However fair the
general election may be, If at that
election man have no choice but to
vote for the candidates who have
been nominated by fraudulent
practices at the primaries, or else
to desert their party, which would
be in most instances but to throw
away their votes without and good
result, the election must be corr
summated Of fraud and the de-
feat OF ths will of, the people. tee. Nh
OF thorns men do not gather fias,
nor Of brambls bush gather thsy
grapes"
The court holds that section 1864
OF the Virginia Code. under which
Attorney General Williams took hin
appeal several weeks ago, Ives the
! State the right to- ap. al Ii caseo
such as that OF the prilnary Judges.
Section IS Of the Consti, lin in~s
hibits the placing of deft nbant In
jeopardy twice for the same Tense.
when his life or liberty are ut stake,
but the opinion of the Suprem. Court
is that. in view of the fact that the
demurrer OF the primary judges was
sustained before they went to trial
they have never actually been In jeop-
ardy and can therefore be tried for
their alleged offense.
Title Broad Enough.
Commenting on the question raised
as to whether the title OF the act
making frauds in elections punishabIe
! 's bread enough to cover ali the con.
tents of the act. the court insists that;
the name Is sufficiently broad Had
the act been styled ito regulate gene
eral elections" the court does not be-
lieve prosecutions for primary frauds
could be made under It. The act.
however, is entitled Ito regulate elec-
tions." The Supreme Court holds tho
primary to be the essence OF an eIec-
tion and therefore irregularities In c
can be punished AS IL they were CONE
mitted in q general election.
The court makes frequent refer.
ence to the Jackson Wise case. ~
which a similar decision was gtvsA.
although no written opinion was
handed down. The opinion given
Wednesday makes 1t clear that the
court upheld the faw tn the Wise CO..
and that the appeal taken by the da-,
PENDANT in that instance was regards
ed as so ridiculous. in view Of the
law. that n written decision was not
deemed necessary.