The Hattiesburg news., 1913-01-09
ASSISTANT ATTORNEY GENERAL
RULES POLL TAX ALONE
is NOT SUFFICIENT.
PETITION SHOULD NOT
BE FOR AN ELECTION
Should Petition For or Protest Against
Issuance of Bonds and Not For an
EIectlon--opinIon ls of interest to
Every County In State.

Special to The Nesos.
Jackson, Miss, Jan. S.--A person
who pays only his poll tax cannot vote
! on an issue involving the question OF
whether bonds for the erection of a
court house shall be issued, and the
vote should be limited to the male tax
payers who pay property tax. is the
opinion of Assistant Attorney General
George H. Ethridge.
The assistant attorney general Is
also of the opinion that petitions re-
garding bond issues should petition or
protest against the issuance of bonds,
and it is not sufficient merely to pc
tition for an election on the PROPOSE
: tion as to whether the bonds shall be
issued, because many persons might
sign a request for an election who
, would favor bond issue.
: This question has been a puzzle to
officials in many counties in the state.
t hence the ruling of Mr.. Ethridge is of
e wide interest in Mississippi.
It A letter written by the assistant at
y torney general yesterday is self-ex-
planatory. 1t follows:
Hon. v. H. Torrey, Attorney-at-La Law,
Meadville, Miss:
Dear Sir--I have your letter as at
torney for the board of supervisors OF
Franklin county requesting an official
opinion from this office as to whether
under section 1913, code of 1906, pro
viding for the issuance of bonds, a per.
son who pays poll tax only has the
right to vote in an election ordered by
the board for the purpose of determin
NJ ing whether the bonds proposed to be
issued, shall be issued. Secondly
whether under said section, the board
should regard a petition for the hold
ing of an election in the following
language.
as 1--WE, the undersigned petitioners
70 being voters and taxpayers of SAID
IN county, respectfully petition your hon
of orable body to submit the question o
Of issuing bonds to build a court house il
ba said Franklin county, to the taxpayer
70. and voters of said county"
Of "Opinion.-In regard to your frs
70 inquiry, will say that constituting sec
&c tion 333, as whole, am of the opin
In ion that person who only pays pol
tax is not entitled to vote on the bons
,at issue, but that the vote should be linn
nj tied to the male taxpayers who pa.
II property tax. think the latter par
go Of the statute is to be referred to tn,
,s first part of the statute as to the min,
- of taxpayer, as clearly the law, in m.
pon opinion, is that none except peopl
:, who have to pay the tax should be al
- lowed to vote on the proposition.
a.. In regard to your second inquiry
the language of the statute is "shal
petition against the issuance of bonds.
think under this requirement Of tn
statute, it is necessary for the pet
49, TONERS to petition or protest agains
,on the issuance of bonds, and it is nc
~ sufficient merely to petition for a
lection on the proposition as to whetl
er the bonds shall be issued becaus
many people might sign the petitio
requesting an election out of the mel
Difference to the feeling and wishs
of people who differ from them on II
proposition, and the petition in Il
Sc language quoted in your letter wou
not indicate that the voter was Q
posed to the bond issue"