The herald., 1898-10-25

serve civil and criminal process, az in section
"a of the political code, means merely that
/ the Federal reservations shall not be ar
asylum for fugitives from justice.
In any event, the supreme court of thu
United States has decided that such res
ervation does not invalidate a cession ol
jurisdiction by state to the United States
case of the Fort Leavenworth Railroad Co
vs. Lowe, ia U. S., 525.
! The United States supreme court is thu
of record in direct opposition to the posi-
| tions relied upon by our county court. The
county court also holds that section "a o.
! the political code and the other acts of ces
sion of jurisdiction are unconstitutional be
cause they are 'irrepealable legislation
These acts are repealable by the legislature
The power of the legislature to amend OIL
repeal any of its acts is too clear to war
rant discussion. In no case can contract
valid under legislative act be invalidated
| by the repeal of the act after the contract
has been entered into. This is true of all
legislative acts and of all lawful contracts
| regret that a fuller examination of the
decision of the county court is not appro-
pirate to daily newspaper. The patriotic
peroration which concludes the decision is
interesting, but unusual. 1t has absolutely
nothing to do with the case. The learned
, Judge tucTelI uculCs tIldt tIc NcIcldIls hcpt
at public expense at the home are paupers.
The word pauper has been used in relation
to the Soldiers home occupants by the gen
tlcmen interested in retaining the abuse of
massed institutional voting and by them
alone.
A Republican district attorney has given
an opinion to Republican assessor that the
poll tax should not be collected from occu-
pants of the home, except where these
owned property elsewhere, on the ground
that they We're paupers | have not made
use OF any such statement nor has my attor-
ney, nor is it anywhere a question raised
by me. The learned judge inadvertently
knocks down man of straw of his own
setting up.
There has been amongst the patriotic
politicians who desire to see this home vote
counted in mass in the institution instead of
individually in the lawful precincts, an itera-
ton and reiteration of the opinion that the
state constitution prohibits paupers from
voting. There is no such prohibition. A
pauper has a right to vote under our con-
sttution.
What the constitution does seek to do in
section 4, article ., is to prevent the con-
stralnt of communities and the control of
these as to officers, debts or taxes by those
not an integral and interested part of the
community. 1t defines clearly who are
considered to be in no just or righteous po-
sition to dictate to the community where
they may happen to be located Students
at university are cassed in this matter
with those occupying institutions kept at
the public expense. The army, the navy
and sailors generally are also so classed,
The question of whether the army is rich or
poor is not the point aimed at in the const-
tuition. The question of whether student
is rich or poor, supported by himself or by
an endowment. is not material. The ques-
ton whether the occupants of the Soldiers
home, while kept at public expense, are
men of property las many of them are) or
not. is not material. The point is that these
persons while massed in an institution or
niassed IN an army are not in position to
control the community where they NAV
happen to be located. The constitution
says that under such conditions Justice de-
mands that men must vote in the precinct
from which they came and not as an army
or as an institution.
The constitution on this point is per-
Iectly clear
The right and justice of the law are per
fectly clear.
Section 4, article 2, is just and necessary
safeguard to free government.
Without it and without the common law
the constitution here formulates
an army could be so stationed as to carry
every doubtful state or precinct in this
Free government would end in a military
dictator
The constitution, the law, the Justice of
the case, are all plain enough.
There are none so blind as those who
will not 600