The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-05-16
PETITION MAY Be ,
SIGNED BY VOTERS
IN LAST ELECTION
Attorney General Pollard in
Opinion Presented Governor
Sets Forth Qualifications of
Signers.

Qualifications to be possessed by
those who sign the petition to the
governor asking him to issue a writ
for the Statewide prohibition election
to be held in September, are clearly
set forth in the opinion of Attorney
General John Garland Pollard sent to
Governor Stuart yesterday. The let
ter Of the attorney general presenting
the opinion is as follows:
His Excellency. Henry c. Stuart,
Governor of Virginia, Richmond,
Dear Sir,-Yoa have referred to this
Office a communication from Rev James
Cannon, Jr.. asking for an interpre-
tatfon of the sections in the enabling
act when refer to the qualifications for
signers for the Statewide prohibition
election / beg leave to submit the
following in reply thereto
Section ! of the enabling act pro-
vfdes that '"whenever such of the
qualified voters of the State as shall
be equal in number to oue-f fourth of
the number Of persons voting in the
preceding regular November election
of this State for general officers, shall
petition the governor as provided In
this act for an election in this State
on the question of prohibiting the
manufacture for sale and the sale OF
Intoxicating liquors in the State, the
governor shall within ten days after
the receipt Of a certificate from the
secretary of the Commonwealth issue
a writ OF election" etc.
Section OF the enabling act pro-
vides as follows:
Petitions for the calling OF an cleo
ton under this act shall be substan-
TALLY in the following form: To his
excellency, the governor Of Virginia
H. t,-., Tax
whom hereby declare that he is n
qualified voter OF the State Of Virginia
and that he has not within the past
ninety days signed any other similar
petition, hereby petition your ex-
cellency to cali a state election" etc
Section { OF the act makes II the
duty OF the secretary Of the Common
wealth to certify to the governor the
fact that "the number Of voters OF the
State required by this act have petit
toned for an election under this act,
accompanied by statement showing
the number SO certified 10 have thus
petitioned. and the total number OF
votes cast at the last preceding regu-
lar election"
II is perfectly clear from section
quoted above that the petition to the
governor must contain the signatures
Of such of the qualified voters of the
state as shall be equal In number to
.one-fourth OF the number Of persons
voting at the preceding regular cleo
ton; and the only question Is what
is meant by the qualified voter Of the
State. Two solutions of this question
are possible: Either the language
means voters who were qualified TO
vote az the last general election or
voters who are qualified TO vote under
the terms Of the act itself My de-
Ctstun ts ir favor or the former con
struction for the following reasons
First, the term qualified voters In
the first section is used In conjunction
with the persons voting at the pre-
cetIing regular November election In
this State for general State officers"
Second, under the decision Of Willis va
Kalurbach. 100 Va AIS. the quali7ca-
tons of voters for local option and
other special elections need not be
the same as the qualifications for Vot-
ers In general elections. In other
words, IN fixing the qualifications for
a special election. such as Is contem
plated by the enabling act, the legis-
lature has the power TO adopt special
qualifications different from the gem
eral qualifications required by the CON
stitution for those desiring to vote
for elective Offices Therefore. the
term qualified voters" In the enabling
HNt NDOlG seem 10 ne GStG III section
to refer. not to those who may be
qualified TO vote under the special law
there being enacted, but TO those who
were qualified to vote al the last gen
eral election for general State officers
Third The qualifications for voters
under the enabling act may he divided
into three classes: first those who
were qualified to vote at the regular
November election 1919 second. per
d H. = H. u
when no capitatioh tax wRs assessa-
BILE against them for the year 1918. and
who shall thereafter register by rea-
son of becoming OF lawful age prior
I 10 the date for holding OF the election
under the enabling act. and a third
class not necessary here 10 be an
alyzed. as ! have IN a previous let
ter thoroughly analyzed this class. It
would he doubtful construction which
would allow a young man becoming OF
Lawful age in August. 1914 To sign the
petition for the enabling act, for at
the time that he signed It he could
certainly not be called a qualified
voter. although he might be a qualified
voter in the September election. Aud
so. also. TO allow any other person
/ than one coming under the first class
mentioned above TO sign the petition
would cast some doubt upon the regu-
larty Of the petition.
For the above reasons. ! am CON
strained to hold, therefore. that only
those voters who were qualified voters
Of the State at the regular election
in November. 1913. in this State for
general state officers should be allowed
to sign said petitions,
Respectfully submitted
JOHN GARLAND POLLARD
Attorney General of Virginia.