Highland recorder. (Monterey, Highland County, Va.) 1877-1972, 1908-07-31
TROUBLE ABOUT POLL TAXES

OhtltltthlO ttiN WV
in the State have been much stirred
ND over decision renderd last
week by Judge Martin, OF Norfolk,
and, if the decision is upheld by.
the Supreme Court, fully one-halt
of the voters will be disqualified.
The decision, in brief, is that
every voter must personally pay
his poll tax; there must be a man
ual delivery to the treasurcr--a de-
cision which the judges, as well as
many others, seem to think a strict
construction of the wording OF the
constitution justifes.
The following opinion is clear as
to the intent of the wording of the
Constitution, and we publish it be-
cause the question is one in
which everybody will feel an inter
est-in fact, it is a PERSONAL mat
ter as shown by the decision and
the discussion:
II am of the opinion that the
words in the Constitution, per
sonally pay means that the voter
must be the source of payment as
contradistinguished from a substl-
tute or volunteer, and that they
have no reference to the means or
vehicle by which this payment is
conveyed to the Treasurer, and
that manual delivery of the money
by the voter to the Treasurer is not
absolutely necessary to meet the
constit ltional requirement. The
voter, however, must not only be
the source of payment, but II ne
desires his name to appear on the
Treasurer's list, the manner OF pay
ment must be such thatit is at least
prima facie that he was the source
of payment, because, if such were
not the case, the Treasurer would
not know that the voter himself
was the source of payment.
We must keep carefully in view
the distinction between the source
of payment and sufficient evidence
of that source to enable the Treas
urer to place his name on the list,
Failure to make this distinction re-
suits in confusion. Manual delivery
to the Treasurer, certainly in alb
sence of any evidence to the con-
trary, is sufficient where the voter
sends his personal check, or a check
Endorsed by him, through the mails,
with request to apply same to his
taxes. These being the usual and
ordinary business methods OF this
country, by which personal obEga-
tions are paid, it is prima facie evil
dence that the voter is the source
of payment, and is entitled to be
placed on the treasurer llst ceru-
fed to the clerk
In discussing the subject editori-
ally the Times-Dispatch, of Rich
mond, says:
"What does personal payment
mean? Does it mean a payment
from personal estate, or does 1T
mean payment in physical per-
son? So far as the question affects
the poll tax, Judge Martin has de-
cided that personal payment means
the latter. His decision, if the SUI
preme Court of Appeals sustain it,
will disqualify many thousands OF
voters in the State of Virginia.
"Thereis'apparently good ground
for believing that the Supreme
Court will sustain it. A recent de-
cision handed down by that body
includes this sentence: Where a
person is authorized to make pay
ment and there is nothing requlr-
ing that the payment shall be made
personally he can make it either
in person or through some friend or
agent" The implication is that
where there is something 'requir-
ing that the payment shall be made
personally he cannot make it
through some friend or agent.
Moreover, the further language OF
the court strongly indicates a liter
al construction of the word per
sonal.'
1.-THE decision of the Chancery
Court is binding upon the litigants
only. The decision of the Supreme
Court will be authoritative through
out the State. The Supreme Court
will meet in September and might
possibly hand down a decision be-
fore the first Tuesday after the
first Monday in November. Its in
depreciation of the single word un-
der discussion may cut in two Vir-
ginia's presidential vote of 1854
in 1904. 1t is hardly conceivable,
however, that it can have any bear
ing on her electoral vote.
1.-THE absolute disinterestedness
of the trial Judge is disclosed by
the report that his decision, if up
held, will cost him his vote. With
him will go down thousands OF the
States best citizen. The intent