Bisbee daily review., 1906-06-01
WOMEN MAY VOTE District Attorney Says Women Can Vote if Taxpayers
 On June 4.
POLL TAX RECEIPT
 IS NOT SUFFICIENT.
Thirty Days Residence in Dis tfict is Required of Those Who Vote on Bond Issue, Parents Must Pay Taxes.

There has been some doubt ex- pressed among those who thought themselves entitled to vote at the coming school election as to what, under the law, constitutes a qualified voter at school elections.
 School Superintendent Philbrook has taken up the matter with the dis trict attorneys office and the Review herewith prints the opinion of Assist ant District Attorney Ed Flanigan in a letter received yesterday by MT. Philbrook. It goes into the matter thoroughly and exhaustiyely, making it clear just whom is entitled to vote on the question as to whether bonds shall be issued to provide for the additions to Lowell. South Bisbee and Don Luis school buildings, asked fer in the pc fition of coo taxpayers of this. dis trict. The election is to be held on Monday next. June i.
 Flanigan's letter to Philbrook is as follows:
 BISBEE, Ariz,. Mag 24, 1906. J. c. Philbrook, Eso., city.
 Dear sir: You have submitted the office of the district attorney for opinion the following questions:
 1. What persons are entitled to vote at an election called by the board of school trustees of this district by yirtue of the discretionary powers &oGged in said board by the provisions Af paragraph 2256 of the Revised Stat - es of Arizona, 1901, the purpose of Mid election being to determine frhether a special school district tax mlall be levied upon the taxable prop rety in the district.
 tr 2 Whether those who have simply drlid the school tax provided for by "a ragraph 3950 ct seq. of the Revised
 rutes, and who possess all other
 'fcations of voter at such elec-
 except that they are not other wise taxpayers, are entitled to vote at such election.
 From said paragraph 2256 quote portions bearing, upon the detrmina- ton of. these questions: =. and the board of trustees of any school district, when in their judgment 1t IS advisable, may call an election and submit to the qualified voters of the district the question whether a tax shall he levied" etc. Pro yided, that DO registration shall be nee. essary to entitle person to vote at such election, and no person shall Dc entitled 10 vote thereat who is not a taxpayer in the district"
 Who is a qualified voter" within the meaning of these provisions? Paragraph 2176 defines the term, and I quote therefrom, as follows:
 Every person, male or female, of the age of 21 years or over, who is a citizen of the United States, and who has been resident of the district for thirty days immediately preced- ing the day of election, and who is the parent or guardian of a child of school age residing in the district. or who has paid a Territorial or county school tax, exclusive of poll tax, during the preceding year, is eligible to the ofhce of trustee, and shall be entitled to vote at any school district election, pro vided that every woman offering to vote at such election (who Is other wise qualified under this section,) and whose husband or father is or was citizen of the United States, shall be treated and considered as a citizen ol the United States for the purpose ol voting at such election"
 The voter at this election must pos sess not only these qualifications, bu' the additional one of being tax payer, his or her name appearing on the last assessment roll of the county
 In this connection I call your at tention to what may perhaps present verbal difficulty of interpretation in the paragraph quoted
 The clauses "and who is the parent or guardian of child of school age residing in the district, or who has paid Territorial or county school tax. exclusive of poll tax, during the preceding year" are in the alternative this being apparent from the wording and more especially from the form and punctuation of the oath pre- scribed, set out at length later on in the paragraph therefore, the posses sion of either one of these qualifica tions. with all the others specified entitle one to vote at an ordinary school election;. fnasmuch, however as the one offering to vote at this cleo ton must. in any event, be taxpayer the first clause Is not operative, be cause the fact that one is parent ol guardian of child of school age will not, unless the party be taxpayer entitle him or her to vote: where as if possessing the latter qualified ton, the presence or absehce of the former makes DO difference. as the party will in that event be qualified voter according to the definition con tsined in this paragraph. and necessa rilv. therefore, a taxpayer.
 The school tax of s2.50 provided for by Par. 3950 ct esq.,, of the Revised Statutes does not constitute one a taxpayer within the meaning of the Act.
 This Is simply poll or per capita tax. although not so called since the amendment to the act in reference to Poll Tax" which amendment is found on page 5 of the Amendments of 1903, Act No. 5, Session Laws of Arizona
 Par. 2256 provides that the tax to be voted at this election must be col, lected from the owners of taxable property in the district. It Is there