The Monte Vista journal., 1898-01-01
KANSAS DECISION.


This is an original proceeding in quo
warrante to determine the right Of the
defendant, ms against the plaintiff, to
hold the Office OF county clerk of Ford
county. The parties were opposing can.
didates for the office named at the gen
eral election in 1895. The defendant re-
ceived malorty Of the votes cost. and
thereafter qualified. and entered upon
the duties of the position. The facts
have been agreed upon, and from them
1t appears that, outside of the ballots
cast by certain inmates OF the State Sol
diers' Hose, located in the county, the
plaintiff received majority of the votes.
The right of the inmates of the home TO
participate in the election is the sole
question for decision.
a large majority Of the inmates who
voted were married men, residing. with
their families, upon the home lands; aud
it is agreed in the statement OF facts
that: "All said persons, both married
and single, at the time they moved from
various counties in Kansas, where they
resided previous to moving to the home,
abandoned their old homes with the in
tention upon their part OF making the
same their homes; and during the time
they resided therein they intended aud
claimed said house and quarters in said
State Soldiers Home to be their homes,
and while they resided in said houses
they had no other homes; and that they
were their fixed habI,ations, to which.
when they were absent, they intended
to, aud did, return" "For the
purpose of voting, no person shall be
deemed to have gained or lost II residence
by reason of his presence or absence
while employed in the United States, nor
while engaged in the navigation Of the
waters OF this state, or the United States.
or of the high seas. nor wlllo student
OF any seminary of learning, nor while
kept at any aims house or other asylum
Mt public expense, nor while confined m
any public prison.'-id. art. :, 50.
The agreed statement OF facts above
quoted shows that these inmates aban-
donsd their former places OF abode with
no intention OF returning thereto. and
took up their residence at the Snldiers'
Home with the intention 10 permanently
remain there; such OF them ns had gnmi.
lies removing them and their household
good and other personal belongings. We
npprehend that the fact that their right
TO remain is conditioned upon their ub.
servance OF the rules OF the institution.
and their ability to remain Likewise con.
ditioncd upon the continuance OF the
bounty thus far provided, cannot be TAX.
en- TO qualify their intention to remnin,
Permanency Of residence Ia always con
dltioned upon such contingencies as may
thereafter occur, and an intent OF tn.
most fixed character TO remain at a given
place is always held subject to both the
fortuitous and designed circumstances
OF the future. The first matter Of
Importance to determine If the character
OF the place IN question. Is it an asylum.
within the meaning OF the constitutional
provision quoted! Our judgment is that
such is the case. The supreme court OF
Michigan had under consideration the
precise question, and expressed its opin.
ion thereon IN the following language:
"The Soldiers Home Is purely eleemosy.
mary in character. To hold otherwise
would be contrary to sound legal prlnoi-
pie and good sense. The title To the net
shows il. II is not the character of the
beneiiciarics, nor the cause OF their in
ability TO earn living. nor the reason
for granting the bounty, which deter.
mines whether such an institution is
charitable IN character. An institution
established md maintained for the sup.
port OF the INDECENT persons who be.
come blind or deaf in tho service OF their
country or state il M much clccmosynary
M one established for the support OF
those who were born blind or deaf, or
who havc become so from other causes.
All institutions In this state, established
md maintained ni tho public expense
Tor the care, education and support of
the unfortunate, belong to this class OF
institutions, and nre included in the
term asylum used In the ubovc clause
OF the constitution. II ~ immaterinl
whether they arc called schools. retreats.
homes, or Hsylums. I, is equally i'm
material whHt the feeling IL which
prompts their erection aud maintenance"
We hnvc. therefore. no question but
that n home for the indigcn, Veterans o,
the wnrs, such IN the one established In
tins state, is nn asylum" M tha, word
In used In the constitution.
II will be observed that tho provision
quoted docs not disfranchisc those In.
mates. No moro shall they bc deemed
10 have lost their former rcs,donco than
ihcv shall bc deemed 10 have gained u
new one while kept at tho asylum. 40
matter how settled their determination
10 abandon their former places ot rest.
dcnc". nor how protractcd their ntsy ~
their now home, Ito constitution pre-.
serves 10 them their electoral privileges
In the event of their return. Whothor
that return bc Tor tho purpose Of rcium.
ing the old babIin,ion. or Tor the purpose
merely Of cns,in. ballot, the right to
vote. throughout oil tho time OF sbscnc..
IA fully retained. II In no sufficient ma.