The age-herald., 1902-01-24
ANOTHER QUESTION ABOUT LEGAL|TYOF POLL TAX PAYMENT Attorney Blackburn Objects to City Giving County
 Money CHARTER GIVES CITY RIGHT May Be Part of Movement to Claim That Persons Who Paid City
 Are Ineligible to
 Vote.
CHARTER GIVES CITY RIGHT

The city of Birmingham yesterday cis $2754 being the amount which has been paid to, the city by residents thereof as poll taxes for the year 1901. Under the new constitution, before person must have paid on or before February 1 his poll tax for the past year.
 When City Treasurer c. c. Engstfelt and City Poll Tax Collector A. A. Gam bill started towards the office of Tax Collector J. B. Francis to turn over tine money they were met by MT. Felix Blackburn, an attorney who verbally notified them that as a citizen he op- Jected to their paying over the money, claiming that the charter of Birmingham gave the city the right to collect a city poll tax and that this had nothing to do with the State or county poll tax. The money was, however, paid over and re- ceipt given by MT. Francis.
 Section of Charter.
 The section of the charter of Birming ham to which MT. Blackburn referred reads as follows:
 Section 15-Be it further enacted, That the Mayor and Aldermen of Birmingham shall have full power and authority to assess, levy and collect a poll tax from the inhabitants of said city liable to pay the same, to be applied exclusively to the public schools of the city. The poll tax collected from / the white inhabitants shall be for the benefit of the free white schools and those collected from the col ored inhabitants shall be for the benefit of the free colored schools of the city, said taxes to be assessed and collected by such officer as the boaIH may appoint. under such rules and regulations as 1t may prescribe; such officers to have the same rights, powers and remedies for the collection of such poll taxes as are now possessed by the tax collector and ether officers of Jefferson county.
 Would Throw Out Votes.
 In this connection some interesting gos- sip was heard yesterday. It is we'll known that MT. Blackburn opposed the adop- ton of the new Constitution, and it is said that this demand for the city to retain the poll taxes which 1t has col lected is but the first step in a movement later on, at or before the November cleo tions, to claim that those persons who have paid their poll tax to the city are Ineligible to vote In the election and that the payment of the money by the city to MT. Francis is illegal. If this contention should be sustained 1t would throw out about 1850 votes in the city. Only about twenty people have so far paid their poll taxes direct to Mir. Francis and as the time will be up February l, 1t Is proba- ble the total mum Der paid direct to him will be quite small. If these votes in the city can be thrown out, then the votes of Bessemer, Ensley, Pratt City and other suburbs whose charters are the same as Birmingham's can be thrown out, and it would leave to few voters in the coun- try beats to say who shall be elected.
 On the other hand it Is claimed that the issuance by MT. Francis of his re- ceipt for poll tax and the fact that he has the money Is conclusive and cannot be gotten around. MT. Blackburn could not be seen yesterday in reference to this matter.
 Tax Collector Francis has two men hard at work preparing the receipts for poll taxes and he hopes to have them ready in the next day or so, when those who are entitled to them can call and get them Ensley has paid in about $500, Bes- semer s516, and Pratt City $2Oo.