The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-07-24
MUS'1'G0IN'PERS0N
TO PAY POLL { |. TAXES /
Judge Martin Renders Decision
Which, II Sustained, Will Large
~ Reduce Vote in State.

Which, # Sustained, Will Large
~ Reduce Vote in State.
Especial to Tho Times !spatch.l
NORFOLK, July 23.--rn the Law and
chancery Court to-day Judge w. M,
Martin handed down Ills decision in
the poll tax mandan,us case, ruling
that the word personally" In the Con-,
stitution OF Virginia means the bodily
presence OF voter IN the payment of
poll taxes, and directed that lie treas
urer Of the city OF Norfolk file q re-
vised list, certifying only to those who
have paid their taxes six months prior
to the next election In bodily presence.
Following notice OF appeal Judge Mar
tin suspended Judgment pending ans
other hearing by the state Court OF!
Appeals. "a
Have Sweeping Effect.
The decision Is sweeping In It's ma
.ture, sustaining every contention Of
L. w. Tazewell ard others, and, It Is
said, Will cut down the registration
lists OF Norfolk 1900 votes, IL sus-!
tained by the upper court. 1t Is de-
clared that the decision will, II sus-t
tanned, make q sweeping reduction OF
the vote throughout the State.
1t Is also known that the decision,
carried into effect, Will disfranchisc
hundreds of the best citizens OF the.
State. In fact, 1t is known that Judge
Martin himself, James ". Trehy, G. w.
Grandy, N. T. Green, c. H. Bull, and
scores OF others, leaders in the two
by sending in personal checks, will be
tits a custom or many
to pay all taxes, Including the
poll taxes. through agents represents
ing them, handling their real estate,
other property, or conducting their
business.
Tic Decision.
The decision Of the court as handed
down Is as follows:
Section 1853 OF the Constitution of
Virginia provides that the General
Assembly shall levy State capl-
tation tax OF $1.5O oil evcy. male
resident of the State not less titan
twenty-one years OF age, except
those pensioned by the State for
military service. ana this state
poll tax is required to be paid to
the treasurer of the city or county
In which the citizen resides,
Under this law persons so as-
sessed with poll tax may pay it
elther IN person. by going himself
20 the treasurer and handing him
sl.So, or he may send the amount
70 me treasurer by an agent, and
The payment to the treasurer by
the agent Is a payment by the
principal know OF no other
way in which a payment Of the poll
tax can be made by the person as
sessed, and such person may adopt
either mode of payment. Upon the
receipt OF the tax by the treasurer
4 n hnvs nj ! l. .
ways the tax is paid.
Section 81 of the Constitution OF
virginia only allows those persons
to vote, who, among other condi-
tions therein mentioned. have per
sonally' paid all State poll taxes
assessed or assessable against them
within the time mentioned in said
section Nlnless exemplifled in sec
ton 22), and section 3s of the Con-
stitution as recently construed by
the Court Of Appeals In the case OF
TazeWeu VS.. Herman. requires the
treasurer to return to the clerk Of
the court q list Of those who have
personally" paid their State poll
taxes. within the specified time.
Underthis requirementoft the Com
stitution am of the opinion that
the list to be returned should only
embrace such persons as have paid
to the treasurer sin person. said
poll taxes. and that he should nat
embrace in the list the names OF
those persons whose poll taxes have
been paid to him by messenger
or agent OF the party assessed, for
there being but two ways for the
party to pay this taxi. c., in per-
& son or by agent, and the law re-
curing the return of list OF
those only who have paid 'per-
sonally"-lt seems to me that It
excludes from that list those who
have paid by agent.
The reasoning OF the Court OF
Appeals in Tazewell vs.. Herman
sustains think. this view of the
meaning of the word personally"
as used in section 81 Of the Consti-
tuition. In that case the court says:
Where a person is authorized to
make a payment and there Is noth-
ing requiring that the toayment
shall be made personality he can
make it either in person or
through some friend or agent, COM
pensated or uncompensated. upon
the familiar principle. that acts
done by one in behalf Of another
are valid II ratified either express
sly or by Implication and the court
then goes on to decide that In order
to ontitle a person to vote his
poll tax must be personally paid,
and states that the evil sought to
be remedied was the payment Of
the poll tax Of voters by other per-