The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-11-27
SAY CARRIER Is
WRONG In OPINION
GREENVILLE LAWYERS SAY IN
VALUATION OF VOTES OF
VOLUNTEER FIREMEN WILL NOT
STAND TO REASON.

Greenville. November 26.-(Speciai. At
torneys L. NJ. Lane and D. M. Powell
have issued the following statement, TAX
Ing exceptions with Attorney General A.
NJ. CARRIER regarding his opinion relative
to the invalidation of the votes of volun-
teer fremen throughout the state:
I'VE have carefully examined the opin-
ion of the attorney general, published
in today's Advertiser, In which he holds
that the act of the legislature of 1885,
which exempts volunteer nremen in Bar
bour county. Troy, Union Springs, Selma
Birmingham. Opelika, Talladega, Gads-
den, Huntsville, Oxford, Admission, Jack
sonville. Brokenarrow. Demopolis and
Greenville from payment of poll tax. was
rendered null and void by sections 17S
and 1874 OF the constitution of 1901.
While we have great respect for the
legal ability of the attorney general we
respectfully insist that this opinion can
not be sustained by sound, reasoning or
legal precedent. 1t is true that under
section 17S of the constitution of 1901 no
person is entitled to vote unless he shalr
have paid on or before the first day of
February next preceding the date of the
election, at which he offers to vote all
poll taxes due from him for the year 1901
and for each subsequent year, This
section, however, must be construed with
section 1874 of the constitution, in which
1t Is stated that the poll taxes mentioned
shall be upon each male inhabitant Of
the state over the age of q and under
the age of 40 years who would not at the
time of the adoption of the constitution
be exempted by law.
"It will thus be seen that those per-
sons who were exempt by law from the
payment of poll taxes at the time of the
adoption OF the constitution were not re-
CURED to pay the same In order to be
entitled to vote. Clearly If at the time
of the adoption of the constitution there
was a law In force relieving the fire.
mef in the cities and places above named
from the payment of poll taxes, they
would be exempt just as much SO as
township trustees. members of the Ala
bama National Guard and persons who
were permanently disabled.
No inference can be drawn from any
language of the constitution that tbs
trainers intended to say that members of
the National Guard, township trustees and
persons who were permanently disabled
should be allowed to vote without tho
payment of poll taxes and that volunteer
firemen in the places above named should
be required TO pay such taxes before they
were entitled to vote. How then, can
1t be said that the provisions OF the
constitution, as set forth In sections 17s
and 1874, keep in force the general laws
exempting the member of the National
Guard, township trustees and persons who
were permanently disabled from the paw
ment of poll taxes and repealed the act
exempting volunteer flremen in the places
above named from the payment of such
taxes. The only ground upon which such
a contention can be based is that the act
exempting volunteer firmen was repealed
by implication by the above sections of
the constitution as showing that this could
not be the intention of the trainers of
the constitution.
I'VE beg to call attention to the sched-
ule at the end of the constitution of
1901 in which Is the following provision:
That all laws In force at the ratihca-
ton of this constitution and not incon-
sistent Herewith shall remain in full
force until altered or repealed by the
legislature.
1T is also provided in the schedule
that all rights OF individuals not neon
sistent with the constitution should con-
tinue to be valid as IL the constitution
had not been ratified.
"But the act above referred to was not
repealed by implication. 1t is a we'll