The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-07-24
W|NSTON'S NAME
GOING ON TICKET
Judge Southall Refuses to Grant
Injunction Against County
CASE WILL BE APPEALED
Objection Was Raised Because
Candidate Had Served as
Registrar.
CASE WILL BE APPEALED
Especial to Tho Tlmes-Dispatch.l

I Especial to Tho Times-Dispatch.1
| Farmv1llo Va. July 23.--ln the Cir
cult Court of Prince Edward, Judge
Robert g. Southall presiding, the case
of E. Warren Wall against the County
Committee of the Democratic party and
Dr. Peter Winston, candidate for the
House OF Delegates as opponent of
Mr. Wall, was argued and submitted
to-day. The court at once delivered
its opinion refusing to cnjoin and re-
strain the committee from putting the
name OF =. Winston on the ballot to
be voted at the Democratic election TO
be held August 5.
The question involved in the case
was the eligibility OF DR.. Peter Win
ston to be voted for in the primary,
Mr.. Wall relying upon section "a of
the Code OF Virginia. which reads as
fellows: NO person who acts as regis
trar shall be eligible to an office to be
! filed by an election by the people at
the election to be held next after he
has so acted registrar" Counsel
| for DR.. Winston commended that this
| section was in effect repealed both
| by the Constitution and section 81 OF
the Code, as amended March IL, 1905.
And who (meaninS a registrar shall
not hold any Office by election or APP
/ pointment during his term which
! shall be two years from the first day
OF May following his appointment. and
until his successor is duly appointed
and qualified"
1t was admitted as "A fact that Dr.
! Winston was appointed registrar in
May, 1912: that he performed the du
ties Of the office during the years
i?l@-lS. rendering his resignation in
February, 1918. which was accepted.
and his successor duly appointed and
! qualified on the 30th day OF April
/ 1913.
The court in DELIVERING its opinion
In effect stated that section 90 of the
! Code of Virginia which was enacted
and made II law long prior 20 the pres
ent Constitution. namely In the acts of
1S63-70. was repealed by necessary inn
| plications and made null and void b"
section of the schedule OF the Ccnsti-
tuition, and the Losislatur" having
passed another law for the purity Of the
elections embodied In section - of the
Code that this is now the law.
1t further held in effect that tho
requirements OF section a. Of the Cod"
could have been enacted into law by
the Legislature subsequent 10 the pres
cnt Constitution and in conformity with
/ section SC of the Constitution, which
empowered the General Assembly to
enact laws deemed necessary and
! proper for tho purpose nf securing
/ the regularity and the purity OF gen
crai. local and primary elections, but
( that ;hc LEGISLATURE having failed to
/ pass any such law as contained in
/ section -. there was no law prohibit
I ing Al registrar from being eligible 10
/ the Office ~; member of tho House of
/ Delegates when 1T the time OF notifying
/ the County Commttc he had resigned
and his successor had been duly APP
/ pointed ana qualified.
Wall was represented by j. Tinslcy
! Coleman. OF LynchburG. and DR.. Win
/ Ston by Thomas Whitehead. OF Lynch
burg, and Judge a. u. watkins, Of
/ Farmvillc. Counsel for the plaintiff
noted an appeal TO the Supreme Court