The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-02-08
SHOULD NE nsrnEn.

Five nlcn--Senators Walker. Fletch-
or Holt, Napp ana West-ycsterday
had the good ago to vote against
the OUTRAGEOUS Legislation hurried
through the General Assembly 10y the
olficeho,ders' trust. TO those who
strive for Guod government Tor the
people end by the people, the action
of these I'VE legislators is us refresh
ing as that OF the remaining thirty
Legislators voted tenure everlasting
TO city treasurerS and commissi one RS
IN belief that such action was con
stitutionai, but others We're not dis
obciienL unto the whisper OF tho spe-
ciai class interested IN the passage Of
who, convinced that the bill IL In con-
flict with the Constitution OF Virginia,
nevertheless voted for It by special!
request" To deny that the Office
holders insistenuy solicited tho sup
port of legislators and that thaso office
owners were tho only ones Interested
In this bill Is to disregard completely
the facts. CITY treasurers and commits
sioners and their allies have been at
work and they showed their hand yes
terday.
It was a good fight that Senator
alker made against this measure, II
1t was losing ono. When he chal-
lenged any Senator to get up and say
like a man that he or any other voter
wished TO vote separately on city
spoke Il have thrown out the butt
and no one dares touch It," said SEN
&tor Walker. Nobody would say that
the people desire this amendment. and
since the people do not wish II. as the
Senators themselves SO clearly testified
10y their silence. who wants it but the
ohiceholders themselves?
The General Assembly has passed
ms Dill, IL is true. but It is not yet
law. Tho sanction OF the Senate can
not mako wrong right nor that which
Is Unconstitutional constitutional. Into
The hands of Governor Mann the bill
goes now. and he. IN tho exercise of
his good conscience, must say the mai
word. Good lawyer that he is, sworn
defender OF the Constitution. he Will
consider we'll this matter. The main
question to which he will address him
self Will De tho corstituticnality OF the
act. II he VIII read over the delightful!
essay OF Randolph Harrison, who an
r1d IN mr.. /,
taat o!ty, and the searching briefs OF
Free Harper. OF Lynchburg. and SEN
ator Walker, OF the other side; IL he
Will look up the state OF the law, no
will find, In our opinion. that the ire
1nendous weight of authority Is against
the constitutionality of the act In
fact. tho advocates Of the measure
have cited not e single decided case
or principle OF law sustaining their
contention. D,cta. have been resorted
TO BY the advocates. dicta which could
be invoked In any old case at any old
time on either side. Governor Atanr
knows, rs the Senate ought to have
known. that where doubt arises as tc
const.tut!onality, that doubt must h,
resolved in favor OF the Constitution.
The Times Dispatch Believes ,ha'
Governor Mann woulc render an excel
lent and cc'nmendable public service !r
sending this bin back to the Gencr:,
Assembly without his signature. Mem
hers OF the General Assembly are nov
relieved Of their pledges otsupport. ant
upon a reconsideration they could dis
cnss and consider, they did not be
Tore the case upon Its merits and a!
to ITS consti;utionality The office
holders monopoly in restraint OF 70
tAtion IN ohice is powerful, but it can
not stand the light OF truth and reason