Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1903-06-04

| ticular public use; 1t is under absolute
4 control of the government of the Unit
ed States; it is not open for settlement
and all persons entering thereon with
out federal authority are trespassers;
it cannot be taxed by the territory;
and it is subject to the exclusive jur-
isdiction of the federal courts.
In this view persons residing on this
reservation would be as foreign to New
Mexico for election purposes or citizen
ship therein, as though they resided in
Texas or Arizona. The reservation
would be foreign to, and no part of
the territory of New Mexico for pur-
poses of government.
| Judge Story in discussing the consti-
tuition wherein it authorizes congress
to exercise exclusive legislative power
over military reservations says: "The
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" 1t
|
that all political power and jurisdic-
| ton over a military reservation not
expressly retained by a state, are sur
rendered absolutely to the general gov
ernment by voluntary transfer of
lands for the exclusive use of the ar
my and consequently person resid-
ing thereon acquires none of the con-
stitutional qualifications Of an elector.
| (McMahon VS.. Polk, 10 S. Oak. 1861
When territory for the erection of an
asylum for disabled volunteer soldiers
is purchased by the United States with
the consent of the legislature of the
state in which the same is located, the
general government is invested with
exclusive jurisdiction over such prop
erty, and the inmates of such asylum
are within the exclusive jurisdiction of
government other than that of the
state, within whose boundaries such
asylum or territory may be situated;
they are not residents Of such state
and are not entitled to vote at any
election held within or under the laws
of such state. (Sinks VS.. Reese, 19
Ohio ST. 306)
Since the state of New York has ce-
ded to the United States the territory
comprising the West Point reservation,
reserving nothing except the right to
serve process therein, such territory
has ceased to be subject to state jur-
isdiction, or to be part of the state,
and persons having no other qualifica-
tions as residents than residence on
such territory, are not residents of the
state and have no right to vote. Qn re.
town of Highland % N. Y. Supp. 1870
to the same effect see Opinion Of jud-
ges AZ Mass. 580.)
No distinction has been made as to
the control and jurisdiction of the gen.
eral government between the military
and Indian reservations in New Mexico.
The federal courts have exclusive jur-
isdiction in all cases Of homicide on
the Indian reservations on the theory
that such reservations are under the
absolute control Of the general govern
ment. UNITED States vs. Monte, New
Mexico, 173). And like Jurisdiction
would doubtless obtain as to the mill
tary and hospital reservations in ques-
ton.
! In this view of the case, citizenship
| in New Mexico could not be acquired
by residence on reservation exclu-
sively under the jurisdiction of the
federal government, nor could person
qualify himself as an elector within
the territory by residence on such res
ervation.
The adoption Of this view, however,
Is unnecessary to the disposition OF
this case. The case may be disposed
of by limiting our inquiry to the status
of the patients at the hospital, and, as
! to whether, or not they became resi-
dents" within the meaning of the stat
utes, for election purposes, by simply
becoming patients. at the hospital; and
having no other status in the precinct
where they cast their votes than tnat
Of patients at United States hospital
maintained at public expense, on q
military reservation exclusively under
federal Jurisdiction and control.
In some of the states by constitu'
tional provisions " no person shall DC
deemed to have gained or lost a resi-
dence for the purpose Of voting, by his
presence or absence, while employed II
the service of the United States, or or
the high seas, or while student al
any seminary of learning, nor while
kept at any aims house or other asy'
lum at public expense; nor while con
fined in any public prison." This pro
vision of the various state constitu
; tions has been held. (StewArt vs.. Key
E ser, 105 Cal. 45s) to be declaratory Q
) the common law, which sis in full foro
in this territory.
I Inmates OF soldiers home admitte
G from other localities are not entitled t
. vote at the precinct in which the hom
: lis located. (wolcott vs.. Holcomb.