White Oaks eagle. (White Oaks, N.M.) 189?-190?, 1903-06-11

Judge Story in discussing the constitu-
ton wherein it authorizes congress to ex-
ercise exclusive legislative power over mil
itary 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 law of
the state 1t seems to be the well settled
doctrine that all political power and uris-
diction over military reservation not ex-
pressly retained by a state, are surrender
ed absolutely to the general government
by voluntary transfer of lands for the
exclusive use of the army; and consequent
ly person residing thereon acquires none
of the constitutional qualifications of an
elector
(McMahon VS.. Polk, 10 S. Oak. 2oo)
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 property, and in
mates of such asylum are within the exclu-
sive jurisdiction of government other
than that OF the state, within whose bound
aries such asylum or territory may be
situated; they are not residents of such
toto md 1oI
election held within or under the laws of
such state. (Sinks vs. Reese, 70 Ohio St.
600.
Since the state of New York has ceded
to the United States the territory compris-
ing the West Point reservation, reserving
nothing except the right to serve process
therein, such territory, has ceased to be
subject to state jurisdiction or to be part
otthe state, and persons having no other
qualification as residents than a residence
on such territory, are not residents of
the state and have no right to vote.
lin re- town of Highland 22 N. Y. Supp.
1877 to the same effect see Opinion of
judges AZ Mass. $780,
No distinction has been made as to,the
control and jurisdiction of the general gov
ernment between the military and Indian
reservations in New Mexico. The federal
courts. have exclusive jurisdictions on the
theory that such reservations are under
the absolute control of the general govern
ment. United Statets VS.. Monta New
Mexico, I73.) And a like jurisdiction
would doubtless obtain as to the military
and hospital reservations in question.
In the view Of the case, citizenship in
New Mexico could not be acquired by res
idence on a reservation exclusively under
the jurisdiction of the federal government
nor could person qualify himself as an
elector within the territory by residence
on such reservation.
The adoption of this view. however is
to the disposition OF this case
The case may be disposed of by Uniting
our inquiry to the status OF the patients at
the hospital, and as to whet her, or not
they become residents" within the mean
ing OF the statutes, for election purposes,
by simply becoming patients, at the hos
pital; and having no other status in the
precinct where they cast their votes than
that OF patients at the United States hos
pital, maintained at public expense, on a
military reservation exclusively under
federal jurisdiction and control
In some OF the states by constitutional
prov isions no person shall be deemed to
have gained or lost a residence for the
purpose OF voting, by his presence or
absence, while employed in the service of
the United States, or on the high seas or