The Montgomery advertiser., 1909-11-27
VOTERS OF SELMA ARE
 AROUSED AT OPINION
Five Prominent Attorneys Give
 Views at Length.
axessr.- sstteraeis, McLesa. Jenries, Lane ana Pswen, shew That sAe ststutes of 1888
 are stiu ia
 Fsrce.

Selma, Nov. 2e.--(Special.)--J. R Eatterneld. Archibald L. Mcleod and Louis B. Jeffries, who are recognized as three of the most able attorneys in the State, today gave out . statement in which they refute the opinion rem dered Thursday by Attorney-Gen Qarber that members of the several volunteer flre departments are unable to vote in the election Monday.
 These lawyers claim that under certain special acts such members of volunteer fire departments have the right to vote in the cofning election and they back up their claim by citing the law.
 The statement Is addressed to the voters of Selma and is of interest throughout the State wherever there Is volunteer ire department. It is as follows:
 .selma. Ala. Nov. 2s. 1909. "To the Voters of Alabama:
 We have been asked for an opinion as to whether the members of the fire companies in Selma are disfrancaised by reason of their failure to pay poll tax.
 Under Section ITS of the Constitu- tion. one of the necessary qualifications of a voter Is that he shall have paid on or before the first day of February, next preceding the date of the election at which he offers to vote, all the poll taxes due from him for tine year 1901. and for each subsequent year The poll tax referred to Is defined in Sec- ton 1s4 of the Constitution as follows: The poll tax mentioned in this article shall be s1.5o upon each male inhabi- tant of the State, over the age of 21 years. and under the age of 45 years. who would not now be exempt by law.
 ''The main question is whether the members of these companies were ex- empt by law from the payment of poll tax in 1901. when the Consultation was adopted. t4
 .ion Feb. 1T. 1885. the Governor ap- proved the following act, to be found on Page 6z4 of the Acts of 1Ss4-s. to wit: Section 1. Be 1t enacted by the General Assembly of Alabama. that the members of volunteer ire and hook and ladder companies in active service fin Barbour County. Troy, Union Springs, Selma, Birmingham, 0pelika. Gadsden, Huntsville, Greenville. Oxford Anniston. Jacksonville. Broken Arrow, and Demopoiis. shall be exempt from the payment of poll tax, and shall not be required against their will to dc jury servsce.
 ''rhis Act has never been repealed unless it has been repealed by impiica- fiOn, and 1t ia an elementary principle of law that affirmative statutes of q general nature do not repeal by impli- cation special acts.
 ABut to put the matter beyond all uuesion, the Codes of 1886. 1886 and 1907, in Section 10 of each. provide that local. private or special statutes are not repealed by these Codes.s Then the members of these companies. in &C., tive service. were exempt by law from the payment of poll tax at the time the consultation was adopted. and are exempt now.
 ''Tiie only other question that can arise Is whether the members of these companies are in active service at this time. It is evident that the word active in the statute. was used to dis tinguish the members who were te have the benefit of the law from re- tired members of such companies.
 "When the paid fire department wal installed in Selma the city authori- ties. by and through the Mayor ant Council. passed the following ordi. nance:
 "fvhereas, 1t is the express desire and wish of both your committee and this Council that said volunteer fire department continue its valuable ser. vice, and to hold Intact its member. ship.
 ''Now, therefore, be it ordained by the Mayor and Council of Selma: 1 That the unanimous thanks of thii Council be, and they are hereby given the volunteer fire department of Selma as well as also. this public acknowl edgement of their valued and esteemed