Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1930-03-29

Especial TO The Richmond PlaneC)
Hampton, Va, March 25.-When
Lawyer A. W. E. Bassett, Jr,, who
has been waging ceaseless fight
against the registration officers OF
Elizabeth City county appeared be-
fore the Supreme Court of Appeals
at Richmond about two weeks ago
with Attorney ]. Thomas Newsome,
of Newport News, associated with
him, to present petition for a
writ of error on behalf, of w. E.
Davis, of Hampton, who had been
denied registration, there was pre-
sented to the Court for final judg-
ment a matter of the most vital
concern for the Negro people of this
State, and in fact of every Southern
Commonwealth. The court granted
a writ of error.
The Case
w. E Davis complied with the
law in his application to register. 1t
was made in his own handwriting to
Thomas C. Allen, registrar of his
precinct, setting forth without aid,
suggestion or memorandum his name,
age, residence and occupation at the
time and for more than one year
next preceding, and all other things
required to be specifically set forth
in the application. He also exhib-
tied receipts showing the payment
of poll taxes as required by law,
and was prepared to answer on oath
any and all questions affecting his
qualifications as an elector, as re-
quired by the Constitution of Vim
ginia, section 20, which is as fol-
lows in the third paragraph thereof
"That he answer on oath any
and all questions affecting his
qualifications as an elector, sub
mitted to him by the registra-
ton officer, which questions and
answers thereto, shall be re-
duced to writing, certified by
the said officer, and preserved
as a part of his official rec
ords."
The registrar evidently not wish
ing to know whether he possessed
the necessary qualifications required
of him by section Is of the Con-
stitution, proceeded to ask him ques-
lions that would bring into use that
section of the Constitution that was
obsolete after 1904, namely, section
10, which is now obsolete insofar
as regards persons registering after
1904, and of such general nature
as to elicit from him how far he
was generally informed, the ques-
tons being as follows:
/. What is meant by legal
residence in Virginia?
2. When is the payment of
poll taxes not required?
8. What are the requisites to
enable one to register in Vir-
ginia?
The Petition
The petition for the writ of error
attacks the right of the registrars
after 1904 to ask the applicant for
registration any questions except
those touching his qualification as
an elector. These questions, the pc
tition sets forth, cannot extend to
the understanding of the applicant
of any law whether organic or
statutory, the provision of the Con-
stitution under which such questions
could be asked prior to 1904 having
become obsolete by the very words
of the Constitution itself. When the
application has been made out as
already set forth in the manner
which the Constitution prescribes,
then the registrar can only question
the applicant in accordance with
the section of the Constitution above
referred to.
So, from this, it seems that it is
the duty of the registrar to write
the questions and the answers of
the applicant, and not the duty of
the applicant; in other words, af-
ter he has written his application,
he is only required to answer on
oath such questions, and not to
write them. So, having paid his
poll taxes and written his applica
ton in proper form, and answered
questions showing his citizenship,
age, residence, in state, county or
city. and his precinct, he still is
subject to the following disqualifica-
tons: if he comes within that class
which includes idiots, or insane per-
sons, or paupers, or if he, prior
to adoption of the Constitution was
disqualified from voting by convic-
ton of crime either within or with
out the State and his disability shall
have not been removed, or whether
he has been convicted after the
adoption of this Constitution within
or without this State of treason,
felony, bribery, petit larceny, OBJ
tanning money or property under
false pretenses, embezzlement, forg-