The record-union., 1892-10-29
HOMELESS VOTERS.
Inmates of Infrmaries Who May Vote
in Their Precincts.
Deputy Attorney-Generai I-agson Z.
plains the Status of Perma-
nent Patients.

Some days ago it was stated that in
mates of infirmaries were entitled to vote
in the precincts in which they resided be-
lore removal to the infirmaries. Deputy
Attorney-General Layson yesterday sub
mitted long opinion on this point, in
response to an inquiry made by James B.
Luddy of San Andreas, in which he says:
Mr.. james y. Lltddy, San 4 l1dreds, cal:
on inquire whether or not inmates OF
the county infirnary who have been
there from ten months to nine years, and
who have no other home nor place 10 go,
are entitled TO vote. As many inquiries
are at hand upon this point, Will state
my views fully. Subdivision D, Section
., County Government Act provides
that the Board OF Supervisors may pro
vide for the care and maintenance OF the
INDECENT sick or the otherwise dependent
poor OF the county; erect, ana MAINTAIN
hospitals and poorhouses therefor, or
otherwise provide for the same. . To
provide farm in connection with the
county hospital or poorhouse, and make
regulations for working the same" Sub
division 6, ID.
Section 4, Article III, Constitution,
provides: For the purpose of voting no
person shall be deemed TO have gained or
lost residence by reason of his presence
or absence while employed i'll the serv-
gagged in the navigation of the waters of
this State or OF the United States, or OF the
high seas; nor while a student at any
seminary of learning; nor while kept at
any almshouSe or other asylum at public
expense; nor while confined in any pub
lie prison.
Ii would serve no good purpose to cite
cases here. l have considered many; also
the official opinion of Hon. benjamin IL.
brewster, eN- nited States Attorney
General. and Judge Hoar.
This constitutional provision is not an
imperative inhibition. 1t does not pre-
clude person from acquiringa residence
If he is so disposed. 1t means simply
that in determining the fact of residence,
presence in such institution is not a con-
dition upon which the fact of residence
can be affirmed or denied. The policy Of
the law Is to guard and protect The right
OF franchise, not TO destroy 1t. Ills pres
ence in such a place snail not operate TO
destroy his political status. lie can
waive this right, however. he can elect
such place as his residence. Ii he was an
eiector or resident OF tine precinct wherein
the intirmary is located before entering,
he continues resident OF the precinct. If
he comes from another precinct, leaving
there a family, intending to return shortly
thereto. he does not acquire a new resi-
dence. The former precinct is his resi-
dence. That was exactly the question L
answered III my IOrlner OPINION on tnlS
subject.
II a person, having no place on earth
which he can call home, no place to go to
for repose or otherwise, and is put into
poorhouse for an indefinite period, he can
elect to call that his home. 1t is his resi-
dence and determines his political status.
There he is served with process. The
right of franchise is not denied, except
by certain methods distinctly pointed out.
IL IS the most sacred right conferred upon
the citizen of this Nation. The poorest
citizen possesses the right on the same
footing with the richest and most favored.
" hen by misfortune one is compelled to
enter the poorhouse, the policy of the
law is not to rob him of the last mark Of
a freeman and sovereign, but to protect
1t. TO say that because one must accept
public charity he thereby becomes dis
tranchised is TO state fact most foreign
TO the institutions OF the Nation and the
State.
The right to vote is the only means of
protection left to the beneficiary of public
welfare. Persons having the qualitica-
tiOns of electors are not prejudiced by
being inmates of the infirmary. If he
chooses to call such intirmary his home
his residence, and has no family in an
other precinct where he expects shortly
TO return, he is entitled to vote. | am
stating general case. l cannot pass on
individual cases. Intention in great
measure determines the status. That is a
matter to be determined by others. Very
respectfully yours, w. II. LAWSON,
First Deputy AttOrneV-(feneral