The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-04-09
CHEATWOOD COULD
HAVE PAID TAXES
Nonassessmcnt Will Not Deprive
Person OF Rights Guaranteed
by Constitution.
SUPREME COURT so RULED
Suits May Result if City DEMO
cratic Committee Refuses to
Print Candidates Name.
SUPREME COURT so RULED

Leonard j. Cheatwood could have
legally paid his capitation tax on No
vombcr 90, rs his receipt shows he did.
Notwithstanding the assertion that
! he was not assessed until December .
and that necessarily the receipt was
| enormously dated. Not only is there
| no statute law which would in this
| manner deprive n citizen OF his con-
| stitutional rights. but the Supreme
! Court of Virginia. less than two years
ago. held that persons who are as
sessable with poll taxes, and have paid
| them to the treasurer, are not diSfran-
| chised simply because they had not
been previously assessed by the con-
missioner of revenue and obtained his
certificate of assessment
This ruling found In the suit OF
! Smith against Bell. 1l3 Virginia re-
| ports, will. Mr.. Cheatwood's friends
! believe. demolish the last barrier tic
City Democratic Committee could raise
| TO prevent his name going on the of
fetal ballot for the municipal primary
! on April Is. when nc stands for cleo
| ton TO the Common Council from Mad
| i.on Ward. The fight on Mr.. Cheat
| wood has become one Of tho issues
/ OF the campaign and bids fair to eclipse
| the race for the mayoralty in interest
! Public opinion has reached such n
Pitch that several OF tho candidates
who are opposed by Mr.. Chcatwood
have publicly stated that they are
willing to sign a petition asking the
city Democratic Committee to drop
the fight. and IL he Is elected. oppose
seating him in the Common Council
on the ground OF his ineligibility.
One OF Six Contendcrs.
Mr. Chcatwood entered the race from
Madison Ward, and is one OF six con-
tenders for five seats In the Common
Council With him out of tho race the
inC',uhcntS all Of whom SocI-
ton. would be without opposition. and
would therefore be declared the pariy's
choice In the general election which
VIII be held on June 9. With one live
opponent, however, the issue is
changed. and one OF the present coun-
cilmen Will probably he defeated es-
pecially rs every person who scratches
one or the 1--WE will automatically vote
FOR cheatwood He has hundreds OF
staunch friends. while the incumbcnts
no matter how good they are, have
their enemies. as well as friends. I'm
der these conditions Mr.. Cheatwood
! has an excellent chance to represent
his ward.
The first intimation that Mr. Cheat
wood was being opposed came on Fri
DAY night, when the City Democratic
Committee passed q resolution offered
, by Clyde w. Saunders, primarily for
! the purpose OF placing the names of
| Two other candidates on the ballot but
Witch III realty was meant to bar him.
| &he Sesolution received "A scant con-
| sideration from the committee. as y,
| whole. as its meaning was not clear TO
the majority II was we'll understood
| by MIR. Chcatwood's friends however.
as the fact that the City Treasurer's
DOCKS aid not record his name until
december II. two days after the ex-
piration OF the time limit for payment
or poll taxes. had been discussed by
POLITICIANS Tor more than Il month.
Holds Clearly Dated Receipt.
7" nile the TreaSurers books have
him paying his poll tax on December
II. Mr. Cheatwood holds receipt
stamped clearly November ~ 1t Is
signed by the late Isaac Held and the
discrepancy is accounted for by the
statement that he had picked up the
wrong stamp when he dated the re-
ceipt. The further assertion that MI
CheatWood had not been assessed until
December =, WAS taken TO mean that
he could not have possibly paid before
mat date. The ruling OF the Supreme
court. however, distinctly holds that
capitation taxes can he paid before the
person Is assessed il he was assessablc
any person, legal resident of the
state. IL aSsessable on February J. AT
Whichever place he is living. Mr..
! Cheatwood was living st his present
| address, 3ll North Twelfth street. at
! that time.
Inc city Democratic Committee will
| meet either tomorrow or Saturday
! night. at which time Mr. Chcatwood
! VIII probably ask it 10 go on record
| In regard To printing his name on the
pailol lie VIII contend that three
/ tax receipts. which he will exhibit
/ prove Ills right to vote on June Q. and
! the committee would exceed It's au.
| thoritY in barring his name from the
| ballot on evidence which would be suf-
| hcicnt at the polls. IT is limited that
! regal action against each member of
| me committee individually may result
| III his name is omitted.
| Court Action liz Taken
Judge -. Z. Richardson. of the Uust-
| ings Court, has been asked TO order
! city Treasurer Pace to put MIR. Cheat
! woods name on the official voting list
OF the city. but 1t Is said that he viii
| rule that legal procedure is prcma :
! ture, as the list has never been piib-
ilshed although IT should have, under
the Constitution, section IS. been post :
cd many weeks ago. After tho list is,
posted, any person whose name is not
| on II, may ask the court to rectifv tho
error.
David Meade White represents Mr..
| Cheatwood. and is preparing to fight to
the finish for his client. The case will
come MP for Il hearing on April II.
! when Treasurer james l.. Pace VIII bc
called upon to dispute the correctness
OIL receipt issued by his office