The herald., 1898-08-02

The constitutions Of many states deal
With the voting of those In the Federal EN-
ploy, and with those kept in asylums
homes, etc., at public expense, and also
with those In Institutions Of learning.
The constitution Of California first sets
NJ the qualifications Of an elector and de
limits the time required to gain politica
residence. It then uses the following limit
ing language:
Art. II. Sec. g. For the purpose OF
voting no person shall be deemed to
have gained or lost residence by rea-
son of his presence or absence while in
the service of the United States, nor
while engaged in the navigation OF the
J waters OF this state or Of the United
States or Of the high seas; nor while
!, q student of any seminary of learning;
nor while kept at any almshouse or other
asylum at public expense; nor while
confined In any public prison.
This Is clearly intended to be limitation
an through as to political residence. There
would be no reason for It unless residence,
otherwise sufficient, was deemed to be pos
pible under conditions that would make
political action unjust and dangerous. The
last clause, inhibiting q voting residence,
viz, "or while committed to a public pris-
On" puts this constitutional section be-
You'd dispute as q limitation OF political
residence. Soldiers, sailors, students in
colleges, persons in almshouses or homes
kept at public expense can not gain po-
Ntical residence while under such condi-
ton.
A mass Of students, as at Stanford, could
control the town of Palo Alto. even though
all the other voters opposed them. The
students could elect officers and fix every
tax. This would be manifestly unjust. A
large body of non-producers Of any kind.
saying no part Of the public burdens and
massed solely because Of their occupation
of an institution, can not justly control the
government and taxes of such locality.
They can not control the Institution itself
much less the community at large.
Thus various kinds of institutions give
no Just political residence to their inmates.
While the kinds are different, as poor
house, a soldiers home, university or a
prison. the principle upon which the polit-
Teal residence is refused Is clearly a just
one. 1t is not only in the interest of the
community but of the institution as well.
The inmates of any Institution like the SOL
dieY In q camp or garrison are un-
der certain definite discipline. They are
not in q position to fairly dictate the bur-
dens OF the community that supports them,
nor are they free from control that poll
ticians could improperly Influence. A poor
house or university, a soldiers home or
Z prison, would surely be injured by polit-
ical use by politicians. No body of citizens
would want such an institution located
amongst them, because their control Of
3ono otreo ,,d toy ha ta1 U fr0p
them and placed in the institution.
San Francisco has an average Of 1000 per-
sons in its poorhouse. That city can pur-
chase land outside its limits for its poor
house. Suppose that the suggestion that
the city poorhouse be located at Sausalito
were adopted. Then. II the inmates were
allowed to vote, the two or three hundred
voters of that precinct would have no more
to say about its local affairs. local officers
and local taxes than the school district Of
Barrett Villa has in the Santa Monica Sol
diers' Home district. The San Francisco
poorhouse would control the entire govern
ment of Sausallto.
The courts of this state have thus far
decided that the section Of the constitution
limiting the political residence Of citizens
h to be construed in Pickwicklan sense.
In the case reported in los Cal, pg. 49, the
present supreme court admitted occupants
of the Institutions named In the section to
vote, except the public prison. This last.
however, was not sought to be voted by
the politicians. Had the needs of the poll
ticians required the prison vote, 1t, too,
would doubtless have been counted. While
such action would have violated another
provision of the constitution as to those
convicted of infamous crimes, it Is as easy
to violate two provisions of constitution
as one. If court can see the constitution
only through partisan political glasses, we
must expect partisan political decisions.
&c. IL a party man can be seated only by
counting votes constitutionally illegal, the
party man must be seated; and, as for the
law-so much the worse for it. Our state
court Is alone In this notification of the
constitution.
In case preceding this Budd VS.. Hol-
den, % CALI Judge Sanderson decided that
a1man while in the service of the United
States could lose or relinquish his political
residence and could gain another, and that
the constitution-"for the purpose of vot-
ing, no person shall be deemed to have
gained or lost a residence by reason of his
presence or absence while in the service of
the United States"-meant nothing. The
law says that the soldiers absence can not
lose him his political residence and that
his presence can not gain such residence
The court says he can both lose and gain
Z residence while in the service.
1t is clear that this clause was to protect
both community against political control
by publicly supported institutions or paid
armies and to protect the military man
against the loss Of his political residence
IN the place where he had 1t when entering
the service.
The Dakota constitution, in a similar
section, specifically prohibits Federal SOL
diers from gaining a political residence in
that state while in the service. This is an
visions are sought to do. The Sanderson
decision was in very close election case
over judgeship in Humboldt county. The
decision admits the Federal soldier to vote
with any other Federal employee.
1t follows from this that the political
status of a citizen while in the Federal,
civil or military service Is left to his own
decision. A Federal employe. if anything,
is placed in a superior political position to
the ordinary citizen. Such employee may
Fetain his political status in the place where
be had this when appointed, or he may ac-
Quire political residence in the place
where he is serving. Legally, however, the
Federal employee does not lose his political
residence while absent in the service. The