The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1912-11-12
Supreme Court Decides This,
and Wake Forest School
Tax Election Stands
BUT COURT SPLITS, 3 TO 2
Chief Justice Clark DisSents to
Opinion Of Justice Walker,
and Brown Concurs
QUESTION OF SUFFRAGE


The Supreme court yesterday held
valid the special school tax election in
Wake Forest, hating any movement
looking to the overthrow Of the sys-
tenn in North Carolina.
h court did not agree entirely
with itself. Justice Plat D. Walker
wrote the opinion, Justices Hoke and
Allen concurring. Chief Justice Clark
dissents with the concurrence Of JUS
tice Brown. The opinion, therefore,
that women are not freeholders in
the contemplation Of a special cleo
ton, is held by majority, not mani
mOuSly.
This case grew out of an election
in June Of the present year, the ad-
VOcates Of the special tax carrying the
precinct Of Wake Forest by a reason
able majority. When the county COM
missioners prepared to levy the tax,
they were stopped by an injunction
and the matter taken before Judge
G.. s. Ferguson.
Messrs. Winston and Biggs. and
Jones and Bailey, representing the
Wake Forest school tax advocates,
tool the ground that the election vas
valid and that the law requiring the
signatures Of ~one-fOurth of the free
holders meant simply the resident
men voters. The opposition, led by
Armistead Jones n Son, Douglass,
Lyon and Douglass, n. Y. Gulley and
w. B. Snow, argued that the petition
is for the purpose of protecting the
taxpayer, that the property in a dis
trict is taxed, not the person, and
that q woInan in Boston had the right
to say whether her property in Wake
Forest township should be taxed.
The attack upon the election was
mad from another angle. A cloud
on the actual majority was alleged. 2
few voters were erased from the reg.
istration books after they had closed
a few had not paid their poll-tax te
the sheriff. Judge Ferguson did no
go into these facts.
The Lower Court.
The lower court held tina the stat.
ute providing for the signature OF q
per cent. Of the f~reeholders Of a dis
trict, meant to include women prop.
erty holders and to give them thu
right to petition. There was no furth.
er reviewing Of the case. 1t went III
on appeal.
, The plaintiff, Gill, made the argu
ment before the higher court that Thu
matter could not go up or a fragmen
t tary appeal, that the question Of WON
l ems signatures had been settled bu
pie all those living on the farms an6
; those who do not live in incorporated
I villages and towns, So per cent will be
put down as farmers. OF the whole
, population, the eleven southern state;
it would be necessary to carry tn
. other facts before a lower court. TIL,
! higher court decided that the Who'll
; matter was renewable.
The court rehearses the facts, find
. that the election was regular. proceed
: to the harder questions. "Who is
freeholder?' it asks. Does tn
term embrace women or only men an,
q qualified voters or electors? w
. think the latter is its true meanin
and Is what was clearly intended b
the legislature when it chose tn
words with which to express its will.
Judge Walker finds after citatio.
: of q perfect wilderness Of cases SUI
porting that opinion, that the "educa
= tional department and the attorney
general, its legal adviser. have con
- stantly and consistently for years con
= strued this particular statute to mea
that the petition must be signed b
: ~freeholders, who are voters. This az
cludes women n non-residents."
Again, referring to the fragmeniar
and premature appeal, the court hold
that should it ave dismissed the an
k peal on that ground. 1t would hav
II opened the way to the G
two Judges trying two parts of tn
Is same controversy which the law ha
d always required to be tried BY on.
y 1t took the view that it had been be,
d ter to have had the whole thing Re
" viewed by Judge Ferguson. but the
n is really no serious difference "a To ~
es facts With the other questions g.,
4. tied. the court sees no reason for ~,
Il tracted litigation. Ne
Clark's Dissent.
Judge clark's dissent with >ha COR
e"s''fS oplnon OF Judge Rr,u