The herald., 1898-10-01
That "Infamous Suit"

brought-an Infamous suit to disfrancnise
the gallant old veterans" The suit re-
ferred to was brought under section llos
of the political code of California, which
says: ANY person may proceed by action
in the superior court to compel the clerk
to cancel any entry made on the great reg
lister Illegally" 1t Is clear that the suit
was authorized by law.
The object of the suit is to have the court
determine where inmates OF the Soldiers
home at Santa Monica, who are legally
authorized to vote, shall exercise that
right
1t is claimed by the plaintiff In the suit
that inmates Of the Soldiers home have
no right to register at the place where the
home Is located and vote there, so as to
have their votes determine local elections.
1t is not denied that men in the Soldiers
home have the right to return to the
places of their domiciies before they en-
tered the home. and vote there, precisely
as employees in the departments at Wash
ington can return to their respective states
and cast their ballots.
Now, If suit of this character fs "in-
famous" 1t must be either because 1t Is an
attempt to do something unlawful or that
l
Usually law and practice go hand in hand.
That is the theory at any rate. In this
particular instance 1t is manifest that they
do go hand In hand.
In the first place, what does the law say ?
The constitution Of the state requires q
man to reside in the state one year, In the
county three months and In the voting
precinct thirty days before the election at
which he may offer to cast his ballot. 1t
Is plain, that II n man does not reside with
in the state he Is not qualified voter.
Now, 1t has always been the law IN tms
country that when the government ac-
uuires a piece of land for military pur-
poses-and the Soldiers home Is of that
character-and the state cedes all juris-
dictton over the land to the national gov
ernment. the place is no longer In the
state, politically speaking. AS the supreme
court of Ohio said in case exactly similar:
BY becoming a resident inmate of the
asylum (Soldiers' home) a person.
though up to that time he may have
been a citizen and resident of Ohio.
ceases to be such; he is relieved from
any obligation to contribute to their
revenues, and Is subject to none OF the
burdens which she imposes upon her
citizens. He becomes subject to the
exclusive jurisdiction of another power,
as foreign to Ohio as are the states OF
Indiana or Kentucky, or the District
of Columbit.
The supreme court of the United states
in a recent case said:
When the title Is acquired by pur-
chase, by consent of the legislatures of
tha En1n irlri
exclusive of all state authority.
Chancellor Kent says:
1t follows, as a consequence of this
doctrine of the Federal courts. that
state courts cannot take cognizance of
any offense committed within such
ceded districts; and. on the other hand,
the inhabitants of such places cannot
exercise any civil or political privileges
under the laws Of the state, because
they are not bound by those laws.
Judge Story, in his commentaries on the
constitution. says:
Inhabitants of those places cease to
be inhabitants of the state, and can no
longer exercise any civil or political
rights under the laws of the state.
McCrary who was a Republican states
man of a high order, O cabinet minister, a
judge of the United States circuit court,
and author of a work of standard authority
on elections, says.
Where a state has ceded given tract
Of land to the United States for navy
yard, arsenal, or the like. and where
there Is no reservation Of jurisdiction
to the state other than the right to
serve criminal or civil process on such
lands, persons who remain on such
lands do not acquire any elective fran
chise as inhabitants Of the state.
The supreme court of Ohio decided that
men residing at Soldiers home in that
state could not vote a t state elections, and
the supreme court of South Dakota de-
cided that a man residing at Fort Meade
reservation did not reside within the state
and could not vote at a state election.
Other authorities to the same effect might
be cited
Now, Mr.. Gage is lawyer and ought to
know some law. How can he have the
suit intended to enforce the constitution
and the laws of the state and of the United
States?
More than this. The purpose of the suit
is highly patriotic and proper. This is Sc
do not pay any poll tax; they are not taxa
BILE on any personal property they may
have, and the grounds and buildings con.
stitutirg the home are free from taxa.
ton. The inmates of the home have no in
terest In the local government of Los An.
geles county; they are not supported by tho
county but by the whole country, and a
county in the state of Maine is the same tc
them as Los Angeles county Is. But to SCI
this matter at rest 1t is only necessary tC
give a few quotations from some of tn,
highest courts In the land, and we will Sc
lect courts in states that are Republican ir
politics. The supreme court Of Massachu
setts used this language on the subject:
An objection occurred In the minds of
the members Of the court, that II the
laws of the commonwealth have no
force within this territory (the terri
tory ceded} the inhabitants thereof
cannot exercise any civil or political
privileges, under the laws of Massachu-
sets, within the town of Springfield.
We are agreed that such consequence
necessarily follows; and we think that
no hardship Is thereby imposed upon
those inhabitants because they are not
interested in any election made within
the state. or held to pay any taxes i'm
posed by the authorities nor bound by
any Of it's laws.
The supreme court of Ohio says:
We are unanimously of the opinion
that such Is the law, and with 1t we
have no quarrel; for there is something
in Itself unreasonable that men should
be permitted to participate In the gov
ernment of a community, and in the