The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-11-29
POLL TAX AMENDMENT
MAY BE MADE TO APPLY TO THE
PRIMARIES.
Lies With the Legislature When 1
Frames the Enaetng Law--lt Is an
Important Matter TO the People.
fRr Harry Hnrnes.l

Austin, Texas, November 2s.-(stafr
special)-There was great rejoicing among
the advocates and friends Of the poll tax
amendment TO the state constitution when
its adoption became known at the last
State election by such a pronounced and
decisive majority. Some uneasiness was
felt, however, lest the provisions would
not apply TO municipal elections. and At
torney General Bell was appealed to for an
opinion on this feature Of the amendment
Judge Bell expressed himself to the effect
that the provisions OF the amendment
would apply to city elections MS well as
State and county. without additional action
by the legislature
One more bridge was thus safely crossed
in this suffrage reform movement. and
there was a general clapping Of hands by
those who believed that all who exercised
the right OF franchise should acquire this
right by the payment of poll tax.
Another phase Of the amendment in It's
application TO elections has given rise to
much dlscussioS by the press aud poll
ticians. Under the present organization OF
the democratic party in Texas, so FAR at
least as the state officers are concerned.
the general election is simply pro formA;
the results are settled In the primaries
In States and counties where the numeri-
cal strength Of political parties is SO even
~ divided that majority or plurality is a
question, primary elections are not de-
clslve candidate might be nominated
In the primaries and defeated in the gen.
eral election. But in States known to be
dominated by one political party. such
for instance as Texas, the primary cleo
tion, or rather as they should be called
nominating elections, settle matters.
Colonel Lanhams election was just as
well known last summer after the counties
had held primary elections as It was after
the FIRST Tuesday IN November after they
had all held general elections. So. as
stated, primary elections are decisive, prac-
tically II not technically. The discussion
now going on Is, can the poll tax amend
ment 10 the constitution, when put IN force
by the legislature be made 10 apply to
the prlmdries3 Tho statute seems to settle
the question. because It gives the primaries
standing in law, though this is not adj
mitted by ALL
Article 1924. criminal code provides;
ANY person voting at any primary election
called and held by authority Of any polit-
l'hl party IOF lnt PURPOSE OF nominating
candidates OF such political party for any
public office who Ia not qualified to VOte
in the election precinct where he offers
10 vote at the next state, county or mu-
nicipal election, or who shall vote more
than once at the same. or different pre-
cincts or polls, on the same day or DIFF
ferent days In the same primary election.
shall he deemed guilty OF a misdemeAnor
and, upon conviction thereof shall be pun
ished by a inc OF not exceeding $500 or
by Imprisonment in the county jail not eN-
coeding sixty days, or by both, such inc
and imprisonment
This statute, therefore, clearly settles
the question as TO whether the amendments
apply to primary elections, and while the
attorney general has not been appealed 20
for an opinion on tho subject, II he should
he he is quite likely TO answer quoting
the above law.
There is still another feature OF the poll
tax amendment to the constitution involv
ing indirectly the right Of suffrage inter
cstlng TO notice Article 3139, chapter l, OF
the Revised Statutes IN defining the quali
hcations OF jurors, reads;
He must be a citizen Of the State and
Of the county IN which he is to serve, AMI
qualified under the constitution ana laws
to vote In said county.
In the discretion of the court in certain
contingencies some Of the qualifications
prescribed in chapter / for jurors may be
waived. hut no discretion is given to waive
the qualification 10 vote. So that not only
docs the adoption Of the poll tax amend
ment AFFECT and restrict the question OF
suffrage but affects and restricts the or
ganization Of iuries also.