St. Tammany farmer. [volume] (Covington, La.) 1874-current, 1900-06-09

18.s - 0eCOnO.ClSSS m0CtcI
One Dollar q Year.
Concerning Article 1873 of
the Louisiana State
Constitution
Of 1898.
It is we'll settled principle Of
law that every citizen Is presumed
to know, in a general way, the Con-
stitution under which he lives.
Such being the case, it must neces-
sarily follow that when State, in
due course of law and under proper
authority. causes Constitutional
Convention to be held, and said
Convention, IN fulfillment Of Its
duty, drafts and adopts a new Con-
stltution for said State, lmmedl-
ately upon the adoption being
properly proclaimed. each and
every citizen of said State is con-
clusively presumed to become
aware of its contents.
In the Constitution before us for
consideration we note that the Con-
vention that drafted 1t was vested
with supreme authority in the mat
ter; and having such authority the
SAID Convention carried out, In
proper form and manner, the pur-
pose for which it was called, name
IL, the drafting of Constitution.
Thus it is obvious that the Con-
vention, having been vested with
proper authority, it must follow
that its work is legal, in 40 far as
1t does not violate the Constltu-
ton OF the United States or conflict
with the fundamental law of The
land.
Having considered the legality
of the Constitution as whole, we
now turn to the main point at issue,
namely, the effect and defects, if
any there be, of Article 1913, the
same being as follows:
No person less than sixty years
Of age shall be permitted to vote
at any election IN the State who
shall not, IN addition TO to the
qualifications above prescribed. have
paid on or before the 3lst day Of
December Of each year, preceding
the year in which he offers to vote,
a poll tax of one dollar per annum,
a ee Be exclusively in aid of the pub
lie schools of the parish in which
such tax shall have been col
lected, which tax is hereby imposed
on every male resident of this State
between the age of twen.y-one and
sixty years. Poll taxes shall be
) lien only upon assessed property,
aud no process shall issue to en-
force the collection Of the same ex-
cept against assessed property.
sEvery person liable for such
tax shall, before being allowed t.
vote, exhibit to the Commissioner
of Election his poll tax receipts fol
two years, issued on the official
form, or duplicates thereof; in thu
the event Of loss proof Of payment
of such poll taxes may be made by
Z certificate Of the tax collector,
which shall be sent to the commits
sioners Of the several voting pre-
cincts, showing a list of those who
have paid said two years pol
taxes, as above provided, and tho
dates Of payment. 1t is hereby
declared to be forgery. etc., etc. y
I'VE here leave out few lines moi
material to the point at issue.
1.-The provisions of this section Al
to the payment OF poll taxes shall
not apply to persons who are deal
and dumb, or blind, nor to persons
under twenty-three years of age,
who have paid all poll taxes as
sesscd against them. This section
shall not go into operation Until
after the general State election To
be held in the year 1900, etc.
For the most part the above arti-
Gle is very PLAIN il its terms. The
part that states when it shall &C
into operation is intrinsically am.
biguous, aud can be made clear
only by the rules Of constitutional
Interpretation. The question is
Did the article as a whole 20 into
effect Immediately after the gen
eral State election of the year 1900,
OF did SO much of it as relates t
the payment of the poll tax 60 into
operation Immediately upon The
adoption of the Constitution il
1898, and that part concerning ths
production of the poll tax receipts
in order to vote, to take effect only
after the general State election o.
1900?
We shall endeavor to show thaI
the latter proposition is the correct
one; that it was 80 intended and i
the law. Before entering upon thu
reasoning, however. let us consider
4 few established principles.
The following principles govern
ing the construction of State Con
situations are laid down by Judge
Cooley: The construction must bt
uniform and unvarying: Is Mich,
1873; 10 How, 1913; and sensible.
80 Is to effectuate the Legislative
intention aud, if possible, avoid al
unjust and absurd conclusion, la
II s.. ~. tn object of construc.