The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-08-23
.SWANSbORO MAY
ENTER PROTEST
Chatham Effort to Upset Liquor
Election Likely to Be Fol
lowed by Vets.
SAYS CODE WAS VIOLATED
Court Will Be Asked to Decide
Question Over Which
Lawyers Disagree.

| Considerable interest has been
aroused locally by the efforts of the
| liquor interests of Chatham to have a
recent local option election in that
town invalidated. Should they prevail
1t Is probable that the election by
Magisterial District, Chesterfield Coun-
ty. went dry, Will also be declared In
valid.
The grounds upon which the fight
is being made are based on Section $50
Code of Virginia. which says:
No election under this chapter
that dealing with local option and
other special elcctions-"shall be held
within thirty days OF any county. cor
poration. State or national election"
Both the election N Chatham and
that in Swansboro we're held less than
thirty days before the primary e!e:-
ton of August 5. Thu: in Swansboro
dry victory by majority of forty five
votes. Tho liquor Interests immedr
ately stated their intention of protest
ing the election on the ground that
several boys had been permitted to
vote. Both would have been eligible
to have exercised the right of fran
chise In the primary in August, rs
they would have been of age before
the general election in November.
Must Not he Within Thirty Days.
While the "wets" claim that the law
expressly prohibits the holding of a
special election within thirty days Of
any election, their opponents assert
that general and not primary cleo
ton is intended by tho act Thnt the
Legislature had no such intention at
the time of the passage OF the law, as
there was then no legalized primary.
is the answer of the liquor people
ho
primary law they have ample protec-
tion. This Is based on Section 4 of
Chapter 3o8. Acts OF 1910. which says
In part:
All provisions and requirements OF
the statutes of this State in relation
to holding of elections, sale OF intox-
icating liquors on election days and all
other kindred subjects shall apply to
primaries as far as they are consist
ent with this act. the intent OF this
act being to place the primary under
the protection and regulation OF the
laws OF this State governing elections"
Primary Not IN Election.
The "drys" also cite the Byrd law.
which makes a distinction between
ELECTION" and primaries" but here
they are told that they cannot road
into law something which the franz
ers had not contemplated, and that tho
legislators who passed Section 5Ss did
not have the legalized primary in
mind when they used the broad term
election"
That there are two interpretations to
be put upon the law as it now stands
is admitted by prominent attorneys OF
this city who have studied the cues
ton. Ono stated yesterday that courts
would be compelled to pass upon tho
matter before il could clearly BIO
settled. He has been retained by tho
Chatham people to render an opinion.
but has not yet made out his brief
In order for the Swansporo saloon
men to appeal to the Chesterfield Cir
cult Court. they must get up a petit
ton with the signatures OF fifteen
qualified voters setting forth tho
grounds for the contest. Two OF the
petitioners must take and subscribe to
an oath that the facts are true to the
best of their knowledge. The papers
must then be filed in the office OF the
clerk of the court, and notice OF the
contest published. One or moro per-
sons who voted In the local option
election can then Ale an answer In
writing. The Judgment OF the court
is final. The Swansboro saloons can
remain open until October 49, but may
get an extension of time pending the
hearing of the contest, IL they decide
TO go to court