The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-11-05
QUALIFICATIONS OF VOTERS.
IMPORTANT DECISIONS 1T JUDGES
~ BROWN AND RERhIOk.

Al A,.shsuse Not . Legal Res'denes or
Dssaicile. Neither 10 the Government
RsssrvasieW 1T West Peint-students DO
Not Acquire Reside.ee fer the rarposs
sfyots.s ~ Atssaa,as College or school,
NEwpuEaH. Nov. 1.-TWO election cases were
before Judge Brown in Chambers to-day that
will attract attention everywhere In the STATE.
The cases were those to strike from the regis
try list OF tho Seventh district OF the First
ward In this city the names OF the raupers
who live at the almshouse In that district. ana
to strike from the registry list OF the Third
district OF tho town OF Highlands. made Tor
the soldiers nt West Point. tho names OF
the men who are enlisted and doing
duty at the military academy A large
legal force was present. the hepuoh.
can lawyers against the application ana
tho Democratic lawyers In favor OF IL An
renlized the Importance OF the cases ms they
involved tho loss to the Republican ticket OF
about $50 votes, and will have material enect
on the election OF Congressman. Assembly
man. and county officers judge brown
opinion in both cases Is In favor OF tho Demo-
Gratis. and they are consequently very much
elated. Tho opinion IN tho almshouss case
was In substance US follows:
II hold that men who 60 to an almshouse
cannot obtain legal residence or domiciie in
tho nlmshouse. and II they have no legal resi-
demo in tho almshouse they have no legal
residence In that district. hold by every au-
thority have consulted that no man can ac-
quiro residence by being an inmate OF n pub
lilo institution. think no authority can DO
produced that will hold differently"
Tie case Of an inmate who pays MS board
was held open for consideration.
In fhn raaA NJ thA Wesk Point soldiers the
Court said that tho subject was familiar to
him. because he had two litigations before him
assessment Of the railroad. The second was
an action for foreclosure Ut mortgage Whict
fsrosd iS hronsS wat liz
the iowa IN 81 HshianI. Sad no SUBSTITUTION
over the property at West Point. and tn the
s 'ssoo n Be sr hs s h' t FH hs
piicatisn Tor the foreclosure. because
&sst Sns e Gf sSe State P'
S Ct e Sa asssSn In s 'nSsss msa
Ferry. involving an action on the Government
WINS decided that thu State Court had no iuriis-
dictlon, He said tho Inspectors acted under
@s sss haa is. Fsh. se pn
in the Constitution; q course, the voter must
the S bstsies 81 Nest S
SsH SS Is 6s s.,s %at 1S district Of Co.
Tss Tsssns At %e.s sa
s.asI 'hat Of as Wst are
qualified TO vote. The mere fact that man is
u RGst w rs. nHs Is sny yot h psse
he can vote there. While he meant to follow
Judge Barnard's decision in the eases Of three
had fallen under his observation that were
In conflict with the other decisions he
had H s ss make sec
cision. He was inclined to question the valid
ity Of this p@rticuias action. and said that the
to the leo Court OF Appeals. He regretted that It
had rot. He hoped thatthe present case would
go to that court. The Court then ordered that
where in the town of highlands should be
stricken from the rolls.
stricke from tho registry list Of the town OF
Canton. ST. Lawrence, county; this morning.
sitter
the law and facts in tho case although in his
decision Judge Herrick only considered side the
We're those OF students al the University Of St.
LaXrence and one Of them It apGe =. In tho no
n ssd soa 10
home. Nevertheless. Judge Hcrrick decided
that. as students. they had no power to ac-
H. based lis Opinion on section s !, OF "rtIce
z OF the State Constitution. which reads as fol-
lows:
deemed L, OF have ave- ss,Ssd OF lo. ls.a.nss
ss s e 6
navigation Of the wsssrs Q: thi. state. United
seminary q learning.
Counsellor Fiero. in opposing the granting
Of the order cited the eases Of the en;rlo ;s
after being appointed.fre1uently took UP their
residence IN that city and voted there. :,
aSa u. om Hss, a Mss S anss1n
brought before him he should be constrained
residence inn in New wy YORK s and yoio there.
For the ,purnose OF max ing It y matter OF
rsse Of M st. ltudsns S h
consent OF all parties appealed to the General
HAMILTON. v. Y. Nov. 4.--when tho canvass
OF this township was made by the Demo-
cratic County Committee before the regstra-
Sssa n saaonts Of
as voters. Lieut.-Gov. sheehnn teleRraphed
to the County Committee to prevent the regis
!sred. md now Mr.. shsshan has hHd 4 =.
d.Ss that sSssFss ., &. s.Sd:nss =. h
Justice Bradley Of II. suRrem: Court
Registration to appear before him at Corning
cause why the tiity-three names should not he
stricken from tho rolls. Tho APPLICATION was
based on the clause OF the Constitution which
says that for the purpose OF voting no person
shall gain or lose II residence while in attend
nnce at my seminary of learning. The order
was served ON tho Board last nj 2ht. md to-day
the Republicans are busy with half n'do2en
typewriter: and 10y Of lawyers taking the
af1idavits OF the filty-thrce students who. they
Say. nro all Republicans or Prohbitionists.
Government Employees Going Homo to Vote
WASHINGTON. Nov 4.-There was general
| clearing out OF Government employees from
tho Executive departments to-day for the far
Western States to vote at the approaching
election. and tomorrow several thousand
others will depart for points in the Eastern
States and In the South. 1t Is estimated that
5000 voters will leave or have left the District
OF Columbia to exercise the right OF suffrage.
Both OF the great political parties are active
here in sending voters home. and committees
are securing the city In search OF them. The
Democrats are very active as to New York