The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-06-05
pa YMENT OF TAX
NOT PREREQUISITE.

statute Can DC iioul1u aWtliCl III telLlS pIS-
scribes such prerequisite for local option
elections. II this be true and prepay
ment OF poll tax six months In advance
is an essential qualification Of voter.
by what election must II be determined?
Does It mean the preceding November
election or the succeeding one, or does
1t mean the June election? The statute
law gives no answer to these ques-
lions.
a voter who paid his poll tax IN Jan
,,ary 1906. would not be qualified to
vote in June, but would be next Novem-
Der, and the election" used in Section
q OF the Constitution plainly refers to
elections Of officers, hence who can
say which of these elections Is meant In
order to determine the qualification of
the voter who may petition for a local
option election?
The courts can not: and thus usurp
legislative power, because their enact
ments under the name of construction
would he analogous to other statutes.
Tho court must construe this law as
written. and It is plain that by qualified
voter was meant registered voter
This construction Is In accord with the
Constitution. which makes clear dis
tinction between the qualified .otcr. AND
the conditions OF his continued exercise
of that privilege. For after setting forth
the general qualifications of voters in
Section 49, and the providing In sections
10 and % for registration on the per-
nament roll, and subsequent registration
with poll tax prerequisite and educational
qualification, It declares In Section q In
these words who shall be the qualified
voters: ANY person registered under
either OF the last two sections. shall have
the right to vote for members Of the
General Assembly and all officers elective
by the people, subject to the following
conditions. which conditions are pay
n,ent OF poll tax and preparation Of ballot
without assistance If registered after
January /. 1904.
The first part Of that section clearly
seouent condition to his exercise at the
constantly recurring elections of his
privilege. was prescribed to protect the
ballot against the corrupt use Of money.
pay an annual. poll tax disqualified the
voter and subjected him to liability to
be stricken from the regtstra ton hooks
under section Sc Of the Code. If tho
above nositon were not true. It would
occur that at certain reriods Of the year
nv reason of orr method Of COLLECTING
taxes. ther" would be no qualified voters
but soldiers.
Again. section 90, Virginia Constitution.
provides that at o Eys1s person aaaed to
Eligible in law means capable of being
legally chosen and of legally holding
so that If any officer in the State should,
by inadvertence, fail to pay his poll tax
longer hold his office, but by paying up
in time for the next election he would
be eligible again. 1t is not reasonable
that the makers of our organic law In
ton contended for would entail. Hence:
a registered voter is qualified voter
by the Constitution as we'll as the above
statute.
in calling this election, involving as It
does questions Of both law and fact,
was judicial act, and Is not subject to
review by this court as now consti-
Its face, except it contains the reasons
Of the Judge for calling same and his
view Of who are qualified voters, which
VS.. Stuart ETC.; Is Graft, S72
But i IS claimed that section 81, vir-
ginia Code, 1904, prescribes, along with
other qualifications Of the voter who
local option. that he shall pay his state
poll tax. as required BY law" What
are the requirements of law in regard
to poll taxes?
Section % of the Constitution forbids
their collection by l.gal process until the
same have become tliree years past due;
their personal prepayment six months in
advance Is required before the voter can
vote at the general elections for officers,
the times Of which elections being per-
manently fixed by the Constitution. and
no record of the voters who have paid
their poll taxes six months in advance
of the election, which record is con-
elusive evidence of the fact is required
except for the constitutional elections.
It Is the duty of every citizen TO pay
his poll tax when due and payable. but
there are no penalties attached to his
failure. nor is he required to pay them
personally except as above mentioned.
II would, therefore be improper for the
courts to engraft such penalty or con-
dtions upon the statute law, even
though it is plain omission. There
FORE their payment :: any time during
the year complies with the requirements
of law except as n condition to voting
for elective officers.
1t is also alleged that the registrars I'M
properly registered certain voters. Where
q voter Is rejected by the registrar, he
has a right given him by law to appeal 20
the courts for review of the registrar
decision. bu, no review of the decision
of the registrar In case where he reg
listers the voter has been conferred IN
terms ,lpon the courts. Hence under the
familiar principle Of the expression OF one
is the exclusion Of the other, this court
could not assume to review their actoN
except possibly where fraud was clearly
alleged and proven. The debates IN the