The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1921-05-24
10000 INTERESTED
IN VALIDITY TEST
OF POLL TAX LAW
Amendment Will Be Submitted
to Supreme Court on Appeal
From Marshall County
Next Week
BY FRED II. GORMLEY
Montgomery Bureau. The Age Herald
22f-2 First National Bank Building

Montgomery, May 2s.-(SpeciaL)--
Twenty thousand or more persons who
have participated in recent elections in
Alabama in the belief that they were re-
lieved of the payment of poll taxes until
October I, 1929 by the ratification of the
constitutional amendment exempting
soldiers and sailors who served in the
World war, are interested in a test of
the validity of the amendment watch
Will be submitted to the supreme court
on appeal from Marshall county next
week.
Scores OF persons who have been elected
and appointed to public offices In Ala
bama in the belief that they were legally
qualified to vote will lose their positions
If the supreme court in this case fol-
lows the precedent established in the case
involving the highway bond issue of 80
100000.
The date of the election which resulted
in the ratification of the poll tax amend
ment was set by the governor in viola
ton of that provision of the constitu-
ton which says the election shall be on
date set by the legislature. The SUI
preine court held that the bond issue
amendment was never legally ratified be-
cause the Legislature left the duty of set
ting the date TO the governor in violation
of this provision of the constitutions
LEGION SEEKS TO ACT
Because of the thousands of soldiers and
sailors interested in the final outcome or
the case now pending, the Alabama divi-
sion of the American Legion will ask
the supreme court for permission to inter-
vene in support of the validity OF the
amendment. 1t became known today that
the Legion has invited Ray Rushton OF
Montgomery and Gregory L. Smith OF
Mobile, to prepare briefs and make oral
arguments in support Of the amendment
If it is permitted to intervene.
The case resulted from the appoint
ment Of A. B. Hooper, Jr, as q MEMBER
of the Jury commission Of Marshall coun-
ty by Governor Kilby last year. Hooper,
an ex-service man, did not pay poll tax
for 1919. W. l.. Fox brought quo warranto
proceedings seeking to Dust him from OF
flee on the ground that he was not a
qualified elector and therefore could not
hold a public office In Alabama. An
agreed statement of facts was submitted
to the court which showed that If the
poll tax amendment is valid, Hooper is
qualified, but If It is not valid, ne %
disqualified Under the authority OF the
supreme court in the bond issue case, the
Marshall circuit court held that ne was
usurping the office and issued an order
OF custer. Hooper dppeaicu " VIZ -
prcme court and this appeal will be argu-
ed at the call of the seventh division next
week.
THOUSANDS INVOLVED
In his answer filed in the lower court
Hooper set up the fact that thousands
of men were involved in the case and,
although they have already participated
in Alabama elections, would be disIran-
chised. and many holding public office
will be ousted IL the courts finally hoio
the amendment to be Invalid lie aiso
argued that the state for many months
has recognized the validity of the amend
ment by permitting the eX-service men 10
participate in elections and that the SUI
preme court did not invalidate 1t, al
though it was called upon other issues
arising from the submission OF the
amendment and the favorable vote OF the
electorate. The supreme court has never
determined whether or not the amend
ment was properly submitted. other
questions were in dispute on the previous
appeal and the supreme court was not
advised in that case that the pom
tax amendment was submitted OIL Date
set by the governor instead OF the legls-
lature.
Among the men involved in this case
is Judge W. L. Longshore, young repuoh-
can. who was elected judge OF the
eighteenth circuit last November. Records
of the tax collector of Shelby county,
where Judge Longshore resides, do not
show that he paid his poll tax. fie is an
ex service man and presumably was
exempted from the POLL tax by the
amendment.