Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1892-08-20
NO PAY, NO VOTE !
The School Tax and an Opinion of
Timely Interest by the Solici-
tor General.

The appended correspondence will be
Of interest to all New Mexico voters:
Hon. Amado Chaves, Supt Schools Santa Fe,
NM
ALBUQUERQUE, N. M, Aug. IL, 1892
DEAR SIR: In the collection Of poll tax in
this district have met with quite an in
trcate question, as follows: Last April,
at the city elections here, all voters paid
their poll tax. The receipt given by the
clerk OF the district was dated in the year
1892 and the receipt read: "Raceive1
from - --, 81, poll tax for the
year 1891" Some claim that they haveing
paid their poll tax last ALril are rot re.
qured to pay their poll tax before Sep.
tember Z, in order to entitle them to vote
at the coming November election. |
have seen ,, the district attorney of this
district and he claims that be has no
authority to give an opinion to me on the
subject. believe that You will confer
favor upon the whole territory BY having
an official opinion from the solicitor gem
eral upon the subject, and especially as
the schools will derive benefit Very re-
spectfully. L. l.. MEDLER,
Clerk. |
TERRITORY OF NEW MEXICO, |
Office of Solicitor General, |
Santa Fe, N. NJ, Aug. 10, '92.)
Hon. Amado Chsves, supt. Public Instruction,
Santa Fe, n. N.
Dear Sir Your favor of the 18th inst,
stating that in certain school districts in
the territory, the voters who desired to !
cast their ballots at the city election held |
in April last, had paid their poll tax, and
that the receipt given to them by the
clerk Of the district, was dated in the
year 1892, but the receipt reads: ere
ceiVed from - 81 poll tax for the year
1884," and that those 80 paying now
claim that having paid their tax in 1892,
that they were not required to pay the
poll tax again to qualify them.as electors
at the general election to be held in No
vember; and also stating that the dis
trict attorney had declined to give an
opinion on the subject to the clerk OF the
school board where the question arose,
and asking my official opinion upon the
question involved, has had my attention,
and in reply would say that the school
aw of 1891, chapter 25, section SO, levied
a pol tax Of 81 upon all able-bodied male
persons over the age of 2l years for
school purposes. 1t is made the duty OF
he county assessor to certify d list of
hose liable to this tax to the clerks of the
several school districts, whose duty it is
% collect the same, and they are author.
zed to bring suit for such collection if
he same is not paid in sixty days after
be lists are received. There is an addi-
ional provision that it shall be illegal for
my person to vote at any election who
las not paid his poll tax for the current
ear, and said payment must be made in
ase Of a general election sixty days pre-
'ious to such election, as amended by
ection 4, chapter II, laws of 1891. This
aw contemplates the payment of only
ne poll tax of 81 In one year. The cur {
ent year, is the year running, i. e. in ex-
stence at the time the election is held ; /
be civil or legal year, beginning on the t
st OF January and ending on the 3lst OF r
December, and the tax having been paid /
nee in that year, complies with the law &
or all purposes. The receipt itself, show '
lg tina it was paid in 1892 would be evil c
ence to show for what year the voter t
ltended it to apply, and the clerk can /
OF by stating in the receipt that /
was received for the tax OF t
o9l, deprive the citizen of his right to t
ast ballot in 1892; if he did not pay bis !
oil tax In 1901, he is liable to suit under I
le statute quoted to recover the same,
nd OF course he would have had no right t
vote during the year in which he did |
OF pay his poll tax. For various reasons
le voter may not have wished to pay this
* in the year 1891, and be willing to
se the rights which this payment con-
rred and incur the liability of law suit
Y its collection; while for other reasons
. would wish to pay it in 1892 and be en-
tied to all the rights and bene fits which
3 payment conferred, and this is strictly I
personal right and privilege of f,.the T
ector which can not be abridged or