Daily capital journal. (Salem, Oregon) 1903-1919, 1903-12-04
Chief Justlce Waldo Held the Legs
1ature Cannot Create New Quail
ficatiOns That Are Not IN the
Constitution
RepUblcan Members of the Charter Commission Opposed
PO1ltax Restriction on Voting, and the Disfran-
chising of Voters for Non payment of Taxes.

Ihe ClJlzenB counci at itS last SEES
sion ordered the poll tax clause en-
forced against voters in the new
wards, as well as in the old citys
Many people believe this was an in.
Justice. as there is no way for the
city government to prove, from it's
records, who paid tho $500 poll tax,
or who had not paid.
Prominent lawyers interviewed yes.
terday in. The Journal, including At.
torneys Bayne and Slater. who were
OF the committee that drew the char
ter, declared It was not the intention
to force the poll tax provision on the
new wards. Poll tax collection has
not been pushed, and hundreds would
be disfraRchised.
City Recorder Judah published an
'oplnIon in this mornings Statesman
from Mr.. Slater, who, he says. framed
the poll tax provision Of the Greater
Salem charter. Here Is Mr.. Slater's
opinion In full:
Mr.. slater's Opinion.
Salem, Or, Dec. 2. 1913.
IN j. Judah, Recorder OF the City of
Salem:
Dear Sir; At your request made
on behalf OF the city OF Salem. for
my written opinion whether as a mat.
ter OF law the city OF Salem, through
It's street commissioner, can demand
and enforce the payment 20 II by each
OF the male citizens who Is an lnhabi.
tant OF the territory of this city. and
who IL sver Fl years and under 90
years, and who would not be exempt
from road duty under the general
laws OF Oregon. Of a road poll tax OF
SO for each Individual who has not
already paid such tax for the year
1908, before such inhabltant can le.
gally vote at the coming election. I
have examined Into said matter, and
state as my legal opinion that the
city Of Salem car not demand or en-.
force the payment Of such tax. II an
inhabitant of such territory being II.
able for such tax to the road district
of which his place OF residence was a
part before having been transferred
by law within the boundaries of the
city OF Salem has paid such tax he
win be entitled 10 vote without paying
any further tax. but II he has not paid
such tax he will not be entitled 10
vote at the city election. but may
qualify himself so as 10 be able 10
vote by paying the said tax to the
road supervisor OF the district to
which he formerly belonged, or he
may voluntarily pay said tax 10 the
city 0f Salon. which may receive II,
but cannot enforce payment
by tho general statutes on Oregon,
said road poll tax Is due and collect.
able at any time betwoan the first day
OF March aud the first day OF Decem,
Der TO the road supervisor. and such
tax was due and collectible from each
inhabitant liable therefor In such ter,
rltory. before IL became a part Of the
city Of Salem, by the charter OF said
city. now In force such tax is levied
by the said council at the same time
other taxes n levied. and said tax
for the present year had been levied
upon and against the Inhabitants OF
the citizens OF Salem prior TO the
first day OF October. 1908. SO that a
person becoming an inhabitant OF the
city after said date, either voluntari-
~ or by force OF statute. would not
be liable 20 the city OF Salem for such
tax, bat before he can legally be en-,
titled TO vote at the coming city cleo,
tion he must have paid 20 the super
Visor Of the road district Of which he
was formerly an lnhabitant. a road
poll tax for 1908.
IAN OF which is respectfully sub.
mitte&. W. T. SLATER"
Opinion Looks Both Ways
Reading Mr. Skaters opinion care.
fully Il Is not clear. While Il says the
city cannot enforce payment al the