Black v. Trower

Citations

• 79 Va. 123
• 1884 Va. LEXIS 68

Syllabus

<p>x. Constitutionality—Electoral Boards—Freehold qualification.—Act of February 14th, 1884 (Acts 1883-4, p. 150), prescribing that members of electoral boards shall be freeholders, contravenes Va. Constitution, Art. III, sec. 2, which declares that “ all persons entitled to vote shall be eligible to any office within the gift of the people,” and is void.</p> <p>2. Idem—Acts partly constitutional.—A statute may in some of its provisions be constitutional and in others not. If the unconstitutional be so connected with the constitutional that the one would not have been enacted without the other, the whole is void.</p> <p>3. Construction.—In said second section, the words' “ office within the gift of the people,” include all offices, as well those filled by the legislature as those filled by popular vote.</p>