Waterbury evening Democrat., 1888-01-13
GAN THE VETERAN VOTE

GAN THE VETERAN VOTE ]! GOVERNOR HILLS COMMUNICATION
 TO THE LEGISLATURE.
 He Says the Inmates of tho Soldiers and Sailors Home, at Bath, Have Been De- prived of Their Right of Franchise-Is the Old Soldier Pauper?
 ALBANY, Jan. Ex-Governor Hill yester- day sent the following message to the legis- lature:
 STATE OF NEW YoRx, EXECUTIVE CHAMBER,
 ALBANY, Jan. I3. 888
 To the legislature: The New York Soldiers and Sailors Home, at Bath, was established by the state for the purpose, as it's name indicates, of providing "Home'' for certain honorably dis charged soldiers and sailors of this state who served in the army or navy of the Uuited States during the war of the rebellion. Ever since it's establishment, and until the events hereinafter mentioned, thu soldiers residing at such Home" freely exercised the elective franchise thereat as citizens of this state, their right so to do being entirely unquestioned-the Home" grounds forming separate election district created for such express purpose by the town of Bath. But about two years ago majority of the inmates of
  to the wishes of certain politicians of such town, a scheme was concocted to question the right of the veterans to vote while residing at such HoHe. Accordingly, a soldier named Silvey was selected, who permitted the use of his name for the pta. pose of furthering the scheme, and. with the con. sent and connivance of the town board, the said Sivey and certain lawyers, all of the same po- ltical faith and having the same object in view caused the vote of Slvey to be offered and re- jected at a town meeting, held in February, 1886: and after certain statement Of fAets'' was agreed upon between the said parties, and upon suchsstatement the question of the right of Sill vey to vote at the said election was submitted under the provisions of the Code of Procedure, for the decision of the general term ofthe Fifth judicial department of this state. It was to all intents and purposes an eX parte proceeding.
 It is represented that although such 'istate- ment Of facts'' was partial, unfair. artfully worded and cunningly devised. and by it's con- sessions and concealments was intended to present case absolutely requiring Q decision against Silvey, the general term unexpectedly. and to the disappointment of those engaged in the plot, sustained the right of Silvey to vote at the Home. Thereupon in further aid of the scheme, an appeal was taken to the court of appeals, winch court acting solely upon the facts as they had been agreed upon between said par. ties. and, being wholly bound thereby, was con- strained to decide against Silvey.
 It is now claimed that the decision in reference to Slvey's voting necessarily determines the
 
 although the other soldiers were not parties to 5he controversy, their counsel was not heard in relation thereto and the facts were s'agreed upon'' by parties who were all adverse to the rights claimed by the veterans. The manifest purpose of the whole one-sided proceeding was it seems the plan was successful.
 The facts agreed upon,' which were pre-. sented to the court. were designedly so shaped and colOred to make it appear that the Home was an "almshouse or other asylum" within the meaning of section of article of the constitu. tion, which prohibits inmates of such institutions from acquiring residence at the place where they are located. It is submitted that the people of the state. in establishing permanent "Home. < for their veteran soldiers dil intend to place them upon par with paupers, idiots or lunatics but intended that they should exercise and enjoy thereat all the privileges of citizenship.
 It is believed that 1t is within the province of the legislature of the state to determine the character of it's own institutions which it cre- ates, and by legislative act to declare the nature and status of the Soldiers Home, so that it can not be deemed almshouse or other asylum within the meaning of the constitution It is evident that such an institution the Soldiers Home was not contemp ated when the constitu. tional prohibition in question was framed, and the legislature shou d. by declaratory or other appropriate legislation, proceed to protect and confirm these veterans in the exercise of their rishtful prerogatives as citizens of our state E It IS unuerSLOOQ that lDOuC IOU or these vet erans voted at the Home at the election in No- vember last, and have been recently indicted therefor by local grand jury at the instance of the same parties who instituted the Sivey suit Prompt attention to this subject seems to be demanded, and cannot believe the legislature will refuse to exercise it's proper functions to prevent the consummation of the outrage in volved in the prosecution of these veterans and to remedy the wrong sought to be perpetraJed in refusing to permit them to vote at the only "Home' and residence which they can call their own.
 It should further be stated that prior to the de- state. upon full, fair and candid statement of the facts applicable to the Home and it's inmates had decided that the veterans had right, under existing laws, to vote at such Home.
 1 Additional legislation seemed, however to be required, or at least desirable to the end that the right of such veterans to vote at the Home 1 may be established and settled by an express | statute. There can be little doubt of the power l of the legislature to declare what shall consti tute a residence in such cases, and the proprety of it's exercise in favor of these veteran soldiers | is too clear for argument At least there ought not to be any reasonable objection on the part o1 1 any one to their voting at the "Home'' for al national, state and other officers not strictly | local in their character.
 | The whole subject Is commended to the con sideration of the legislature.
 1 DAVID B. HILL.
 Damaged by Blast.