Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-11-19

t,on In rhe discharge of this duty the court is
! without en- barrassment- tits made TO appear
| by unConuoverted proof that eighty -fiys
soldiers in uniform were registered aud
| voted. These soldiers Were on daty at Russell
| Barracks with no other residence within the
precinct where they voted than the stay of q
soldier under the command of his superior. Ii
is further stated that all save voted tor the
pehtloner and against he respondent This
was IN direct contrayention OF The law of Con.
gress passed May l., lc6S, which provides that
the first section of the act entitled, s'An Act to
regulate the elective franchise in he District of
Columbia, passed January s, 1867, .'shall not
be construed conferrlng the elective franchise
IN said city on non- commissioned officers, sold
lers, sailors, or marines in the regular service
OF the United S.ates, stationed or on duty in
said city, except such may have become
regular residents with their families in said
city for one year previous to any election."
And also In violation of all the Ia ws of domi-
cIle laid down by the text books and the
courts. In the case OF the People II ret Orman
Riley, 18th California, pages 80, 81, which
involved a question similar 10 the one in this
case, the Court says: This was a contest for
the office of sheriff Tne only point we think
1t necessary 10 notice, Is the Objection TO the
admission OF m uster- roll offered. to show that
some contested votes given at one of the pre-
cincts OF the county were given by soldiers of
the Jnitsd States army stationed there. The
the United States army dd not disc @ aai TiS y them
from voting. But they Were not entitlsd TO vote
unless citizens OF this State and of the county
Tor the required period before the election; and
mere residence Soj0HT7l tie county iR htS
'OpGCiy does not make them cifi<eHs prDrt them
10 be such. The rule as fixed by the Constitution
is, that the fact OF such solourn or residence
soldier neither creates nor destroys citizen.
ship-leaylng the political sf1tus of the soldier
where il was before. = 1t US
that the proof that these men were soldiers,
and not citizens Of the county, is very simple.
IL could, TreSUne, De cdSiIy sho,ca that thsse
men came into The county soldiers, aud thdt ut1y
hare been Since acting such. and that they Osre
not citizens Of the county b.fovr and thus the pre-
SnnpttoH Woud arise that Hsy HOt legal rOfers
Again. in the case OF Crawford VS.. Wilson
ith Barbour, p. 522, the same principle is laid
down: sFrcm the various definitions of the
term residence, inhabitancy, and domi Gil.
and the decisions in regard TO them, 1 think
we can deduce the proposition that the term
legal residence, or inhabitancy and domicil
mean the same thing. BY legal residence I
mean the place of a mans fixed habitation;
where his political rights; such as the right OF
the elective franchise, are to be exercised, and
where he is liable TO taxation. A person leav.
ing such place OF fixed habiation abode
teDprGriiy, as for particular purpose, either
for pleasure, business, or health. with the in.
tent OF returning TO the same as soon as such
purpose Is accomplished, does no; lose has rssi-
ceHc' or hdJ'tdacy in such place of abode. The
actual residence Is not al ways the legal resi-
dence or inhabtancy of a man. foreign
minister actually reSldes and is personally
present at the court TO which he is accredited.
but his legal residence or inhabitIncy and
dCmlcil are IN his own country. HIS fresIdenCe
at The foreign court l. only temporary resi-
depCe. Hei there for particular purpose.
so soldiers end SedmeH ray he tegG' residents aad
nhdbtt0htS Of place, although Hsy may h1re
tea, dtSent herttg,m for years. Thy 10 not lose
her residence or d, mtcH BY tollo.ciRg heir pro-
tosStoH.'
Other authorities TO The same effect might be
.eferred 70. Dut 1t is unnecessary. But if there
could be any question as 10 the legality Of these
elghty-fye voters the whole case Is relIe we'd of
any en- barras sment by positive proof that the
nominal maiority gwen TO the petit, ,oner on the
face OF the returns was more than counter
vailed 10y the votes OF soldiers who had not re-
sided within the District Of Columbia either
IN camp or out, for the pc -iod of one year. Iu
fact, this militify vote was IN part and as a
whole a fiagrant fra nd pom the cIIizens OF that
ward and OF thecity of Washington, made up.
as IL was, from the ballots CT men, VINO never
had legal residence in the City " ard. and
who by reason of tncfr- military occupation
could not acquire such II residence.
These views bring the Court to the conclu-
siUE that the petition be dismissed with cJst
Judge Olln delivered a dissenting opinion.
IN which he said that he believed The Judges
OF Reg sITatIon had acted onscieatIousiy. aud
tb"Ir Judgment as 10 who Were eatItled 10 vote
was conclusive. BY the provision of the &C
OF leo they are TO take testimony On the quail
nc.tons of voters, and the party whose name
does not appear on the fist is not entitled 20
vote. He had no doubt but that these acts
were judicial, and he referrs d 10 a number OF
authorities Oh this point He reviewed the
pieadings ia the case ing thai the duty ofth
Register was PLAN; he was TO issue a ce ertfica-
10 the party he finds ELECTED from the returns
Instead OF perfol ming this duty he constitutes
hlmseif court and gravely comes 10 the con-
clusion that Carroll ou ght TO have been elected
1t was gross and very grave error on the
part OF he Register, TO speak in no other Ian.
guage. 1t was bis duty, under the returns, 10
issue the certificate TO Mr.. Meade, for thes,.
affidayits were not e;urns and wera not really |
Inc acts OF the commissioners OF Election. The |
registers erred as 20 the rule in relation 10 Ies
dence. The law means that when a man
comes here with the idea of max ing his home, |
and remains twelve months ne Is a qualified |
voter. If he comes here for a temporary pur.
pose, as do hundreds OF clerks, he does not be- |
come a voter. The board seemed 10 have |
thought that ''residng' was equivalent TO |
stay ing or living IN place. A man may stay |
here for years and OF be said to be a resident.
tor clerks do not lose their residence in the |
States by living here, but return home annu-
ally like flock OF geese, 10 vote. He felt con- !
strained to say that marking the ballots was a |
gross and grave outrage, for the disting gushing |
feature of an election by ballot was its sacred.
ness ana secrecy; that the elector should b.
entirely free TO vote for whom he pleased.
1 his was a means which defeated the whole |
policy Of the law; ii was without authority,
and ought 10 be reprohated.
Judge Wylie concurrod in the opinion as an |
Dounoed by the Chief Justice. aud said as to /
the sacredBees Of the ballot, ii a scandalous |
fraud had been committed, II was the duty OF |
the COnrt 10 follow il, and il these tickets wers
stuffed in the box by parties not entitled 10 |
vote, 1t was fraud In This case he cast no re.
Election upon the Judges OF Registration: unsy |
had made mistake IN deciding as to resi-
idence. $50 3D.
Judge Fisher concurred with the Chef Jus-
uee, as also Judge Wyle, saying that such Il |
case may arite as party filling the registra- |
ton lists with bogus names, and vet because ii 1
was not the act of the Board they could not be /
erased If the doctrine Of Judge Olin is correct |
The Court ordered the books and papers
from the Registers office 10 be returned.
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