Mississippi leader. (Jackson, Miss.) 1892-1895, 1893-06-20
LIQUOR PETITIONS.
Some of the Legal Grounds on which
signers' Names May be Stricken OF.

| SBhefs Names May nc Str1cken on,
Who Are and who Are Not Legal Voters.
Special correspondence to the Jeader.I
JACKSON, June IA spirited contest
has just taken place between the Pro-
hibitionists and Ants here before the
city council, resulting the defeat Of
three saloon petitions pending befora
that body. When the registration
books had been purged of all illegal
names 10 in all-it was found that
the petitions contained only 145, or 6
less than the legal majority. Before
taking final action, the Board referred
the question of who are entitled to
recognition as legal voters and signers
of legal petition under the new Consti-
tuition and election laws to Hon. G.. NJ
Williamson, city attorney, who is him
self a non-partisan Prohibitionist. The
substance of his opinion, which may
be accepted as sound legal authority
in all cases where contests are waged
against liquor petitions. are given be
low.
To start with, it should be borne in
mind that the new dramshop law pro-
vides that no one shall be qualified to
sign liquor petitions except qualified
electors, and the Constitution requires,
among other things, that in order to be
n pt1oliHa1 al ho1 gGt,o;I
on or before the LIST day of February of
the year in which he shall offer to vote,
all taxes which may have been legally
required of him, and which he has had
an opportunity of paying according to
law, for the t,cO proceeding gears"
Mr.. Williamson held that it was
proper for the board to look over the
county rolls for '91-'92 and the city
rolls for '9O-'91; also that names of per.
sons on the registration books who had
moved away should be stricken off
The registration books are prima facia
evidence of who is entitled to vote and
sign petitions.
When a man is registered it is prima
facia evidence that he is a qualified
elector. but the registration books are
only prima facia evidence, and it may
be shown that any one or more of the
names appear thereon illegally.
The applicant for license or any
signer of the counter petition may
challenge the name of anyone on the
registration books and show by com
petent evidence that his name is i'm
properly there because of some dis
qualification. For instance, if it can
be shown to the satisfaction of the
board that any one whose name is on
the registration books is not u years
old; has not lived in the State two
years; is not resident of the county;
has not paid his taxes as required by
the constitution and the law; or that
he does not possess anyone of the quail
ifications mentioned in code sections.
it is the duty of the board not to count
his name in making up the aggregate
number of qualified voters.
1t follows that the board may and
should go behind the registration
books to ascertain if any challenged
voter has paid his taxes in the time
required by law, and on this question
of payment of taxes the receipt is
prima facia evidence of the payment
at the time of the date of the receipt,
but the tax receipt may be 1mpeached
by competent and legal evidence, and
shown to be a fraud and untrue A
person may hold tax receipt and may
never have paid any taxes.
If a tax RECEIPT has been dated up for
the purpose of enfranchislng man it
should disqualify him. But ON the
other hand. If Il person did in fact pay
the taxes required of him by law, or
offered to pay them before the LIST of
February of the year in which he Of
fers to sign petition or vote, he is
qualified so far as the payment of taxes
is concerned, whether his receipt bears
date before or after the LIST of Febru-
airy.
The sheriff's cash book has nothing
to do with qualifying or disqualifying
a voter.
If any one is challenged for non
payment of taxes the receipt should
be accepted as prirna facia evidence of
such payment, and as between the re-
ceipt and the entry on the sheriff's
cash book, the receipt will prevail.