The record-union., 1898-02-25
COUNTY CAN'T DISCRIMINATE
NO EXTRA ROAD POLL TAX FOR
CHINESE AND JAPS.
The Constitution Would Not Per-
NIT Such a Thing to be
Done.

At the last meeting of the Board of
| Supervisors County Assessor Berhey
asked that the board levy special poll
tax on aliens for road purposes, and
thus avoid the levying of the regular
road poll tax.
District Attorney Ryan then and
| there informed the board that such a
thing could not be done under the Con-
stitutioE, however much the board
might desire to raise road funds with
out having to impose the regular road
poll tax He was asked, however. ID
file written opinion with the board at
/ its next session.
This Mr. Ryan did yesterday, and
the opinion was as follows:
To the Honorable Board of Superyi-
sors of Sacramento County-Gen;lemen !:
Answering yours of February 11th, rel
ative to the power of the board to levy
a road poll tax under the provisions of
| the revenue laws of this State, it is
my opinion that no discrimination can
| be made under our present laws against
any class of people.
The Constitution provides, Article Is,
Section y: THE Legislature shall pro-
| vide for the levy and collection OF an
annual poll tax of not less than 50 on
every male inhabitant of this State
over twenty-one and under sixty years
of age, except paupers. idiots, insane
persons and Indians not taxed. Said
! tax shall be paid into the State school
/ fund
Section 1899 of the Political Code pro-
vides: Every male inhabitant of this
State, over twenty-one years and under
sixty years of age, except paupers, in
sane persons and Indians not taxed,
must annually pay a poll tax of So;
provided, the same be paid between the
| first Monday in March and the first
Monday III July; but if not paid prior
to the first Monday in July, then it shall
| be 50: provided, further, that nothing
herein shall affect any laws imposing a
greater poll tax upon any inhabitants
ineligible to citizenship"
| The latter part of this section, viz
| Nothing herein shall affect any law
imposing any greater poll tax upon any
| Inhabitants ineligible to citizenship -
does not, as contended for by Asses
sor Berkey, confer upon the Board of
Supervisors power to impose a road poll
tax exclusively upon aliens 1t is an
exemption which applies to laws eli
acted by the Legislature imposing a
greater poll tax upon aliens ineligible
to citizenship. 1t has no bearing what
soever upon the question Of road poll
| tax
=. The boards power to levy a road poll
| tax is found in Section 1862. Political
| Code, viz
Section 2652: THE Board of Super
Vlsofs may, annually, at any regular
meeting held between the first days Of
January and March of each year, levy
on each male person over twenty-one
and under fifty-five years of age, found
| in each road district during the time
for the collection of road poll taxes for
that year, excepting all persons who
| We're hCrorably discharged from SER
vice in the army or navy Of the United
States, at any time within the first
day of April in the year of our Lord
eighteen hundred and sixty-one and the
| first day of September. in the year OF
our Lord eighteen hundred and sixty-
five, an annual road poll tax not ex-
ceeding 50; and from every such per-
son not above excepted in a road dis
trict, who has not paid the same in
some other district must be collected
the amount of road poll tax so levied. :"
Respectfully submitted,
FRANK D. RYAN,
District Attorney
supervisor Curtis then moved that
road poll tax of 81 on each male inhao-
liant Of the county outside of the city
for the year 1898, to be levied the sana
to be applied to road purposes, and it
| was so ordered