The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-28
JUDGE JUSTICE
GRANTS THE WRIT
Petition for Liquor EIec-
ton Declared Legal.
CITY TAKES APPEAL
Able Argument Yesterday On AppIica
ton for Mandamus to Compel AL
dermen to Order Election for
Saloons. Case Goes Up Sim
pIy On PoIl-Tax Phase.

In chambers yesterday Judge Jus
tice. after full argument by counsel,
granted the writ of mandamus prayed
by the petitioners for an election for
saloons directing the Board of Alder
men of the city of Raleigh to call an
election in pursuance with the proVl-
sions of the Watts law governing the
right of petition.
The only question argued was
whether the, requirement imposed by
the Board that petitioners should
have qualified by paying poll tax prior
TO the first of May last was viclative
of the provisions of the statute that
elections should be called upon petit
ton of one-third of the registered
voters registered at the last preceding
municipal election.
he petitioners cOntended that the
qualifications for registration were not
the same as those prescribed for the
casting of a vote: the city that the
test word of the statute was voter
and that qualified voter and register
ed voter were synonymous terms.
The petitioners were represented by
Messrs. T. Nj. Argo and w. b. Jones;
the city by the City Attorney, who
made no argument, and by r. H Bat
sistance to the application for the
writ
The city gave notice of appeal. II
was agreed between counsel that's the
statement of case on appeal should
show that the only point at contro-
versy was the poll tax requirement of
petitioners.
Contrary to general expectation. the
further question CT the right of the
Aldermen to purge the books OF
''deads" and removes" in ascertain
ing the basis of the onc-third voters
required to call an election, was not
brought out in the hearing, and will
not go in the case on appeal.
The judgment had not been pre-
pared last night, and will doubtless
be signed today. The case will no
doubt reach the Supreme Court in
time to be argued there with other APP
pcals from this district.
The Hearing i'm Detail.
At the beginning OF the hearing it
was stated by counsel that both par
ties agreed down to the question of
whether the payment of a poll-tax
was a necessary prerequisite to petit
ton.
At this point City Attorney Snow
arose and stated that he thought it
proper to say that under the circum-
stances Mr.. r. H. Battle would in this
case represent the city of Raleigh and
the Board of Aldermen, and that he
appeared at his request.
At this point Colonel Argo broke in
TO gay: Il am going to make Mr..
Shows speech largely
MI. W. b. Jones, of counsel for the
petitioners, then began the argument,
speaking at short length
Mr.. w b. Jones' for Petitioners.
The one question involved in the
case. said he, was whether the statute
in prescribing that an election should
be called upon the petition OF one
third of the registered voters regis
tered at the last preceding election
disclosed the intention that by regis
tered voters shorId be meant qualified
registered voters. Prior to the cleo
ton law of 1901 there had been no dis
tinction. since the same rules governed
the right to register as applied to the
right to vote.
Now. under the statute and the
Constitution there are certain qualifi-
cations specifically designated upon
the showing of which it is the duty
of the registrar to prescribe the oath.
If man has fulfilled these re-
quirements so that he is entitled to
register, then he is a registered voter
After a man had constituted himself
a registered voter then the law said
that before he should be qualified
voter he must have paid his poll-tax
for the previous year prior to the
first of May next preceding the cleo
ton in which he presented himself
to cast his ballot.
The distinction thus created by the
law between registered and qualified
voter within the meaning of the Con-
stitution was emphasized by the fact
that in the rules governing the hold