Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1907-08-15
PAID THE COUNTY IN POLL TAX
CASES COUNTY COMMITS
SIoNERs ASKED TO RE-
TURN THE MONEY.
Higher Court Decision
Is Made the Basis Of the Proceedings.
Attorneys Have Been Retained
BY Harris ct Al to Recover
in the case-Petition
Is Fully Given.
Is Fully Given.

An important proceeding was start
ed in the courts yesterday, wherein
| Geo. Harris ct al undertake to recover
the money paid the county in the poll
tax cases, still familiar to all people
OF the county. The proceeding is
based on a decision recently delivered
| by Judge Davidson of the court OF
criminal appeals of Texas. wherein
he held unconstitutional the part OF
the poll tax law under which these
fines we're collected by Anderson
county.
Attorneys A. G. Greenwood and
Campbell, Sewell and Strickland have
been retained by the defendants. Har.
ris ct al, and on yesterday the follow
ing petition was filed with the COM
missioners' court by the defendants
through their attorneys:
The State of Texas,
County of Anderson.
In the Commissioners Court. to Aug.
Term, A. ID. 1907.
To the Hon. r. z. Erwin. County
Judge, and the Honorable County
Commissioners Of Anderson Coun-
ty:
The petition Of Geo. W. Harris.
complaining OF Anderson county, Tex
as. would respectfully show to the
court.
That he was illegally arrested in
causes Nos. $3.50, 5551, $3.50, 1858.
1854, 5555. $3.50. 1857, 555S, $3.50,
5576. 5577. 557S. 5579, $3.50. 1851. $3.50,
$3.50, 1854. 55S5 and 55SS. twenty
cases in all. filed in the county court,
wherein he was charged with violat-
ing the Terrell Election Law. to-wit:
That he did then and there unlawfully
and knowingly give, loan and advance
to various persons different sums OF
money to be used by them for paying
their poll taxes. said petitioner then
and there knowing that said money
was to be so used by said persons fur I
nished said money as aforesaid to in
duce them to pay their poll tax: that /
void judgments were rendered in all I
Of said cases on February 9th. 1907. |
decreeing that the petitioner should I
pay to the State of Texas the sum of 1
$4,000 in each of sixteen of said .
cases. and that in the event OF default .
10 pay said 100000. petitioner should I
be remanded to jail until said fine in
zach case, together with all costs in
cured therein should be paid: that l
he defendant plead mot guilty" in all 4
Of said cases: that his arrest i'm all of N
aid cases was without lawful author
ty, and that while under Constraint
md threatened danger Of being con-
ined in jail. as well as through fear
# being put 10 work upon the public
Dads Of the county petitioner paid
,ver to the sheriff of Anderson county
he sum Of 100000. less 20 per cent
4 same, which is now Illegally held
~ the sheriff OF Anderson county,
he county clerk and the county attor-
ey. leaving a balance Of 81. $4,000.
Which paid into the county treasry Of
anderson county; that his said arrest.
etention under bond. and threatened
was an without lawful
uthority, and the court so ordering
anne was without authority to enter
nch a decree. wherefore all of said
pigments in said sixteen cases as
fOresaid we're nullitv and absolute
: void; that said law under which de-