Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1878-12-19
THE PAUPER VOTE.
Judge Marsh's Decision Affirm
ing the right of Paupers to
Vote where the Inflrm-
arV is Located.


ary is Located.
"The question is, whether the in
mates of the County Infirmary, situated
in Falls township, who were received
into the Infrmary from other town
ships in the county, have the right to
vote in Falls township, or rather,
whether such inmates, while in the In
firmary, can acquire such right?
The question is determined, when il
is determined whether such inmates can
acquire in the Infirmary such residence
in Fails township as the law requires,
all other qualifications being conceded
in this case
The statute provides, he may vote
who has been "an actual resident of the
township for twenty days preceding the
election" The several inmates of the
Inhrmary who voted, having lived in
the Infrmary the requisite time, were
they actual residents of Falls. township,
(having come to the Infirmary from 9th
er townships, as before stated?
1t must be stated as part of this
case, that the several inmates who voted
in Falls, and whose right to vote there
in is questioned, on being enquired of,
testified that they considered the In
firmary their home; many of them had
repeatedly voted in Falls at former
elections.
The statute to which allusion has
been made also provides certain rules
under which the residence of person
shall be determined, such rules as are
pertinent to the matter under consider
alton are as follows:
"That place shall he considered AMI
held to be the residence of person IN
which his habitation is fixed, without
any present intention of removing
therefrom, and to which whenever he
is absent he has the intention of re-
turning"
"a person shall not be considered or
held to have gained residence in any
county, township, city or incorporated
village of this State, into which he
shall come for temporary purposes
merely without the intention of making
such county, city, incorporated village
his home"
"The Nero intention to acquire new
residence, without the fact of removal,
shall avail nothing; neither shall the
fact of removal without the intention. :"
1t is claimed that the law governing
the removal of a pauper from an out
lying township to the Infrmary, de-
prives such pauper of the right to make
the new township into which he is ia
ken his "actual residence" as required
by the statute, to enable him to VOTE
In sustaining this claim, amongst other
things, it is said: If the inmates of the
Infirmary of their own volition, may
make Falls township their actual resi-
dence, then, if the Infirmary should
burn down, such paupers would be-
come charge upon the township of
Falls. The situs of paupers and which
fixes the liability of townships, is fixed
elsewhere in the statutes, and by other
terms.
Section II of the act fer the Relief
of the Poor provides: ".Every person
shall be considered to have obtained
legal settlement in any county in this
State, in which he or she shall have
continuously resided ard supported
himself or hersel: for twelve consecu-
tive months, without relief" ..5s.
The settlement which person has
or shall have legally obtained in any
township shall continue to be
therein until he or she shall have OBJ
tanned legal settlement elsewhere"
Under this legislation, the sitas of
the legal settlement may not determine
the township in which one may vote,
and no such results could follow the
burning of the Infrmary as have been
suggested. The inmates could not
have gained a settlement in Falls,w
they were receiving ''relief'' in the In
firmary and they would therefore con
tinue to be charge to the township
from which they come; having acquired
settlement in one township, they
couldn't lose it until they had obtained
one in another.
If the law governing 1nfrmaries
were such that any poor person from
any township could remove to it and
remain therein, and be supported as
long as he might choose to remain, then
there would be no doubt that such
person could thus make himself vot-
er in Falls township, having, of course,
the other necessary qualifications. We
must look then to the law governing
infrmaries, and the removal of paupers
thereto, for the consequences upon the
volition of the inmates.
The law provides. The Superintend-
ent shall receive into the Infirmary
any person who shall produce TO him
such an order or voucher as is requlr-
ed" DC. The Trustees of the town
ships are required to enquire touching
the necessaries, DC. of alleged paupers,
and make a report and statement there
of to the Directors of the Infirmary,
and they-being satisfied, &c.-"shall
forthwith direct the Superintendent of
the Intirmary to receive said pauper
and provide for him or her in said in
stitution, and they shall furnish trans
portation for said pauper to the In
firmary."
There is no law or authority for re-
ceiving into the Intirmary any person
as an inmate, except as here stated.
If the Trustees of any outlying town
ship, with the Directors of the Infirm
ary, have the power over a pauper in
such township, to take him against his
will to the Infirmary, and do so, such
removal will not constitute such pau
per resident of Falls township within
the meaning of the election law, and
make him a voter therein.
If pauper can voluntarily go to the
Infirmary and become an inmate there