The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-04-17

Who may Jurors
US be sooner the Supreme Court Of Arpeaiss
Ii called upon ID decide this question the the
better for the Common wealth The Atfor-
.ney- General has given two conflicting opin.
ions ss 10 when The year begins and ends
forwhich the capi:ation tax must be paid paid.
AZ decision differing from both has been
rendered by Judge BOILING, OF WYthe,
who had to decide as to the competency OF
q Juror who had not paid his capitation tax
when no served upon q jury. The Judge
held that as the juror had not been returned
delinquent ne was g elig ible' as q Juror,
basing his decision upon the ground that
the capi,ation tax for 1877 may be paid at
any time before June 10, 1878, and that the
person In question was to be considered Q
legal voter until so returned delinquent.
We suppose that the Judge OF Rockingham
county decided Just tue other way when he
recently quashed number Of indictments
found by grand jury which had upon it
some persons who had not paid the capita
ton tax.
We need not say that We agree with the
Attorney.Gener in his last opinion, and
differ with Judge Boiling. We discussed
this question a year ago. 1t appears to US
little less than absurd to hold that because
man can qualify himself to be voter,
therefore be is qualified to be a voter. The
language OF the Constitution is plain:
Article III, section 8. ssAlI persons enti-
tied to vote and hold office, and none others,
shall be eligible to sit as jurors"
Suppose young man twenty years and
nine months old should claim to be eligible
as Juror because he would be voter at
the next election. Could he serve as Juror
Certainly not. he must be twenty.one
years old ut the time OF service. So per-
son must be 6 entitled to vote" at the time
OF service. He must be qualified that very
day. He must be man who could vote
that moment il an election were progress
ing. There may be special election held
on any day in the year. Is jurors COM
potency to depend upon whether specla!
election is held or not?
If Judge BoLLING's argument is sound, it
applies to voters as voters as well as to w.
tiers as jurors. A man applies to be regis
tered. He is informed that be is not g en-
titled" Why not? Because he has not
paid his capitation tax. "But that is moth
ing" be argues. 81 have until the 18th OF
June to pay my tax" And he quotes
Judge BOILING, who argued as follows:
"Can it be said that he is disqualified
voter until after that day? / think not.
This disqualification is conditional and in
suspension, and does not really attach to the
voter until the day OF election, and when he
offers himself to the judges OF elections as
an elector, and they have the right to de-
mand to know il he has paid his capitation
tax. They are the peculiar tribunal es-
tablsbed by law and given jurisdiction TO
decide this matter, and they must receive
the evidence prescribed. and no other has
right to demand if q man has paid bis tax
to the State until the day is past in which be
can pay"
If this argument is sound registrar has
no more right to refuse to register mans
name because he has not paid his capita
ton tax than a court has. The argument
is as strong az against the registrar as
against the court. This argument makes
the law override the Constitution. 1t as
sumes that every man is qualified to vote,
and requires the State TO prove the mega
tive.
Once more: II the judges OF elections,
instead Of the judges of the courts, are to
decide upon the jurors competency, there
may be hundred differing standards in
Virginia. In Richmond we have an cleo
ton in May. After that election, all men
who have not paid their capitation tax are
disqualified as Jurors. In one county a spe-
cial election is held in January; in another
in February; in another in March; and so
on all over the State; and in each county or
city the Judge of election tells the Judge OF
the circuit or coanty court whom he may
summon as jurors. And ii we had only BIZ
ennial elections, as we might very we'll have,
every man would be sseligibie" as Juror
for eighteen out of twenty-four months
without ever paying his capitation tax.
Judge BOILING says:
ITO hold otherwise would be to re-
QulTc lut iuuScS VI tuc Coui ID w SCC
that every Juror had Paid his capitation
tax before they could empanel a jury,
and to fix another time at which the
citizen must pay than that fixed by the law
and the CONSTITUTIONS rule which would
greatly impair and hinder the course Of
Justice. With whatever force it may be ar
gued that the failure to pay the capitation
tax disqualities juror after the expiration
of the year (and am Of opinion this is the
correct rule) it cannot apply when the
ticket is still in the hands OF the Treasurer
and the taxpayer not returned delin-
quent."
Well, that first is inst what the Constitu-
ton requires the Judge to do. Heis bound
by his oath to let no man serve as juror
IN his court who has not paid his tax for the
preceding year. The court has nothing to
do with fixing the time; but it must re-
quire that no man appear on It's juries who
has not paid it. If the parson choose to
put off paying his tax, he must put of
serving on the jury.
A -, !,