The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1918-08-16
EPISTOL WAR
Continued from Page tvO)

other parties ether than the Demo
cratic and Republican, as well as any
/ group OF citizens. who have right
20 nominate under our statutes, from
being placed upon the official ballot
for the next election. In other words,
YOU would rob Peter 10 pay Paul. II
this plan could be carried out, (but Il
could not. we could hardly boast that
we had a government "of the people,
for political office may be made other
than by Primary Election. Twas also
not unaware that neither the Prohibi'
tionists nor Socialists made nomina'
tons at the recent Primary Election
but am now and have been OF the
opinion that 4 the Prohibitionists ard
Socialists desire or intend to put tick
cts on the ballots in the manner pre-
scribed in Section % OF IN Primary
Law, they could and would do 50 as
soon as Il was known that the ballot
! Commissioners proposed 10 have the
Soldiers Ballots printed by a certain
tine, say sixty days before election
or September 5th | assumed when
wrote. and I assume now. that they, o.
well as other patriotic citizens, desire
10 cooperate 10 the fullest possible eX'
tent to make Il possible for the sol
diers to vote. To file their nomiEl
tons sixty days before the election
Il such time disfranchise them nor en-
al any hardship on them. and as pa.
triotic citizens they would certainly
prefer doing that 10 delaying the print
reg OF the soldiers ballots 10 a date
late 10 get them returned on Eiec'
on Day. or to helping bar the expense
" Special Session f'he legislature
The time provided for filing nomin'
Hons, as well as filling vacancies, mus
",ald 10 the broad intent Of the Legl
'7;ure as expressed in the Soldier
}Gllot Law, which specifically says !,
lust be construed literally to give
. full force and effect" and the last
ause OF which specifically repeats all
1nrlicting provisions. That was and
my firm conviction as 10 the correct
depreciation Of the Legislative in
mt as expressed in the Act passed TO
meet the new and extraordinary con
lions, and which. as would any Act
'ssed, be bound TO fail unless all pub.
officials seek 10 construe and en-
zee Il in the broadcast spirit possible
After having reached these cOnclu
ions, submitted the question to 2
umber OF the States most eminent
1wyers. Each one who has replied
las agreed with that position IN whole
~ in part am enclosing copy OF the
opinion of two Of them, Hon Fred o
Blue and Hon. VIM. Z. Hubbard, az
veil as q copy Of paragraph 2, Section
.. OF General Orders No. Sc. OF the
War Department, indicating the eG
t"rt to which the Federal Government
will aid the States in obtaining the
vote OF men in service. II ! am wrong
'&o7e eminent gentlemen are equally
eng.
feel that this IL no time nor Is thi
natter where technical and hype
cal objections should be Taise'
on the other hand. political pf
s. citizens and public ofiici
vuld cooperate in constituting 4
in the braOd and liberal way IL
dslsture said II should be co
aed norder TO give ths men in SO
q an opportunity to vote. II the
desire. A majority Of the member
the Legislature have plainly indica
they do not know how the present
81 could be improved upon and until
M unless they indicate they do know,
certainly do not fel justified in As.
milling them In a third Special Ses
y.
/ insist II the ballots are not put
. the hands Of the sOldier-applI
us in time to return them to the
dsrars before the day OF election.
that II the Registrars do not reg.
T soldiers entitled TO vote, It viii
because the ballot Commissioner
d Registrars fail to do what the
legislature contemplated they would
and what the Act itself commands
EN- directly ant b! implication to
10.
do not think II necessary TO astert
my desire to secure for the soldiers
I'll he rights and privileges 10 which
ley are entitled have tried to man
est my interest in them In work
her than words. but ! must also
ndful Of the interest Of all the pee
q. including those at hon. as we'll a
nose in the army. in determining the
question OF the proposal for a third
Special Session.
| continue the final paragraph OF
your letter TO mean you decline 10 Co
operate with me in securing the print
ing Of the ballots earlier than has been
customary In the past and IN placing
them in the hands OF the egistrars Ia
forward them to soldier applicants in
time for the ballots OF be returned be-
fore Election Day, you saying this srg
gestiOn is made in the teeth OF tie
Statute and the decision Of the Su
preme Court Of Appeals" You evi
dntly are OF the opinion q Statute once
made can not be repealed either By
implication OF by express provision, OF
that q new and different Statute does
not obviate a Court Decision based
upon Statute that has been repealed
Again l am compelled to disagree with
you. II the West Virginia men under
arms are DISTINGUISHED It will be be
cause the egistraTs and ballot Com
missiOneFs follow your advice and re-
fuse to give them an opportunity tC
vote. For my part ! shall assume that
Socialists, Prohibitionists, and all 9th
ers will not only read the Soldiers
Ballot Law and "construe It literally
90 as to give It full forcs and Rect,
and that they will file their nomina
tions, II they desire to make any, and
fill vacancies, II there are any on theiI
tickets. at an early date, but also that
the ballot Commissioners will likewise