The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1902-01-12
Friendly Suit Filed Against COL
IectOI Francis in Circuit Court
GOES TO SUPREME COURT
Attorneys viii Ask That the Case Be
Advanced and a Final Decision
Rendered BY the Supreme
Court This Week.

Judge A. A. Coleman in the Circuit
Court yesterday rendered an opinion that
poll tax should be paid to the county
tax collector. The suit is a friendly one
and was filed yesterday morning to test
the question as to whom citizen of Bir-
mingham must pay his poll tax in order
to vote under the provisions of the new
constitution. An appeal from Judge
Coleman's decision was taken at once
decision from the supreme court this
week
The bill is brought by Mr.. Kinds Peevey
against Mr.. j. B. Francis as tax collector
of Jefferson county. Plaintiff alleges that
he is citizen of Birmingham liable to
pay poll tax and that A. A. Gambill Is
authorized to receive said tax and that
]. B. Francis is the tax collector of JEFF
ferson county
The bill sets out that Article 2. Section
1 of the constitution of 1875 provided
for the payment of $3.50 poll tax which
was W 81 " lilc tQuCdllOuttl luuu.
Power to Levy Poll Tax.
That Section 81 of the act of February
for Birmingham gave to the mayor and
board of aldermen full power to levy
a poll tax from the inhabitants of the
city liable to pay the same, which was
to go exclusively for use of the public
schools of the city. That Section 349 of
the City Code requires poll taxes paid
to the proper city officer.
The petition then sets out Section 17S
of the new constitution which requires
that before any one can vote at any cleo
ton he must in addition to other quail
fications have paid his poll tax of $3.50 on
or before the first day of February next
proceeding the date of the election at
which he offers to vote. The county tax
collector is to make separate returns of
these poll taxes
The petition then says that on January
10, 1902, be rendered to said J. B. Francis
$3.50 for payment of poll taxes and the
said Francis refused to accept the same
contrary to his duties as above set out.
Wherefore he prays writ of mandamus
directing the said ]. B. Francis as tax
collector, commanding him as such to
accept said $3.50 in order that petitioner
may not lose his right to vote in the
next general election.
Files a Demurrer.
Tax-Collector Francis filed demurrer
to the petition on the ground, among
others, that it showed on its face he was
not the tax collector of the city of Bir-
minghatn, and that the General Assembly
of the state of Alabama delegated to the
city Of Birmingham the right to collect
the said tax, and that defendant has no
right to collect the same. Also that the
petition shows on its face that no poll
tax is due by any citizen of Birmingham
either to the state or the city, and that
A. A. Gambill is the proper person to re-
ceive the poll tax of petitioner.
Defendant also filed an answer, charg-
ing that he is the tax collector author
lied under the present constitution to col
lect poll taxes from the city of Birming-
ham, but that petitioner should pay 1t
to A. A. Gambill.
The plaintiff is represented by e. K.
Campbell and the defendant byb City At
torney Edward Smith.