The Birmingham age-herald., 1920-12-16
MUST WOMENPA POLL TAX? COURT
 ASKED ID DECIDE
Alabama League of Women Voters File Test Case Which May Require Special Ses-
 sion of Legislature
By FRED H. G0RMLEY Montgomery Bureau, The Age-Herald
 First National Bank Building

Montgomery. December l5.-(Special. )- The validity of the law enacted at the special session of the legislature requir- ing women to pay a poll tax before be- coming qualified to vote, became an is- sue in friendly suit filed in the Mont goEery circuit court late Wednesday. : Judge Leon McCord immediately rem , dered a decision holding that women need not pay the tax until 1922. His quick action means that final decision may be obtained from the supreme court by Feb ruary 1, the last day on which poll taxes may be paid. The case is of far-reach- ing importance because of the varied ideas advanced. One contention is that although the law contains one penal sec ton, it does not come within that section of the code which says the criminal stat utes shall not be effective until 60 days after approval.
 Another contention is that the stat ute is penal and did not become effec- tive until November 2 or 50 days after ! it's approval. The third and most iIn- portant contention is that the nineteenth amendment to the federal constitution did not strike the word males from state {. laws relating to poll taxes. That by enumeratlng those required to pay poll taxes the constitution prohibits the ad- dition of other classes and that there fore the Alabama legislature had no au- thority to require women voters to pay poll taxes
 This contention further is that as there can be no discrimination between classes and as women cannot bo required to pay poll taxes, men may also vote without paying such taxes if the supreme court should hold the latter contention to be correct, ar extra session of the legis- lature would be necessary for the pro- lection of the ballot boxes.
 Poll tax payment was made optional witt. the individuals is order that only the worthy might participate in eiec- tions and the elimination of all require- nnents relating to poll taxes would make registration as the only prerequisite or voting. Judge J. J. Mayfield, former as sociate justice of the supreme court ana now code commissioner, has expressed the opinion that the third contention IS correct and his opinion has received great weight among other attorneys.
 Because of the doubt which has arisen recently women voters decided to make the test The cost of the suit will be born by the Alabama League of Women Voters in order to make the issue, Mrs. Mary L. Graves rendered the poll tax fee to A. IL Eubank, tax collector Of Montgomery county, who refused to ac- ccpt 1t. answering that women were not required to pay poll taxes for the fiscal year of 1921, as the statute did not be- come operative until the beginning of the fiscal year.
 Bfbo Graves appeared as attorney Tor Mrs. Graves in the case, which involves q petition for writ of mandamus re- auiring Mir. Eubanlz to issue receipt for the fee, while J. s. Tilley is attorney for thes tax collector. The petition and answer were drawn at the same time and flied together, in order that there might be no unnecessary delay