The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1921-02-13

In an effort to ascertain Just what
effect this recent decision of the SUI
preme court might have on the soldiers
poll tax amendment, Matt II, Murphy.
state commander of the American Lee
gion, addressed a letter of inquiry to
Harwell G.. Davis, attorney general.
Since the decision of the supreme court
held the bond amendment invalid because
the Legislature did not set aside the date
for holding the election, but left this to
be decided by the governor. it was set
forth in the decision of the court that
this action violated the section of the
constitution which stated that dates for
holding elections on constitutional amend
ments must be set by the legislature.
And that IL the point which Ia
causing thousands of soldiers con-
Germ today md which may
suit in the disfran chiscment of
many thousand of former service
men who accepted the terms of
the soldiers poll tax amendment
exempting them from payment
from the time they entered the
service until 1928.
SOLDIERS POLL TAX
For the Legislature, in passing the act
calling the election on the soldiers poll
tax amendment failed to set date for
holding this election and it was fixed by
the governor, as in the case of the good
roads amendment, both being held on
| the same day. Both amendments, there
fore, in the opinion Of numerous compe-
tent constitutional lawyers, must receive
the same treatment at the hands OF the
supreme court.
While the soldiers poll tax amendment
has not yet been passed on by the su-
preme court, it is considered certain to
| be called at an early date, since this
question vitality affects coming elections,
as we'll as the qualifications of many Of
| ficeholders all over the state. 1t is
pointed out that IL the soldiers poll tax
| amendment is held unconstitutional, hun
dreds of ex-service men who have been
elected and appointed to various public
offices over the state during the past two
years will be disqualified and will not be
| eligible to hold office, not being quail
fled voters.
| Former service men in Birmingham are
1 greatly concerned over the matter, as
practically all of them accepted the pass
l ing Ct the soldiers poll tax amendment
at its face value. and therefore have
| paid no poll tax. either for the time
| they were in the army or since. Now
\ they are prevented from paying, since
l February / was the last day for pay
ment, and they will be disqualified until
next year. :
RUNNING FOR OFFICE
| All ex-service men will also be pre-
vented from running for any office I'M
| til they can become qualified electors,
| il the supreme court follows the prece-
dent set in the case Of the good roads
amendment.
| knowing of the interest Of all ex-
service men in this matter and having
had requests for information from posts
l of the American Legion all over Ala
| bama, / have put the question up to the
attorney general of Alabama" said Matt
| H. Murphy, state commander of the
1 American Legion. 'Snce the soldiers
l poll tax amendment and the good roads
amendment were both authorized by ar
act Of the legislature which left this
date to the governor, both are in the
same position with regard to their con-
stitutionality.
4 $1,000 IN SERVICE
There were 5000 men from Alabama
in the service during the war, and O
these, only 1900 were negroes. 1t will
thu. be seen that the poll tax amendment
applies to about 5000 white men. Leav
ing out many who were delinquent II
payment before the war. it seems reason