Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1907-08-03
NO EXEMPTIONS
ARE REQUIRED

According to the following ruling
from the office of the attorney general
of the state Palestine is not in tie
10000 class when it comes to cleo
tons, and the laws that regulate them.
At previous elections exemption GER
ttficates have been demanded by the
election judges. Under the law Pal
estine voters over the poll tax age do
not need them, so says Assistant At
tOrney General Claude Pollard:
Austin, Texas. Aug LIST, 1907
Mr. Y. A. McReynolds,
Palestine, Texas.
Dear Sir:-I herewith send you q
copy of attorney generals opinion,
which covers the question raised By
you. 1t is as follows:
Austin, Texas, April goth, 1907
Judge w. r. Butler,
Bolton, Texas.
Dear Strive are in receipt of
yours of the 18th, in which you state
that the city of Temple, according to
the United States census of 1900, had
a population of 1867, but that in 100
a census was taken in the office Or
the city secretary, and shows THAI
Temple is city of more than 1000.
inhabitants. You desire to know II.
under these facts. Temple is a city of
10000 inhabitants under the terms OF
the Terrell Election Law
You are advised that it is not. Sec.
ton 10 of the Terrell Election Law
provides that every person who is e1
empted by law from the payment OF
poll tax and resides in a city of TO-
900 inhabitants shall secure from LLs
tax collector a certificate of exemp-
ton. There are several sections of
the Terrell Election Law which are
affected by the population of cities.
and which provide no method of deter
mining the population.
Section 1O3, however, in prescribing
who may vote in primary elections,
provides that no one shall vote unless
he has paid his poll tax or obtained a
certificate of exemption The section
contains the following provision:
And provided, further. that the re-
quirements as to presentation of the
poll tax receipt, certificate of exemp-
ton or affidavit shall apply only to
cities of 10000 population or over. as
shown by the last United States Gen.
sus."
1t would not be proper construction
of the several provisions of the Terrell
Y
the population of cities to hold that
the population in one event should be
determined in one way. and in an
other event in another way. and Sec
ton 100 being the only section of the
law which prescribes any method for
determining the population of cities,
it so as to harmonic it
with the other sections which are af-
fected by the population of cities, we
believe it must be held that certifi-
cate of exemption is not required ex-
cept in those cities containing popu-
lation of 10000, as shown by the last
United States census. Furthermore,
there is no law which authorizes the
civ. council of city to have o oancf-
AIKEN, artnougn ms IS frequently
irOne. Neither do we know of any
statute which recognizes as official a
census taken under authority of a city
council The population of a city,
when referred to in the Terrell Elec-
ton Law, must mean an enumeration
Of inhabitants as the law provides
snail be made and the population must
be determined in some manner provid-
I'd by law. lin reassessment for con-
struction of sewer, % Att, SID.
You are therefore respectfully adj
vised that as the city of Temple is
not shown by the United States census
Of 1900 to be a city of 10000 inhabi-
ANTS, residents of that city are not
required to secure a certificate of eX-
smptiOn in order to be entitled to
7Ote. Yours truly,
CLAUDE POLLARD.
Office Assistant Attorney General
Yours very truly,
(Signed): j. w. STEPHENS,