The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-07-25
a PREVIOUS PoLL-rAx DECISION
Handed Down by Judge Henson, Taking
= OppOslte Ground from judge Martin,


Handed Down " Judge he ION, IA NV
opposite Ground from Judge Martin.
I, An optnion rendered by Hon. w. j.
bland county. in vacation, ON on the e que $.
lion Ok the personal payment OF capt.
tatlon tax in Virginia as q prerequisite
ton to tile e ri Right to vote Irwin Atwell,
urer Bland County, defendant. On ap-
/ pllcations to correct Treasurer.slist GER
Tiled to clerk. SO as to include plain
it nns ma hTame na;n2 the years 1905 and
year 1907 lie mailed j. ii. areever,
rs SUI Of Bland !. county. check
ceived the check and receiptcd tho
tax ticket and mailed the tax ticket to
plairttff. The check was not the In
| dlvidual check OF plaintiff. but was the
for wages due him), and indorsed to
|plainttff. = -
lnent OF the eo7 poli-tax was not a f per-
s9nal payment, and declined to place
plaintiffs name on tho list required by
ssecs,oS sSS Of Poilard's Code. and this
t t. f pdss Causing
pnl,aintift's name. TO be included therein
The only question involved is, was the
bgt ber the yer 1927 paid
stitution requires that the voter shall
personally pay his poll-tax; section %,
A \ -, construed l q. BY the Supreme Court Of
appeals IN tho recent case OF Tazewcll
and ais: VS.. Hartman, Treasurer. re-
CURES the Treasurer to include In his
list only such persons as have per-
sonally paid this tax. Does the word
personally per pay as used In the consti-
money by the voter to the Treasurer
OF 40 they refer to the source of the
One OF the definitions to the word
source, as given in the STANDARD Die
ttiionary." Is, "a person or thing that Is
the primary agency In producing any
course e.. rs. Of action or result and 1t IS
by the Court OF Appeals in the Taze-
well case, THAT, it is manifest that
one one OF the reasons for requiring that
me me t voter should personally pay his
which has prevailed at one time I'M.
der the Constitution OF 1860; that evil
Was that political and other organiza-.
s nada candidates for office and others
PAID pa !, or !. caused TO be paid, the poll
.aX o. the voters In order to improp-
cry influence and control the votes OF
m E, persons s9ya whose poll-tax they had
mat mat 1t was intended to guard against.
Where 1t. fully appears that the voter
was w the source Of payment, paid the
-
his own funds. no matter what vehicle
Is chosen to convey the money TO tho
Treasurer. s'o
rn rhs svil suggested /, is as enec.ually
m g,aa, delivery to the Treasurer
such case furnishes no ground for
r Improper s, Influence or control The
far STANDS hnina or the same footing. so
concerned. as il there had been %
manual delivery. While We cannot
override any plain constitutional or
drawn from Inconvenience, still sucl:
an sl argument Is of great weight when
Ine construction OF such a provision Is
a as,u Q and susceptible Of more than
requiring manual delivery would be In
convenient indeed
am OF the opinion that the words
u, u, the cotn,sStitution PERSONALLY pay"
o. o. payment as contradistinguislled
from a substitute or volunteer, and
that they have no reference to the
ment is conveyed to the Treasurer. and
tina manual delivery OF the money Ihv
the voter6to the Trcasurer3is not abso-i
,lu,tely necessary to meet the, constitu-
ever, must not only be the source OF
payment, but II he desires his name
to appear. on the Treasurer's list, the
manner n ' OF payment must be such7thatl
the source OF payment. because, il
such We're not the case. the treasurer
would not know that the voter himself
Was the. source of payment.
We must keep carefully in view the
between tho source OF pay
ment and sufficient evidence of that
n So re |, : to enable the Treasurer TO
make this distinction results in con-
fusion. Manual delivery to the Treas
9ser, certainly in absence of any evi-
dence to the contrary. lis suflicfent|
where the voter sends his ipersonnlI
check, or. a check Endorsed by him,
through the mails. with request to ap-
the usual and ordinary business METH
obs OF this county, by which personalE
obligations arc paid, 1t is prir1a facIAt
OF payment. and Is entitled if5ito be 4
paced on the Treasurer's list certiHedI
to the clerk.-Report by the SOUTH
west Virginia Enterprise. 3 Z
a - .