Daily press. [volume] (Newport News, Va.) 1896-current, 1909-03-30
RESULT 1t POLLS IS SET ASIDE
Action Amazes the DRY" Element
Throughout country-saloons Would
Have Closed Today But for Sour's
Aetior--PoH Tax Question One OF
Determining Factors.

Waller Il. Staples in IN" Corpofa'"''
f,ou,. NJ Roanoke today set aside Tn"
local ontion election held here Decem-
her 20 last In which the saloon was
voted out by majority OF So votes.
The saloons would have closed To-
morrow night had the election been
declared valid. -,
The contest has been going on IN
the Corporation Court for two mon'hs'
Roanoke has tifty.twO saloons
large brewery and several distilleries
and distributing depois.
Election Null and Void.
The election is declared null ana
void on the ground that the tax list
rs furnished by City Treasurer Law
renee s. Davis was illegal.
The burden of the costs in the con-
test was placed upon the "wcts.
The Object OF the contestants was
TO show that taxes had been paid for
the year 1895 in lump sans amfho"h.-
ing to several hundred dollars, by
Others than the parties whom they
were assessed.
II WAS stated that Francis Kelley.
chairman of the Democratic executive
committee. had paid at one time be-
tween SITS and $3.50 in poll taxes
and that w. F. Bryant. eX-commis
sioner of the revenue. had paid as
much as $40 at one time.
"Drys" Are Amazed.
"Drys" throughout the country had
confidently anticipated a decision Ia
yorable to their cause. and they are
amazed at the courts conclusions j.
d. Johnson. president OF the local
branch of the AntiSaloon League. de.
clares that the league forces are we'll
organized. that they will see that the
will of the people as expressed al
the polls on December 80 is ultimately
carried out, and that Roanoke with
full vote of It's population Is "drys
is being held here today with view
to ascertaining whether or not to ap'
peal the case. Judge Staples opinion
covers many typewriter pages. ana
It took him twenty-seven minutes TO
real it.
REEVES Personal Payment.
His principal reason for setting
aside the election is based on the
requirement Of q, personal payment OF
poll taxes. and he holds that the con
stikution has in effect said that no
citizen shall vote unless 1t shalt APP
pear from the treasurers list that
he has paid said taxes. How then
can the judges of elections permit him
to vote unless they have such list
by which to measure his right to vote?
The registration in Virginia Is a
double record of which the treasurer
list is one
The judge adds:
when a strict compliance with the
terms of the registry law is not es-
sential to preserve the purity OF the
election. the election will not be az
fected by Irregularities. unless they
are such as to affect the result. But
where their regularities are in matters
of substance. the vote of the precinct
must be rejected. or the whole election
rendered vo d. And what can be more
OF substance than the means Of as
pertaining who constitute the duly
qualified electorate
1t Is the plain and unvarnished
duty of the treasurer, before he puts
q mans name upon said list. TO as
certain to his satisfaction that the
taxes have been personally pad and
with such certainty that he can verify
that statement upon oath. II he fails
TO ascertain the facts as to the men
then this mans name is wrongfully
put there. and II he fails to ascertain
II as to all whose name appear on
the list. then all the names are there
wroDgfuliy. and there is no list al
all The records of this election show
ed that at least three hundred and
seventy-fve persons were authorized
by said list 10 vote when in fact il
is seen that one hundred and seventy
of these were not clearly entitled e
vote and that the right Of the re
naming two hundred had never ieer
ascertained from the records OF Tho
proceedings.
No Legal Aseertainnnent.
II cannot seq that there has heer