Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-05-07

of The Soldiers' home al Bath tscops a
voter IN Bath. COR did he lose hrs rght
10 vote IN the city Of Nes York. frone
xheaee he eaa4s la that case the soter
IA answer Ia the questions put 90 ham
a. Ia hls qualifications 10 vote. snsssred
that he resided IN the tosD ~ Bath. Tor
the reason that DO ~Ss admitted
a. en- fnaaats II the New York SS.-
diers' sad Sailors home In that town oy
the authorities thereof In the year l,cO
nt sas IN l,s6 that he offered 10 vote.
and that be had remained such inmate
from that time up to the present time
the time ~ hiso6ering to Sotels With the
intention at all times. he sad, u max
ing my residence IN said Institution 80
iuLg a. | shall he permitted a. remain
such inmate" and be further stated that
at the tune II his admission 10 said IN
siitution be was an honorably discharged
soldier Il the United States. and a resi-
dent and voter Il the city OF New York
Thea he says: Il therefore answer that
an a resident IL the town Il Bath. and
becoming an inmate u said institution.
intended "a change my residence from
the ciiy Il New York To the fifth elee
ton district u the said town of Bath.
Discretion OF Inspectors
Now. there Mas q declaration OF his
intention under oath. declaration of
the fact that be had changed his reel
dence. The court u appeals say that IT
was merely his own conclusion, these
statements were his conclusions, and the
defendants that Is the inspectorsl In
view II his whole statement. we're not
bound by them. they we're bound by the
facts, AMI we're required 10 say upon
these facts whether the plaintiff
Vas qualified in the necessar. partic-
uiar. and. undoubtedly. they we're 10 de
termIne the question al their peril
Then the constitution ~ quoted IN the
opinion 10 the court. The constitution
IN the section referred 10 specifies the
qualifications necessary Ia the elective
franchise. provides who shall have the
right Ia vote, aud one duly qualified
shall not be- deprived 81 that vote. The
constitution provides that for the pur
pose of voting no person shall be deemed
L. have gained or lost residence 10y
reason 81 his presence or absence while
employed IN the service 10 the United
States: nor while engaged in the naviga-
ti0n ~ the waters II this state. or Of the
United States. or ~ the high seas: nor
while "A student IL any seminary 81
learning, nor while kept al any aims
house or other asylums al public ex
pense. nor while confined IN any public
prison. and the decision ~ the inspec
tors 10 election was that IN their opin-
ION the intending voter was in Bath as a
mere inmate of the institution and Tor
Temporary purpose. and not as rest
dent - the voting district. ar with the
intent Ia make the town fixed or per
manent place 81 residence. and 50 II
would seem" His presence there, the
court say. was elecmosynary IN ITS
character; he was there as dependent.
because be had no means of support or
relatives to maintain him. and liable To
be- discharged whenever the board Of
trustees were satisfied that he was 81
sufficient ability or means Ia support
himself A Ia the home. he WAS "a
beneficiary. and nothing else. As. To
Bath his residence was a beneficiary =
reside nee. and no other. His relations
were not with the village. but with the
institution which was situated within
Us borders His intention In remain
Sas conditioned upon and limited 10 the
duration II the charity which he en-
enjoyed.
Residence Of Veterans.
His intention To remain In Bath de
pended upon his expectation Ia remain
AZ the home. This gave no residence.
FOR he was there only IN the character 81
beneficiary for a temporary purpose.
His only intention in going 10 Bath
was 10 be an inmate Of the home and IT
was only as such inmate that his resi-
dcucy was Ia be continued. lie was not
there a. "A citizen changing his residence.
hut as an object 81 well disposed and de
serving charity. He was. "a is clear
upon his statement. present in Bath. and
AT the Institution because he was there
kept AT public expense.
IL follows that he had not lost the
right IL vote in the place ~ his legal
residence New York for the provision
81 the constitution i'm question also de
ciares that he shall not lose his residence
by reason II such presence in the insti-
tuition. AS 10 that city he IL 10 be re-
garded as temporarily absent. and his
residence az citizen is still therein.
Then the court proceeds 10 speak in
regard Ia the character of the institu-
ton. We have no doubt that the in
siitutc IN question is within the purview
IL the constitutional provision above re
fcfred Ia; Il - an asylum supported at
public expense. and ia members are
within the mischief against which that
provision o. the constitution was aimed.
viz. the participation 81 an unconcerned
body 20 men IN the control. through the
ballot boy. - municipal affairs in whose
further conduct they had no interest,
and from the mismanagement al which.
10y the officers their ballot might elect.
they sustain no injury
Qualification. OF Inmates.
II would seem from that opinion that
there u hut very little difference in the
requirements Tor admission IN the Sol
diers homo AZ Bath than the require.
menis IL our own act. by tho very terms
- - our own soldiers home act. II is an
institution established at the public ex-
psnse. AN appropriation 81 sl@.-
10 made IN the FIRST instance for
IT, erection. aud further sum Tor
the maintenance - those who are quail
fe,i a. enter. even while m. building
was being constructed for their use. The
provision n regard 10 the qualification
= persons "a become inmates - section
II = the act. AMI II a. follows. "hll
honorshly discharged soldiers. sailors
and marines Who have served IN the
army or navy - tho United States m
the late var q the rebellion. and who
ara Disabled hy disease wounds or other
wise. ant who have no adequate means
= support and by reason ~ such dis
ability are incapable Il earning their
living and who would 20 otherwise de
pendent upon public or private charity.
-hall - entitled 30 30 admitted io said
bone. subject ~ the rules and reguia
tons that shall 10 adopted by tie i"ari
- managers o govern the Admission =