The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-05-16
ENABLING ACT IS
FOUND AMBIGUOUS
Acknowledgement Renders Opin-
ion Defining Voters Eligible
to Sign Petition.
ACTS AT STUART'S REQUEST
Holds That Persons Who Voted
Last November Are Qualified
to Give Signatures.
ACTS AT STUART'S REQUEST

AttorncyGeneral Pollard, NJ the re-
/ quest of Governor Stuart, rendered an
! opinion yesterday afternoon In regard
! to the qualifications for signcrs OF pc
| titions Tor the state wide prohibition
I election under The enabling act. The
( text OF the act defining persons who
| are eligible To sign the petitions Is
| ambiguous. MI. Pollard interprcts II
to mean that only persons qualified TO
| vote IN the general election of NoVcm-
| Der, 1913, can legally become Sipncrs.
y short tmo ago the Governor re-
! cciVeC letter from an officer OF the
! Antl-Saloon League to the effect that
/ the ambiguity of the section of the
| enabling act relating to the qlalinca-
| tons for $iGncrs of petitions was caus-
/ Ing concern, and requested an opinion
| from Attorney -Gcncral Pollard on the
| question. The language of tho act doe,
not make II clear whether persons
! qualified to vote in the last rcnerai
! election or persons quallncd TO vote
| under the terms OF the enabling act
! itself arc eligible To Sign the petition
calling the prohibition election.
ii Is somewhat unusual for the A.
| torncy General To be called upon 10y
! private individuals for a lccal opinion.
| and the Governor, in presenting the
Z request TO Mr.. Pollard. noted this cir
! cumstance In the Following letter:
GOV I3RNOR ANXIOUS TO
SERVE TIE; PUBLIC
i beg TO hand YOU herewith a com
! munication addressed to me by the
F, Key James Cannon, Jr., which will en-
!. plain itself. have every disposition
10 comply with any reasonable request
made by citizens Of tho state In matters
/ OF public opinion. and therefore, re-
| quest YOU rs Acknowledgement, to glv,
/ an "fhcial opinion upon the matter re-
fcrrcd TO. 1t being understood, how
| ever. that leave il for you TO decide
| whether or not YOU arc bound Official.
! ~ TO acccde to request of this ma
! turc and for these purposes"
Section ]. OF the enabling act. pro-
! vidcs that whenever such of the uual-
! incd voters OF the State as shall he
! equai In number 10 c-fourth of tho
numhcr of persons voting in the pre-.
! ceding regular November election Of
! thlS state Tor general officers, shall
/ petition the Governor as provided In
/ TINS act for an election i'm this state
on The question of prohibiting tho man
1 uiaciurc tor sale and tn. sale OF IN
! to%tcaiinE liquors In the State ,hs
! Governor shall Within ten days after
| tic receipt OF II certificate from the
| Secretary OF the Commonwealth
! issue n write or election. etc"
| In" phrase qualified voters" occur
: ring at the very beginning Of the sec
! ZION above, Is susceptible OF two con-
structions. said the Aforementioned.
Either the language means voters
! VINO were qualified to vote at the last
! general election. voters who are
! qualified TO vote under tho terms of
The act itself. My decision Is in favor
! ol me former constructions"
| MT. Pollard says that to allow 1,Iv
| other person than one qualified to vote
! in the last general election to sicn IN.
pcotion would cast some Doubt unon
/ the regularity of the petition