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

~ - "A m " N ~, NA.,-kSpeClal.) J.
A newspaper Wednesday wired IL
correspondent in Norfolk the gist o
the opinion OF the Supreme Court n
the primary election cases, and In
him to ask the Common
wealth's Attorney whether proceed
Ings against the indicted election Of
ficials will be renewed. The follow
Ing reply was received from the Nor
folk correspondent early this after
noon:
The commemorative Attorney 1
awaiting the full opinion before stat
Ing what he will do"
Commonwealth VS.. Edward
WILCOX, James II. Hannah and
Frank keIlinger.
4. Appellate .Iurisdiction-
Writ of Error TO Commonwealth
Constitution, section SS-CoCIe,
1904, section 4052.-Sectton 1852
Of the Code, which provides that a
writ OF error from tho Court of
Appeals shall lie for the Conn
mOnwealth In criminal case, in
which the law alleged to be vio-
lated, was held to be uncOnstitu-
tiOnal, must yield to the provision
OF section 50 of the Constitution.
In the face OF this plain constitu-
uOnal inhibition the appellate
court cannot take jurisdiction of
case which involves the life or
liberty OF person, upon tho petit
ton OF the commonwealth.
2. Constitutional Law-''T'Nyice
in JeOpardy"-Consti sec
tion S.-Where an indictment
was demurred to by the defend -
ants, the demurrer sustained and
the Indictment dismissed, the az
cused were never in jeopardy, and
may be again indicted and tried
for the same offenSe.
5. Constitutional Law-TftIe
OF Act-ConstttutiOn, section 52.-
The title OF an act will be suffi-
cieDt, within the meaning of the
Constitution, IL the things autho-
rized to be done, though of IA di-
verse nature, may be fairly re-
garded as i'm fnrtheranCe OF the
object in the title. All that Is re-
quired is that the subjects en-
braced I'm the statute, but not spe-
Gifted Ina the title, be congruOus
and have natural connection with
or be germane TO the subject ex-
pressed in the title and the Con-
stitutiOn Is to be literally con-
strued so as TO uphold the law IL
practicable.
4. Primary Elections--Codc,
1904, chapter 10, section 122-o.-
Not only is section 1920 of the
Code cognatc and germane to,
cOngruOuS with and In further
anCe OF the object expressed I'm
the title to chapter 10, without
resort TO any Hberality of con-
stFuCtion, but primary elections,
in their nature, have such a rela-
ton 10 and bearing upon general
elections That the omission to
bring them within the law would
have left the plan devised by the
Legislature for securing the reSu-
Iarity and purity OF elections
wholly abOrtiVe and Intellectual.
The primary, when adopted by a
political party, is An inSeparable
part of the election machinery,
and If a candidate TO be voted for
at the general election is TO be
selected at a primary, IL Is impOS-
sible TO secure the regularity and
purity OF the general election
without in the first place guarding
against irregularity and fraud aI
the primary election. If there be
fraud in the primary election,
which Is the very root from which
the whole system of regulation
springs, it is vain to regulate the
conduct OF general elections, for
tile fraud by which the nominee
at the primary election Is chosen
enters into and Is an ineradicablo
constituent in the result.-SyIla-
bus of opinion in Norfolk eIec--
ton case prepared by the editor
OF Virginia Appeals"