The record-union., 1892-11-23
DALEY AND MILLER
Police Judge Cravens Holds Them to
Answer.
He Gives His Reasons for Such
Action at Length-Edward
Morse Discharged.

voting and their cases were taken under
advisement by Judge Cravens. The testi-
mony il these cases has been published at
length, and the public are, or should be,
familiar with the facts.
When the defendants were called in
court yesterday Judge Cravens announced
that Miller and Daley would be held to
answer, and Morse discharged. Bail in
Miller's and Dailey's cases was fixed at
$1,000 each, which was given.
Altogether eleven persons were ar
rested on charges of voting or attempting
to vote Illegally. OF this number one
badly scared individual pleaded guilty
to the lesser charge, although he swore
he had resided here since May last, and
honestly believed himself entitled to
vote. Another ignorant defendant, who
appeared to be an Indian, pleaded guilty
10 attempting to vote illegally.
A third, who was similarly charged,
and who was also badly frightened when
arraigned in the Police Court, at first
pleaded guilty, but when he had recov-
cred from his scare he withdrew his plea
and promptly proved his innocence.
Then a felony charge was entered against
him, and on this he was also acquitted.
All the other charges were found to be
without merit and We're dismissed, eX-
NEDb Oll6 against AllllbE anu dilOLlGI
against Daley, on which, as above stated,
they have been held to answer. Both,
however, were in the county and State
the requisite number of days, and voted
but once on election day, although they
had not lived" continuously for thirty
days in the precinct in which they cast
their ballots.
This is the result of the casting Of the
drag-not, which it was proclaimed would
till all the jails with suffers"
THE CASES REVIEWED.
In rendering his decisions Judge Cra-
vens spoke at considerable length, re-
viewing the testimony and the law on the
subject. The remarks Of the court were
as follows:
l have had some cases under advise
ment Of persons charged with illegal
voting at the last election. In all repre-
sentative Governments it is the right Of
the people, through their representatives
in the Legislature, to fix the qualiiica-
tions of voters, and it is especially their
duty in a country like ours, where every
man is a sovereign and entitled under
such restrictions as the people in their
representative capacity may 1X, to eXer-
else the sacred right of voting.
In order TO settle and fix these qualifi-
cations it is embodied in the Constitution
of this State that a person otherwise
qualified TO vote shall be resident OF the
State one year next preceding the cleo
ton and OF the county in which he offers
his vote ninety days and in the precinct
thirty days before the election. The
reason for these restrictions is obvious.
our Constitution gives to each State the
right to determine who shall be voters in
that State and elect its own rulers, State
county and local. If it were not so there
are adjoining States in which the over
whelming majority of one party might
invade an adjoining state and carry the
election IN the invaded state by the colon
izing Of illegal voters. The same rule
applies and the same reason applies 10
counties and also 10 the legislative dis
tricts of the state or the Supervisor Dis
trlcts OF the county, because each OF these
districts should be represented by one
who is identified with its interests and
can represent the will of
THE ACTUAL RESIDENTS
OF that district. Formerly, and before
our country had become as pOpulous as it
is and before so many large towns had
grown up in the States, the rule was not
so strict; the time has been in MANY Of
the States when a voter of the county
could exercise his right in any part of the
county; but under that system persons
grew up who went into the business Of
herding voters for personal gain to them
selves, and it became necessary Tor the
Legislature to be more strict and define
more particularly the qualifications Of a
voter; hence they have fixed the pre-
cincts and have enacted into law the re-
quirement that voter must be resident
OF his precinct at least thirty days before
the election, and they have even gone
further in most of the States-they have
provided the registry laws, by which the
voter and his residence might be identj-
ted; they have increased the number of
precincts, restricted the number Of voters
in each precinct and the boundaries OF
nrpCInefG- that the gpfual fpciHapte Of
that district might know who are legal
voters therein. This has all been done in
the interest of local self government.
WHO ARE RESIDENTS.
Following out this principle, they have
provided in the Constitution who shall be
qualified electors. The Legislature has
also defined the term resident 10 be.
lone who has fixed habitation to which,
when not otherwise engaged, he returns
in his moments of repose." This does
not mean that man can elect a residence
in any particular district at will for the
purpose of voting, but that he must have
a present intention of becoming perna-
nept resident thereof. A permanent resi-
dence and domicile for the purpose of
constituting an elector are controverIable
terms. Nattel, in his ''Law of Nations"
defines domicile to be a fixed residence
IN any place with the intention of always
staying there" Judge Story, in his Con
A1ltI Ol LAWS, tOutIAultLS. 10 some GN-
tent, TINS declaration OF attel, and has
fixed a clearer and more reasonable and
proper definition of the term ''domicile."
lie says: 1T would be more correct to
say that place is the domicile of person
in which his habitation is fixed without
any present intention Of removing there
from" From these conclusions it ap-
pears, and 1 think it is certainly the law,
that 1t Is just as essential for an elector to
be resident of the precinct in which he
offers to vote thirty days, as that he should
be IN the county ninety days and in the
State one year.
IN THE CASE OF EDWARD MORSE.
Charged with illegal voting, it appears
that Morse voted at the Third Precinct of
the Second Supervisor District at the last
general election held in this city on the
Sth day of this month. The officers of
election at that precinct have so testified
and identified the defendant 1t also an
pears in evidence for the prosecution that
Morse did not at that time live within the
street boundaries of the Third Precinct
of that district. Morse offered himself as
a witness in his own behalf, and bv his
own testimony shows that he is a cook
by profession and that he came to this
city, having previously resided some
where else. Some time in May last he
remained here for short time, then he
went TO DavisVille, Dixon, Rocklin and
various other places not in this county;
that sometime in October he returned to
Sacramento and stopped at the Me-
chanics' Exchange Hotel, situated on 1
street. between Front ana Second, which
place is not within the precinct where he
voted, and remained there few days,
when he removed TO the northeast corner
OF Third and X streets on the 18th day of
October, and less than thirty days before
Inc election; that he remained there until
EteeLlOD UaV. and election 0AN went