The comet. (Johnson City, Tenn.) 1884-1916, 1904-10-20

diers' Home reservation. 1t may be
conceded that this rule affects more re-
publioans than democrats, but if the
rule is sound it should be enforced re-
gardless Of party affiliations. The fact
that it affects more republicans makes
it worth the while of that party to test
the question by some proceeding that
would bring it before the supreme
court, Many democrats thought this
would be done after the August cleo
ton, but it seems that the complaining
parties rather choose to use the Incl
dent as an appeal to prejudice, and as
an inhammatory election canard, than
try the issue in the courts of reason
and justice,
That the democratic officials have
good republican authority for the po-
sition assumed by them is shown by
the following excerpt from an opinion
by the supreme court of Ohio, and it
will hardly be denied that Ohio is a
republican state:
"By becoming q resident inmate of
the Home, person, though up to that
time he may have been u citizen and
resident of Ohio, ceases to be such he
is relieved from any obligation to CON
tribute to her revenues, and is subject
to none of the burdens which she I'M
poses on 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 Columbia. The Con
stitution OF Ohio requires that electors
shall be residents of the state but I'M
der the provision of the Constitution of
the United States, and by consent and
act of cession of the legislature of this
state, the grounds and buildings of this
asylum have been detached and set off
from the state of Ohio and coded to
another government, and placed under
its exclusive jurisdiction for an indef-
mite period. We are unanimously of
the opinion that such is the law, and
with it we have no quarrel for there
is something in itself unreasonable
that men should be permitted to par
ticipate in the government of commu-
nifty, and in the imposition of charges
upon it, in whose interest they have no
stake, and from whose burdens and
obligations they are exempt" (Sinks
VS.. Reese, 10 Ohio, 306-2 Am. r. 1922.
Speaking of the proviso as to the
voting of the inmates of the Home, in
the Act ceding the reservation to the
Soldiers Home, in which language is
used similar to that in the Tennessee
Act ceding the land to the Home at
Johnson City, the court further said:
'It is unnecessary for us to consider
and determine their proper construc-
tion and meaning, for the reason that
it is not constitutionally competent for
the legislature to confer the election
franchise upon persons whose legal
status is fixed as non-residents of the
state.
1t is useless to multiply words or
this subject The above authority re-
lieves the democratic officials of any
charge of wanton disregard of the rights
of others, and many other authorities
could be cited to sustain them in thu
position taken. However, this is {
question which can only be finally set
tied by the supreme court of Tennessee
or by the supreme court of the United
States, if it can be taken to that court
and those who complain have within
their own hands the power to have thi
question fully tested. 1t is a pity tina
} elections can not be conducted in thi
country on higher and more honorabl
planes than those occupied by som
, would-be politicians.