The weekly soliphone., 1915-05-21


Middleton had not qualified as may
or of Paragould at the time the
suit was filed, hence he could not
at that time have been usurper Of
the office.
D. G.. Beaushamp, representing j.
IT. Hester, asked the court this
morning to make an order direct
ing the commissioners to deliver
the ballots, poll books and tally
! sheets into the custody of the court
to be used as evidence in the case.
! The court granted the motion and
made the order over the objection
of Judge Light
/ Prior to taking up the demurrer
to the indictment in the Mckinley
case, Robert f. Fuhr, deputy pros
ecuting attorney, dismissed the
case against Dutch Alton and YES
ter Rice who were indicted for al
legged illegal voting. Mr.. Fuhr
stated Mr.. Alton had a 1913 poll
tax receipt and Mr. Rice became of
age after time for assessing taxes
in 1913.
! BY way of summary of the mat
ters brought out in court this morn
ing it may be stated that it is a
felony to vote in a national, state,
county or township election with
out having poll tax receipt for the
| year ending July l prior to the date
of the election. In city and school
elections one cannot vote without
such poll tax receipt and it is the
duty of the judges to deny the ex-
ercise of franchise to those who are
not thus qualified, but should any
such votes be polled the party is
not guilty of a crime, although his
vote may be thrown out in case of
i an investigation.
| A poll tax receipt dates from
July to July. The 1913 receipt
states on it's fact that the holder
is entitled to vote in all elections
from July 1, 1914, to July 1. 1915.
and a 1914 receipt does not become
effective as voting instrument un.
til July, 1915, and holds good until
July 1, 1915. If an election were
held on June 80, 1915. none could
vote legally except those holding
poll tax receipts for 1913.
( Following the ruling of the court
this morning in sustaining the de-
murrer to the indictment of. Mr..
Mckinley, whose case was made the
test case, gave the following state
men to the Press:
81 did not wish to enter a de-.
murrer to the indictment against
me charging me, as one of the
judges in the election. with permit
ting illegal votes to be cast, but my
attorneys persuaded me that no law
yer would like to try a case where
there was no law under which to
even bring an indictment. I felt
then and believe now that l could
have been acquitted on the merits
OF the case before any unprecedented
jury in Greene county, for I have
that faith in the integrity and fair
ness of the citizenship of the coun-
TO to cause me not to fear the re-
suit of fair trial on the facts in
the case.
II am charged, together with
Mr.. Dickinson and Mr.. Webb, with
having allowed % people to vote
who were not in possession of
poll tax receipts. Since coming
to Paragould, about half of this
number whose names are given
as illegal voters in the ward in
which 1 served have exhibited to
me poll tax receipts for 1913. IF
should fail to find the others
! legal voters, the judges in the First
ward will have been guilty on
per centage basis of less offense
than the gentlemen of the grand
jury. as we had over three hun
dred voters wherein they charge
2S illegal votes, and in fact thew
are about fifty per cent off in
their charge. The election Judges
were at sea as to the poll tax situa-
ton, not having been furnished. as
the law requires, with a list of To-.
gal voters.
AT later date I will give to
the people of the state, and espec-
Tally to organized labor, a history
Oh this case as I see it, However.
desire to express to those loyaI
friends who have stood by me in
this political climax" my sincere
thanks, and it is a duty I feel T
owe to my family and those good
friends that 1 prove my innocence
OF this unfair charge"
Exercising cool judgment and