The Montgomery advertiser., 1908-04-03

that no poll taxes will be due until next year.
 The opinion of Attorney General Garber in full follows: I.
 April 2, 1908.
 Hon. Harry c. Gunnels, State Super
 intendent of Education, Montgom-
 cry. Alabama.
 Dear Sir--According to informa ton received from your Department, there are about 11.oOO District School Trus- tees in the State of Alabama. I am receiving every day letters from many of these District Trustees from all parts of the State, seeking information on the question of their exemption from the payment of poll tax and their right to vote in the May pri- mary. This situation. which indicates condition of uncertainty in the minds of the people on this subject, has in- duced me to send YOU this official com munication in order that you may send out from your Department the advices contained herein;
 "section s575 of the Civil Code of 1896 Is as follows
 "'Township Trustees are exempt from road duty, jury duty and poll tax, so long IS they shall continue in omce ana perform the duties thereof; and the cer. Education shall be evidence of the fact
 The Constitution of Alabama of 1901, provides that ITO entitle per- son to vote at any election by tho peo- pie. he shall have paid on or pc. preceding the date of the election at which he offers to vote all poll taxes due from him for the year 1901, and fos each subsequent year (Constitution. Section 17s) It further declares that the poll tax mentioned in this artlcle shall be one dollar and fifty cents upon each male inhabitant of the State, over the age of 21 years, and under the az of 45 years, who would not now De eA- empt by law Constitution. Section
 .srhe present Constitution of Ala hama was ratified on November 2s' 1901. On that date, and for many years prior thereto, the statute (Code, sec tion 3575), was in force which exempt ed Township Trustees from the pa, ment of poll tax, subject to the conoi. tions nrescribed in said section or the Code. Township Trustees being mus exempt from the payment or poii tsA at the date of the ratification ot tne onstitution, they were not requireo .o nav tha polI tax in order to qualify as an elector. s...,h.r
 "The redistricting act of septemoer an. 1908. abolished the township ines
 
 township trustees under the proVisions of the then existing law only TOT the purpose of selling and leasing the six. teenth Section school lands. The act also created a local board of three ois- trict trustees for each district to De elected by the qualified electors there of. and defined the duties of such dis- trict trustees, which are practically the same as the duties of the town shin trustees under the old law.
 'on March 13. 1903. my predecessor in office rendered an official opinion to the State Superintendent of Eau cation, in which he held that the dis trict trustees. creaed under the gem eral redistricting act. were exempt from the payment of poll tax. inasmuch as they were exempt under Section s575 of the code, but therein called township trustees, and that the mere change of the name. their duties be- ing but slightly changed, could not operate to defeat the exemption. From the date of the announcement of this opinion--Marcs 13. 1s06--I am informed by you that the Department of Educa- ton. acting under the authority of this opinion, has uniformly advised district trustees over the State that