The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-11-06
The Election Law-Addltiona al and Inc
portant Decisions.

At this season OF the year the election
laws new and old give u good deal OF work
to the judicial officers Of this State.
On Thursday. in Brooklyn. Judge CrL-
LEN Of the Supreme Court rendered a de-
cision which we have already discussed.
directing that the names of the Democratic
electors for President and Vice-President
should be placed upon tho official ballot
containing the local nominations OF the
GLEASON faction Of the Democracy In Long
Island City. On Friday three important
decisions in election cases were mndo
by Supreme Court Justices In three
different parts OF the State Here in
this city. which constitutes the First
Judicial district. Judge INGRAHAM de-
cided that under the amendment to tho
election law which provides for three in
spectors of election instead Of four at each
polling place. majority Of the Board. that
is to say two inspectors. can act for the
Board in the absence Of the third inspector
or his refusal to participate In the proceed
ings. At Newburgh. in the Second judicial
district. Judge CHARLES F. BROWN, who has
recently returned to his duties in the
Supreme Court after nearly four years OF
service in the Second Division of the Court Of
Appeals. decided two very interesting ques-
tions, holding. first. that paupers dwelling
at an almshouse cannot obtain legal resi-
dence or domicile In the almshouse 30 as to
entitle them to vote in the district where
the almshouse Is situated; and. secondly.
that persons living upon the Government
reservation at West Point do not thereby
gain residence so as to become qualified
voters in Orange county. On the same day.
In Albany. In the Third Judicial district,
Mr.. Justice HERRICK ordered four names Of
students at the St. Lawrence University to
be stricken from the registry list OF tho
town Of Canton. Oh tho ground that under
the State Constitution no person can be
deemed to have gained a residence for the
purpose OF voting while student OF any
seminary Of learning.
The decision OF Mr.. Justice Brown In the
West Point case is OF more than usual In
tcrest, as it involves n question under the
Constitution Of the United States which is
likely to arise at any time In other parts
of the Union. The Federal Constitution
provides that Congress shall have tho
power to exercise exclusive legislation In
all cases whatsoever over such district. not
exceeding ten miles square, as may by the
Ccooloh VI puiliCuloi plutco duu LILO nc
ceptance Of Congress become the seat OF
government. land to exercise like author
ity over all places purchased by the con-
sent OF the Legislature of the State in
which the same shall DO. for tho
erection Of forts. magazines. arsenals.
dockyards, and other needful buildings"
In 1876 the Legislature of New York coded
to the United States certain lands in the
town Of Cornwall in the county Of Orange.
which now constitute the military reserva-
ton ut West Point, providing in the act OF
cession that the jurisdiction OF the Federal
Government should not prevent the execu-
ton OF any process. civil or criminal under
the authority Of this State. except 30 far as
such process might affect tho real or per.
sonal property Of the United States within
the tract coded.
The question which came before Judge
Brown. as we understand 1t. was whether
West Point could be considered part OF
the State OF New York in such q sense as to
enable person living there to gain resi-
dence in the State for the purpose OF voting.
All effort was made to raise the same ques-
tion at the October Special Term In New
burGh. which WAS held by Judge BARTLETT
OF Brooklyn. to whom an application was
made for a writ of mandamus to compel
certain town officers in tho town OF High
lands who had divided that township into