Attorney General Opinions and Advisory Letters

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Opinion No. 14-1193

April 16, 1914

BY: H. S. CLANCY, Assistant Attorney General

TO: Miss E. W. Tennent, Clerk, City Public Schools, Albuquerque, New Mexico.

TAXES.

As to who are able bodied persons subject to payment of poll tax.

OPINION

{*52} I am in receipt of your letter of the 15th inst., asking for the opinion of this office as to what are "able-bodied persons," who are subject to the payment of a poll tax. You say that it is your impression that all persons capable of supporting themselves are subject to the payment of this tax. This could hardly be so, as a person who had suffered amputation of both legs might still be capable of supporting himself. The best definition of an able-bodied man that we have been able to find is given in the case of Sherrick vs. Town of Houston, 29 Ill. App. 381, the syllabus of which reads:

"A man who is ordinarily physically able to perform the labor usually performed by able-bodied men on the public roads, is not exempt from liability for the poll tax provided for in Sec. 60 of the act of 1887."

Of course, a man might outwardly appear to be able-bodied and capable of manual labor, and yet be afflicted with an ailment which might incapacitate him. Should a man refuse to pay the poll tax upon the ground that he is not able-bodied, I believe that he should be required to submit proof of that fact.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.