Arizona silver belt., 1900-10-04
POLL TAX LAW.
A Partial Text of the Decision Of RE. Sloan, Sustaining the Va
 lidity of the Law


 titl, Saxon $. Acker, against the de fendant, l.. w. Quinlan, as a register ing officer of the county tO obtain | writ of mandamuS requiring said reg istering officer to place his name upor the great register of the county. The complaint sets forth that the plaintiff States, over the age of twcnty-on, wears, a resident of the territory, ol the county and of the precinct of MOr. mon Dairy for more than two years preceding the bringing of the action; that he is sane person and has not been convicted of any infamous crime. The complaint also states that the plaintiti duly appeared before the respondent, L. w. Quinlan, who was then and there duly appointed, qualified and acting justice of the peace, in and for Flagstaff precinct and by virtue thereof q registering officer of said county, and presented an affidavit which in effect set forth his qualifications as an elector, to-wit; That he is male citizen over the age county of COcOninO county, in the territory of Arizona and the precinct of Mormon Dairy for more than two wears preceding the date of the atli- davit and that he was in other re- SpectS a qualified elector.
 The complaint also states that upon the presentation of the affidavit; the respondent required of him the pro ductiOn of a receipt showing that the plaintiil had paid poll tax for the year 1900, but that the plaintll re- fused, and still refuses to produce such a receipt, and that thereupOn the registering officer denied him the privilege of having his name enrolled upon the great register of the county.
 The plaintiif also states in his com plaint that he has not paid the poll tax for the year 1900, and further states that he is not by law exempt from the payment of poll tax under the laws of the territory. The plain tiff further states and sets forth that by virtue of Act No. 3I of the 70 legiS- lative assembly of the territory of Arizona, entitled An Act Requiring the Payment of Poll Tax of Electors in Arizona, before They Shall be En- titled tO Have Their Names Entered upon the Great Register of the County That said Act was unCun StitutiOnal, void and of no effect. for three reasons: First, That the Act is unreasonable; Second, That it is lack ing in uniformity and; Third, That the Act is not impartial in its appli- cation.
 The district attorney, on the part Of the respondent, has entered gen eral demurrer. So the sole question presented for decision is the validity of the Act No 37 of the 2Oth legislative assembly of the territory of Arizona, entitled. An Act Requiring the Pay ment uf a Poll Tax etc.
 Upon the argument in this case, by the learned counsel who presented this case before the cOurt, it was con ceded that the act in question was not in conflict with any provision of the organic law. The organic law of this territory is found in the cUnStitu tion of the United States and in the laws of congress; or il might be eN- pressed in this way: The organic law of the territory iS found in the acts uf congress, because the constitution becomes part ot the organic law of the territory by reason of an act of congress. Section 1860 of the Revised Statutes of the United States provides:
 "A all subsequent elections in any territory hereafter organized by con gress, as well as at all elections in ter ritOrieS already organized, the qualiii- cations of voters and of holding office shall be such as may be prescribed by the legislative assembly of each terri tory; subject, nevertheless, to the fol- lowing restrictions on the power of the legislative assembly, namely: First. The right of suffrage and of holding office shall be exercised only by citizens of the United States above the age of 2l years and by those above that age who have declared on oath, before competent court of rec ord, their intention JU become such, and have taken an oath to support the constitution and government of the United States.
 Second. There shall be no denial of the elective franchise Orof holding office to q citizen on account of race. color or previous condition of Seryi- tude.
 Third. No officer, soldier. seaman, mariner or other person in the army or navy, or attached tO troops in the service of the United States, shall be allowed to vote in any territory by reason of being on service therein, un- less such territory is, and has been for the period of six months. his per mlnent domicile.'
 II follows further that the legjSla-