The Monte Vista journal., 1897-11-06
THAT OPINION.

biootlllielu aS 10 tne rights OF the
old soldiers to participate III our
primary elections. The lawyer in
formed him they had no right to
attend primaries nor to vote at n
general election, unless bona fide
residents of the county aside from
being inmates of the home, or
words to that effect. Acting upon
MIR. Bloomtield's opinion, MIR.
Moody sent to Denver and secured
the opinion of J. Warner Mills, II.
L. Sales, and John II. Gabriel,
able and trustworthy lawyers of
that city, which is substantially
the same as that given by Lawyer
Bloomfield, and which reads rs
follows:
Denver, Colo, October 2s, 1897.
Mossrs, Woods, Widman and Stutsman,
judges OF Election Precinct No. II,
Rio Grande County, Colorado.
Gentlemen:-
Answering your inquiry received to-
day concerning the right ai inmates OF
the Soldiers & Sailors Home. to vote
at the general election 10 DO held on
Tuesday, November ., 1897, permit me
TO say:
Mills Annotated Statutes, Section 1913
is identical with article :. Sec. OF the
Constitution OF this state, and provides
that, For the purpose OF voting and
eligibility to office, no person shall be
deemed TO have gained residence 10y
reason of hIs presence. or lost il by rca.
son o. his absence. while in tho civil or
military service OF the State, or OF the
United States, nor whilo a student at
any institution of learning, nor while
kept at public expense in any poor house
or other asy lum, nor while confined in
public prison."
Upon due examination OF tho authori.
ties, it is my opinion that, under these
constitutional and statutory PROVISIONS.
an inmate OF the Soldiers & Sailors
Home, located st Monte Vista. in Rio
Grnnde County, Colorado, who wns not
at the time Of his admission into such
liomc, n bona tide resident Of the sand
Rio Grandc County, can not while IL
manning at the Home. gain such "a resi-.
dencc in the county OF Rio Grando as is
necessary under our statutes TO entitlc
him to vote at any election held Ia said
county.
In case involving this very point in q
state having a constitution that employs
the same phraseology ns in ours hboyc.
where nm inmate OF the Soldiers Home
m said state attempted 10 vote, the Su-
preme Court OF the State denied his
right, and in doing so used these words:
"llis presence there was elcemosyuary
In its character; he was there us a de-
pendent. because he had no means OF
support or relatives TO maintain HIM, and
liable TO be discharged whenever the
board Of trustees wero satisfied that ho
was OF sufficient ability or means to sup.
port himself. As TO the Home,
hc was n beneficiary and nothing else
As 10 the town in which tho Home was
situate, his residence was n bcnciiciary's
residence and no other. His relations
woro not with tho village bu, with tho
institution, which was situated within
its borders. His intention TO remain was
conditioned upon and limited to tho dur.
alton Of the charity which h. enjoyed.
His intention 10 remain IN tho town do
pended upon his expectation TO remain
at the Home. This gave no residence,
for he was thore only in the character Of
a beneficiary, for temporary purpose.
"llis only intention in going TO tho
town wns to be an inmate OF the Home.
and IL was only ms such inmate that his
rcsidcncy was 20 bc continued. llo was
not there M citizen changing his resi-.
dcncc, but as an objoc, of well bestowed
and deserving charity. II. could no,
gain n residence by being an inmate
which means nothing moro than his
presence In the Homo, and excluding
TINT thcrc Ia nothing In tho case Ia shos
that residence in tho town had been
acquired.
at follows that hc haB no, loat tho
rish, 10 yot. IN the plac. Of hi. legal res.
idcnce, Tor the provision Of the cons,itu.
ton In question also declares that hc
shall not los. his residence 10y r.nson o.
such presence in the institution Az
10 that city, he IL 10 be regarded ~ tom.
porarily absent, md his residence as n
citizen rtill thcrcln. ". hnv. no doub,
tina, the institution in question Is within
tho purvicw OF tho constitutional proys
ion nbovo referred to. !, ID an asylum sup
ported at tho public expense nnd IL,
mcmbcrs arc within tho mischief ngain.'
Which that provision In aimed. :
Tho provision Of tho constitution dis
qualities no one; coofcrs no right upon
nny one. II simply eliminates from
those circumstance. iLc fact oi pf,srnc,
In the institution named or iGcludct
within ia terms. II settles the law u,
10 the effect of such presence. md I'm g
which there has been n difference ol
opinion, and declares that II does no,
constitute n ts~t of n right TO vote. nm.
In not ~ bc no regarded. Tho p,raon u
fcring 10 vote must find tho tcllinit,