The herald., 1898-09-02
OVER TWO THOUSAND
VOTERS INVOLVED IN A SUIT
BROUGHT By ABBOT KINNEY
INMATES OF SOLDIERS HOME
Have No Right to Vote in This County
Il the Plaintiffs Claim-An
= Important Test Case

d. Pope, will today file the complaint In
: case which Is intended to test the suffrage
rights Of all inmates of the Santa Monica
soldiers home. The question of theiI
right to vote In this county has long beer
contested one and has never yet been sub.
mitted to the courts. The action not only
involves the suffrage rights Of over two
1 thousand veterans. but, should u be de-
cided In favor Of the plaintiff. would un'
doubtedly swing the county from the Re.
publican to the Democratic ranks.
The following is a copy Of the complaint;
IN THE SUPERIOR COURT OF THE
County of Los Angeles. California.
Abbot Kinney, plaintiff. VS.. Thomas E.
Newlin, county clerk Los Angeles coun-
ty, Theodore Denmire, Charles F. Groff
william ]. Ladd, u. L. DE Haven and
George M. D. Shingle, defendants.
Complaint:
The plaintiff above named. for cause OF
action against the defendants, alleges:
That plaintiff is a citizen Of the state OF
California, and a resident, a taxpayer, and
registered voter in Los Angeles county.
II.
That defendant, Thomas e. Newlin, Is
the duly elected. qualified and acting coun-
ty clerk Of said county.
III.
That In the great register Of said county
or Los Angeles there are represented five
precincts. called respectively, National pre-
cinct No. !, National precinct No. 2. Ma
tlonal precinct No. 3, National precinct No.
Z. and National precinct No. 8, all Of which
precincts are represented in said great reg
lister to be In Supervisorial district No. 4,
IN Assembly district N. 20. and in Senate
rial district No. 50; that all the registered
voters IN said five precincts are repre-
scented In said great register as residing at
Soldiers' home" which Is home for dis
abled volunteer soldiers. and Is located
near the town Of Santa Monica, In said
county: and that all Of said registered
voters In said five precincts are. as plaintiff
!. INFORMED and believes. inmates Of the
said Soldiers home and are being kept In
said home at public expense.
That In the list of persons who are regis
tered voters In said FIVE precincts, as shown
IN said great register. are the names of de-
PENDANTS, Theodore Denmire, who is reg
istered as in National precinct No. i:
Charles F. Groff. who is registered as in Ma.
aonal precinct No. 2; Edward L. De Haven,
who Is registered as in National precinct
, No. 3; William J. Ladd, who is registered
as In National precinct No. 4, and George
NJ d. Shingle who is registered as in Ma
tional precinct No. s. and that all Of said
oeIendants are inmates Of said Soldiers
nome, and are being supported In said home
az pubic expense. And plaintiff further
alleges that there are a larg. number of
other persons in each Of said Ave prec; nets
who are represented in said grea. register
as legal voters. aggrega ting 17O5 persons
an OF whom are also. as pl1intlff Is IN.
FORMED and believes, inmates of said Sol
diers' home, and being there supported at
public expense.
".
That the said Soldiers home consists OF
a number Of buildings located upon land,
the title to which was, before the erection
OF said buildings. conveyed to the Nation
al Home for Disabled Volunteer Soldiers"
which had been created and organized un-
der the statutes of the United States for the
purpose Of acquiring and holding property
as sites for homes for disabled volunteer
soldiers: that said buildings wera con-
structed under and by virtuc Of the au-
thority Of the United States, and were paid
Tor with moneys drawn from the United
States treasury; that the persons In charge
OF said home and exercising control thereof
are In the employ of the United States;
that all the expenses of said home
ury: and that the inmates of the
said home are subject to the rules and
articles Of war, and under the same mill
tary government as II they were in the
army Of the United States.
VI.
Plaintiff further alleges, on Information
whose names appear upon the great regis
ter Of Los Angeles county, and who are
now being kept at the said Soldiers home
at public expense, were residents Of the
precincts In which they are registered as
qualified voters until they went to the said
Soldiers home, for the purpose of being
admitted as inmates thereof; that prior to
the time when they respectively went to
said home to be admitted and kept as in.
mates therein. all of said persons had their
domiciles either at other precincts in the
state Of California or at places entirely
without the said state; that none Of said
persons would have removed from the
places where they had their respective
residences to said Soldiers home except
for the reason that they wished to become
inmates Of the said home; that all of said
persons went to said home and took up
their abodes therein, and became inmates
thereof solely for the reason that they de-
sired to be supported there at public ex-
pense; and that each and every one Of
them removed to said home and became In
mates thereof with the intention Of resid-
Ing there only for such time as they should
be kept and maintained at public expense
In said home.
Plaintiff further alleges, on information
and belief, that jurisdiction over the land
wehereon the said Soldiers home Is located,
and where the inmates thereof are now
Delng kept at pubic expense, was, when
said land was conveyed as aforesaid and
before any Of the said persons had become
inmates Of said home, ceded by the state
of California to the government Of the
United States, and the national government
now has, and ever since the said land was SO
conveyed, has had exclusive Jurisdiction
and control over the said land and build
ings thereon, and over all persons kept at
said home, except only that the state Of
California reserved the right to issue, serve
and execute civil and criminal process
thereon in the same mode and manner and
by the same officers as II such Jurisdiction
had not been ceded to the government
Of the United States.
VIII
Plaintiff further alleges that by reason
OF the facts aforesaid. none Of the said in
mates of the said Soldiers home whose
names are here!nbefore given, have ever
acquired any residence within the precincts
where they are respectively registered by
which they could or did become qualified to
vote at any Of the said precincts or by
which they ever were or are now entitled
to have their names entered In the great
register Of Los Angeles county as voters
IN any OF said precincts; and that all of said
names are Illegally upon said great register,
Wherefore, plaintiff prays that all Of the
SAID names be Cancelled and removed from
the great register of Los Angeles county.
and for all other proper relief. with costs
OF suit. JOHN b. POPE.
Attorney for Plaintiff.