Evening star., 1951-01-30
Decision Is Awaited
In Special Hearing
On Virginia Poll Tax

oPCS4oI Ccucidl court To-Day
mad under advisement the suit of
an Arlington woman CHALLENGING
constitutionality of Virginia's poll
tax.
The case was argued in Alexan-
drla District Court yesterday be-
fore Judges Armistead Dobie of
the Fourth Circuit Court of Ap-
peals, and Sterling Hutcheson and
Albert v. Bryan, Of the Eastern
District of Virginia. The three
judge court was convened because
the suit involved a constitutional
question.
No indication was given as to
when their decision would be
reached.
The suit is that of Mrs. Jessie
Butler, SIS, colored. of 13 South
Barton street, who asks that she
be permitted to register without
payment of a poll tax. Defendants
are Mrs. Mary Thompson, Arling-
ton central registrar. and other
county and State election off,
cialS.
The same suit was dismissed
last summer by Judge Bryan, but
the Court Of Appeals ordered a
rehearing on grounds that the
case should be considered by a
three-Judge court.
Points in Argument.
Attorneys John Locke Green
and Frank L. Ball argued that
Virginia's poll tax is unconstitu-
tional for three principal reasons:
l. The State Constitutional Con-
vention of 1902 adopted the poll
tax with the intention of reducing
the Negro vote.
2. Virginia was re-admitted 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.
3. Administration of the poll tax
has been to the disadvantage of
Negroes.
mo matter how fair a law may
appear on the face, If it is ad-
ministered with an evil eye and
unequal hand, it is unconstitu-
tional." said Mr.. Green.
IntrOduces Tables
He introduced poll tax and
population tables to show that
about 40 per cent of Virginia's
colored people of voting age are
not assessed to pay a poll tax,
while less than 20 per cent of
white residents are unassessed.
THAT sophisticated law re-
duced at least 70 per cent of the
colored vote. It that's not dis
elimination, then don't know
what is" said Mr.. Green.
MIR. Ball commented that CEN
sus enumerators had been able
to locate colored people, but that
commissioners of revenue seemed
unable to do so for purposes of
poll tax assessment. He referred
to figures in Goochland County
where almost every eligible
voter was assessed a poll tax in
recent years.
That shows the commissioner
OF revenue can assess them if he
wants to and doesn't fall into
the habits that have been handed
down for the SO years this law
has been in effect" said Mr.. Ball.
He argued that in most counties.
however, the practice Is to assess
poll taxes against a small portion
OF the Negro population.
Argues Poll Tax Is Valid.
Walter E. Rogers, assistant to
Attorney General j. Lindsay Al
mond, jr., argued that the poll tax
is valid, and has been held valid
by the United States Supreme
Court. He said there had been no
proof in the case that colored
people are not assessed poll taxes
because of their race, and con-
tended there had been no evidence
Of mal-administration.
The poll-tax law applies to all
alike, regardless Of race" said Mr..
Rogers.
He said he did not believe the
intent of the Constitutional Con-
vention in imposing the poll tax
had any bearing as long as the
law is equitable. He blamed the
low rate of Negro poll-tax assess
ments on reluctance Of Negroes
to pay.
"Those people don't want to pay
the tax. They know that they
will get on the tax rolls and be
required to pay other taxes" said
Mr.. Rogers.