Evening star., 1951-02-19
Court Dismiisses
itCha||enging
Poll Tax Law
Special Three-Judee
Tribunal Acts on
Arlington Case


andria today agreed to dismiss
the suit of an Arlington Negro
woman challenging constitution
ality of Virginia's poll tax laws.
The decision was rendered by
Judges Armistead Dobie of the 4th
Circuit Court of Appeals and Ster-
ling Hutcheson and Albert v.
Bryan of the Eastern District of
Virginia, who heard arguments in
the case last month.
Judge Bryan had dismissed the
same suit last summer, but the
4th Circuit Court of Appeals or
dered rehearing On ground that
the case should be heard by a
three-judge court.
Constitutionality Challenged.
The suit is that of Mrs. Jessie
Butler, SIS, colored, of 13 South
Barton street, who asked that
she be permitted to register with
out payment of a poll tax. De-
PENDANTS were Mrs. Mary Thomp-
son. Arlington central registrar,
and other county and State elec-
ton officials.
Attorneys for Mrs. Butler were
John Locke Green, who is the
Arlington County treasurer, and
Frank L. Ball. They argued that
Virginias poll tax was unconsti-
tutional for three principal rea-
sons:
! /. Virginia was readmitted to
the Union after the Civil War on
condition that the State consti-
tuition never would be altered to
discriminate against any class of
voters.
Q. The State Constitutional
Convention of 1902 adopted the
poll tax with the intention of re-
ducing the Negro vote.
3. Administration of the poll
tax has been to the disadvantage
of the Negroes.
Will Appeal Decision.
Mr.. Green said he would appeal
today's decision to the United
States Supreme Court.
The 17-page opinion was writ
ten by Judge Dobie. and con-
CURED in by the other judges.
Commenting on the first con-
tention of Mrs. Buffers case. the
opinion says it would be up to
Congress to decide whether Vir-
ginia's poll tax violated the Act
of 1870. Since Congress has con-
tinued to admit Virginia to repre-
sentation for more than a half
century since the poll tax was
adopted, it might well be consid-
cred that the condition has been
waived. according to the opinion.
The opinion. In answer to the
second point of Mrs. Buffers
case. said:
1T is admitted that some of
the most vocal and violent men,
bers of that convention Cthe 1902
Virginia Constitutional Conven-
tom expressed a desire and pur-
pose to eliminate the Negro as a
voter in Virginia"
Motives Not Involved.
"Yet even the most violent of
these expressed an intention to
bring about this result by means
that were valid under the Federal
Constitution and Federal law"
Not withstanding the motive,
the judges declare "it is we'll
settled that a law that is fair on
its face and is also fairly admin
istered is not rendered invalid by
the evil motives of it's craftsmen.
The judges acknowledge that
statistics introduced in the case
showed higher per cent of white
people are assessed poll taxes than
Negro.
Certainly we cannot declare
the Virginia poll tax law invalid
solely upon the assumption
that a difference of Is per cent
in poll tax assessment war
rants conclusion that there is OBJ
vious discrimination :" the
opinion said.
The opinion states further that
no evidence showed that any
Negro has been refused a poll tax
assessment whenever it was re-
quested and pointed out that Mrs.
Butler had been assessed the poll
tax for 10 years, which she did
not pay.
In dismissing the suit, the
judge also agreed to dismiss a
damage suit filed by Mrs. Butler
against the election officials.