The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-11-01
A Case About Voting.

Judge BARRETT on Tuesday rendered
decision in a matter which has long been
disputed concerning the right Of citizen
to vote who has changed his residence
within thirty days Of an election. This de-
cision Is said to affect adversely the right
to vote this year Of 1000 persons in this
city. though that number is probably very
much exaggerated. Hitherto. under the
instructions contained In the manual
prepared and circulated by the Chief Of the
Bureau Of Elections. registry inspectors.
under a decision Of Judge PATTERSON. have
enrolled persons who declared themselves
residents Of a particular Assembly district
for thirty days. Judge BARRETT's de-
cision land he announces that Judge PAT
TERsoN concurs In it) is that by the act OF
moving from one election district to another
they are disqualified for the purpose Of
voting this year. an actual and continuous
residence Of thirty days In the immediate
election district being requisite.
The cause OF the Misunderstanding OF the
terms Of the law on the subject Is known as
the KLINE cnse. KLINE. resident Of the
Eighth Election district OF the Fifth Assem-
bly, district. removed to the Fourth Election
district prior to the election Of 1889. His
counsel. Mr.. PETER MITCHELL, procured .
mandamus from Judge PATTERSON. and
KL1NE's name was thereupon enrolled. It
now appears that in this a mistake was
made. and that the right Of an elector to have
his vote taken. after he has removed from
one place In an Assembly district to another.
applies only to special elections. held sub
sequent to regular ones. at which there
Is q revision" Of registry. but no new
enrolment. Judge BARRETT's decision (the
correctness Of which. by the way. Mr..
MITCHELL is said to dispute) would certain
ly appear to be In accord with the plain let
ter and evident intent OF the State Constltu-
ton. which, as amended by the voters on
Nov. 8. 1872, provides article 2. section y:
Every male citizen Of the age OF twenty.one years
who shall have been citizen for ton days and
habnnt OF this State one year next preceding cleo
ton and for the last four months resident Of
ty and for the last thirty days vedens the eioa do
1 In which he may offer his vote, shall no entitled to
vote such election in the election district OF which
shat, at the time be resident and not elsewhere for
all officers that hereafter may b elective
by the people"
While in few isolated cases strict COM
pliance with the terms of the Constitution
may impose a serious hardship upon the
voter. the offsetting advantage Is most
important. 1t grently reduces the chances
OF fraud by colonization. since IL 1t
were still possible for person to vote
upon his vague averment that he
was resident OF n certain Assembly
district zone Of the Assembly districts In
this city contains 81. 900 qualified voters. and
another is ton miles long, the chances Of
detection would he very much reduced.
and premium would be put upon tho
business Of voting "early and ofton."
But. whatever the moral phase OF the ques-
ton muy be. the legal one Is perfectly clear.
The Constitution specifically prescrlbes
residence IN an election district for thirty
days. and Judges THAT Is. Judges OF the
higher courts). not framers. are the inter-
prefers Of the law.