Waco evening news. (Waco, Tex.) 1888-1889, 1889-03-29
"QUALIFIED VOTERS"

referring to views expressed by the
News yesterday, says we took issue
with "The Day" in regard to the quail
fications Of voters. We rather sup
posed, at the time, we were taking is.
sue with an advertisement Of some can
didate interested in the questions in.
volved.
The Day still asserts its belief that
otis position is fortified by the law"
but fails to cite the law. 1t seems to
us that we cited law yesterday that
completely demolished that position,
and hence, do not deem it necessary to
repeat.
The objection Of temporary residence
is urged specially against students,
while every intelligent observer must
know that there are in Waco quite as
many printers, clerks, dudes and other
classes, inclined to be migratory, who
no more have the dnimus manendi with
reference to Waco than do nine-tenths
Of the students attending school here.
Hence it is manifestly unjust to single
out these students and threaten them
with term in the penitentiary if they,
forsooth, presume to exercise the high
privilege of American citizens. The
majority Of these young men have not
the anims manendi, 1. e., a fixed in
tention Of permanent residence any
where. They, like large numbers Of
other people, are here to remain as long
as they deem it profitable to remain.
When their course is finished they
would locate here as readily as any
where, provided an opportunity for en-
ployment here presented itself. This,
we say, is the cese with majority Of
them. We know it to be the case be-
cause we have been there. While IL
may be truthfully asserted that many
Of them have not the animus manendi
with reference to Waco, it is equally
true that they have not the amimus re-
rertendi with reference to any other
place. Nor does the law say that either
Of these states Of mind shall be present
with the voter to qualify him to vote.
The legal requirement upon this point
is that he shall have attained resi-
dence of six months in the district in
which be offers to vote. Then, to pre-
vent ambiguity, residence" is defined
to mean where the would-be voter
usually Sleeps
The opinion from an assistant in the
attorney-general's Office published in
the Day this morning is so cautiously
worded as to make it no opinion at all.
1t says:
"Brieay stated, the rule is that in
order to be qualified to vote the stud
ent's home, his place of residence, must
be at the place Of the college. If he is
only there for the purpose Of attend
ing school and it is not his residence he
cannot vote"
Here the word home is explained by
"placc of residence" and the reader
must turn to the statute for the mean
ing Of residence" as applied in deter
mining the qualifications of voters.
There are, doubtless, few cases
where students may have fixed inten-
ton of returning to the place Of their
former residence after completing their
education, and, in such cases, it may
be correct to deny them the right to
vote here, although the statute does moi
to us, seem to warrant such prohibi
ton. And, tits grave injustice to deny
the privilege of the ballot to those who
are destitute of any such fixed inten
ton with reference to permanent resi-
dence anywhere. We believe so strong
ly in the correctness of our position tina
I'VE would be willing to guarantee the
expense Of defending in the courts
any student occupying the position JUS,
mentioned, who may be subjected t
prosecution under the statute for lille
gal voting.
In conclusion we trust that in the
: decision soon to be made upon thi
question the statute rather than tn
opinions of the law editor Of the Da
: may be taken as authority.