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

70 t- % prevent thesr h-caallng de-
u~nsient upon either public CT private
charity. 1, Is he!d IN the Ses York
es.s that the Soldiers' home is an asy-
lum intended u provide. according TO
the language II that opinion. for their
support. and that that support u vel
be.:o~ed and vel deserving.
Nov. n appears from the testimony In
TINS case. as well as the application.
that Mr. Wood MAS received into this IN
s,itutlon because be MAS an hcnofahly
discharged soldier and Mas disabled 90
account u rheumatism; and according
Ia his testimony be had been in the hos
pital at Detroit temporarily on differ
-nt occasions v hen. from attacks II his
disorder. hich wAs heart disease and
rheumatism. he would be temporarily
disabled. According To his testimony
he AZ once or twice In the hospital
there and recovered sufficiently Ia 60
out and earn his o~n living again; when
he recovered sufficiently he went out
and earned his living lie says he came
here for treatment Now. II he should.
by the rules and regulations at this IN.
stitutiOn and the act itsef-if he should
become cured 81 his disease. or should
become 81 much improved that he
could earn his own living by'labor. he
would be subject Ia he discharged 10y the
management IL the home. Or II his
conditions In regard 10 his abilities 10
support himself IN any way should
change by reason ~ his inheriting any
property. or anything 81 the kind. he
should become able 10 support himself;
or II some relation should appear who
Was able a. take care IL him. and who
was. by law. chargeahle with his sup
port, be could then be discharged
Not a Legal Voter.
SO think il is clear that IL is impos-
sible To reconcile this provision 81 the
constitution with any claim that person
can establish within the Soldiers home
"A residence. Ii IA not created for the
purpose 81 permanent residence 10y the
inmates. but temporary use ~ long as
the conditions that surround them. and
upon which they are admitted. continue.
la the first place. those conditions must
exist 10 entitle them To their admission
there: in the second place. they must
continue in order Ia prevent their dis
charge involuntary on their part. 80
that | feel bound to hold that he was
not legal voter in the township OF
Grand Rapids, not a resident. but that
he Vas legal voter ut the place from
whence he came; il il was within the
city of Grand Rapids. AS all the witnesses
say he stated TO the board. then he
could have come down here To tho
proper ward. on the proper day and
registered. and on election day could
have come and voted. and there would
have been no power 10 prevent. II 1t
was in Detroit then he would be com-
PEELED 10 go there 10 vote.
The Law As IL Is.
1t may be said that many OF These
people have not means To go to the dill
terent parts u the state on election day
n order To exercise the privilege OF
voting. and that II is "A high privilege Of
which they ought not to be deprived:
that no American citizen, especially one
who has served IN the army. served his
country in the late war 81 the rebellion.
ought to be deprived OF the right to eX-
ercise the elective franchise; and that he
ought not Ia be received into an institu-
ton provided expressly for his support
ON condition that he he compelled to
lose that right Of suffrage. Ii should he
remembered that the law does not take
away that right. The law preserves it.
And IL would toe perfectly competent for
the legislature 10 provide transports
ton. IL il saw nit. 10 each 81 the inmates
u the home 10 GO 10 their former places
Of residence and there exercise the right
Ia vote. We take the law az il j. Courts
are bound 10y the law as il is. We do not
make the law. We cannot change It.
We might suggest and we might believe
that IL would be very proper thing for
the legislature 10 provide transportation
for these men. so they should not lose
their right 10 vote, IL they are unable TO
GO. But that is something with which
We have nothing To do.
Follows New York.
Now. in placing this construction
upon the question as To- whether he " az
entitled 10 vote follow the decision OF
the court of appeals In the state Of New
York which has been read and cited
upon the argument. and | do that for
this reason: feel as much bound by
that decision as though it were deci-
sion of the supreme court OF this state.
because the provision of the constitu-
tion II the state Of New York uron
which that decision rests has been in
corporated into the constitution Of this
state. word for word, letter for letter,
without any change whatever. aud our
supreme court have often said that
where we in this state incorporate into
our laws the law ~ another state. an
I older state, and the court OF last resort
/ III the Older state has put a construction
upon that law, our courts will follow
/ that construction. la adopting the law
We adopt the construction that il put
upon II by the older state: and the con
struction which they put upod this law
| upon that provision IL the constitution,
Is that the Soldiers home ia an asylum
and within that prohibition II the con
stitution. IL IL an asylum supported at
/ the public expense. and It's members are
+ within the mischief against which that
7 provision ~ the constitution IL aimed
VIZ. 10 prevent the participation IL "A
. large body ~ men who have no interest
/ IN local affairs. In the election IL local
+ officers where they are not concerned.
/ and thus controlling elections i'm which
they have no special interest. That IN
the purpose. the purpose IL the orig nal
constitution.
Now. | have stated my reasons thua
/ fully. gentlemen - tho Jury. because il
/ - n matter 10 considerable interest. "A
matter IN which every citizen takes AN
Z interest. a matter OF considerable ir ter
est 10 the township ~ Grand Rapids. II
Is a matter - considerable interest Ia
the inmates - the soldiers home. and I
deem II important that ! should explain
fully 10 you 81 that you might under
stand the reasons for the course take.
And 10 II Tor another reason that the
supreme court has sad that "A trial
Judge m directing verdict. whenever
~ assumes g. direct a Jury how 81 dc