The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-01
That's What "For Sa-
LOOM Folks are Con-
tending.
ITO DIDN'T PAY TAX
II Election Is Called, it Will be Upon
Petition OF Men Mo Have Dis
franchised Themselves by Not
Paying Poll Tax.

Will an election be called by the
Board of Aldermen tonight?
Here is the situation:
Upon the registration books al
the municipal election in May there
advised the subcommittee of the
Board of Aldermen-(not according
to law as many able lawyers believe)
that it was their duty to purge the
registration books of all persons who
had removed, died, or become other
wise disqualified. At the same time
he advised them that non-payment of
pOll-tax could not be considered by
them. Acting under the advice. of
the city attorney PSI names were taken
from the registration books leaving
on the books 1874. 1t is the opinion
of one of the greatest eX-Supreme
Court Justices in North Carolina that
the board had no right to touch the
registration books and that the city
attorneys advice is incorrect. If that
eminent jurist is right. 1t would re-
quire 500 names on the petition to
order the election. If the city attOr-
ney is right, it takes only 525 names
to orders an election and there are
542 names on the For Saloons" petit
ton, giving them more than are ne
cessary to order the election if a per-
son may be called a voter" who has
not paid his poll-taX and is denied
the right to vote by the Constitution
of North Caolina, and if all the names
thereon are regular and legal. 1t is
sure that there are few names on
the petition that have no right to be
there.
The subcommittee of the board
has given notice that any person who
has a right to do SO may in person add
his name to the petition, and that any
one whose name appears on the Pc
tition i'm person withdraw his name
therefrOm. Nobody can forecast the
probable number who will add to or
take from the petition 1t may af-
feet the number or it may not If, 20
persons shall take their names off and
no new names are added, the cleo.
ton cannot be called even upon the
most favorable. construction of the
law for the For Saloons" forces,
provided no new names are added to
the petition.
The For Saloons" petition con-
tains SAP names of which less than $50
are qualified to vote iIiany election that
may be held prior to next May. This
leaves 10 of the petitioners who have
p not paid their poll tax and have thus
become disqualified to vote in the
election. Under the statute, the city
attorney holds that, though these
men cannot vote in any election, they
can legally petition and their names
be counted to call an election. Other
lawyers, quite as able. hold that under
the somewhat ambiguous statute no
man can be considered voter" reg
iStered or otherwise, who cannot vote
1t is an interesting legal question upon
which lawyers differ. Whatever may
be the legal technicalities and the con-
struction OF the statute by different
lawyers, the commons sense view is
that unless a man is qualified to vote.
or may become qualified before the
election. he has no right to be heard
in any mater that orders an election.
That is the fair deal to all sides and
shuts the door to fraud and to pad
ding registration books. 1t was clearly
the purpose of the act to do one of the
two things:
/. To automatically require a petit
ton to contain One-third of the
names on the registration books. in
which event no name can legally
be take nfrom the books. or
2. To permit only a voter" to pc
tition, in which event no person who
has not paid his poll-tax has right
to be, heard for Me is not a voter"
and cannot possibly be until after
the pending proposition is decided.
These legal teChnicalities complicate
the question and make 1t impoSsi-
BILE to forecast the probable action of
the board tonight.
Don't Forget Tonight
All persons who wish to take their
names off the petition or add their
names thereto must be present In
the mayors office tonight. OF course
most of the signers desire a return OF
saloons. 1t is said that there are
others who signed upon a misrepre-
sentation of the purport of the petit
tion The first class WILL OF course
"stand pat;" the second class should
be present tonight and take their
names off of the petition.
Will 1t Go to The Courts.
1t was freely predicted yesterday
that the mater will betaken to the
courts. The For Saloons folks are
resolved to leave no stone unturned
to permit the men who haven't paid
the poll-tax to order an election The
opponents of saloons seem re-
solved not l. acquiesce in a construc-
ton that gives a man not permitted
by the State Constitution to vote the
power to order an election. Sooner or
later the mooted question must be
settled by the Supreme Court, for no
matter so important should be un-
certain. 1t is to be regretted that the
ambiguity of the act leaves the matter
open to varying interpretations. why
shouldn't both sides agree to leave it
to the courts?" said gentleman last
night.
HE is y ScOundrel''
Mr. NJ J. Jones. who held a position
at the Blind Institution. telephoned
the News and Observer yesterday that
lie had never signed the For Saloons
petition, that 1.-The man who put my
name on the list is a scoundrel and
if can find out who put my name
there he will have me to lick"
And so it goes! The For Saloons"
people started out with saying that
$50 voters in Raleigh had signed a Pc
tition for an election. The Board OF
Aldermen found about 400 of the
names to be folks who had never reg
istered or who did not live in Raleigh
And now of the remaining names it