The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1905-08-26
Soldiers Homes and the Old Soldiers
Right to Vote.

- NNNAAA0a ~ - NAf1N A@N1a9 VI AHl
twentieth judicial circuit to the effect
that the state constitution disqualifies
the inmates Of the soldiers homes Of
the state as voters, is especially inter.
esting to the people Of Lafayette
county, inasmuch as one of these
homes Is in this county, and the in
mates have always been allowed to
participate in the elections.
having given this matter consider
able attention, l hope it will not be
considered presumptuous in me to
offer the following in relation thereto.
l am convinced that the judgement
Of Judge Evans is wrong-that it is
one of first impression, which will
not bear the test OF judicial analysis
and the application Of the ordinary
rules Of statutory Interpretation.
The act OF the legislature declaring
the qualification Of voters exempts the
inmates of the soldiers homes, by
name from all disqualification, so
that, II they are at all disqualified 1t
is done by the constitutional provis-
ion with regard to the matter, which
is as follows:
Mo. Constitution, Article VIII,
Section s. mo person while kept at
any poOrhouse, or other asylum at
public expense, nor while confined in
any public prison, shall be entitled to
vote at any election under the laws
Of this state" :"
One Of the first general rules
for the Interpretation Of any law
in its application to any matter
is that 1t must appear that the
particular matter comes within
the class of subjects to which the
lawmakers intended it to apply. In
other words, it must come within the
intention Of the law; and this is re.
fquired TO appear more plainly when
the law operates to abridge the rights
OF the citizens.
At the time the constitution OF
Missouri was framed and adopted
there were no soldiers homes In the
state, and l cannot suppose, even,
that anyone will contend, as a matter
Of fact, that this provision wat
adopted in anticipation Of theil
future establishment.
The estimation In which the ole
soldiers on both sides Of the civil wal
we're held by all parties is sufficient
warrant for the assertion that there
could not have been found in thu
convention that framed that instru
ment a single member with tht
temerity to have proposed the lnser
tion Of soldiers homes by name In th,
section quoted, and II by any mean
such clause had found place there
IL would have insured the overwhelm
ing rejection, by the people,, Of tn,
whole instrument c0utIining so OBJ
noxious a proposition.
Think Of the state of Missouri say
ing to the Inmates Of st. Jane
Soldiers Home: ''You risked you
lives for your country, you have show
the most devoted patriotism, 70
have manifested the highest degre
of merit in citizenship, you we're you
countrYs stay In her hour Of peri
Now In acknowledgment Of her ia
debtedness to you, and as a partiS
reward for your inestimable service
she has provided this place Of refug
for you, that you may suffer no wan
in your old age; 6Hf, when you accep
this small payment on her great il
Indebtedness, you must surrender th
highest aud most precious privilege {
freeman. A grateful country whic
your devotion helped to save has erect
I ed this home for you; but, In orde
j to enter here you must renouDC
all right to participate in the directio
. Of her affairs, and, In this regard
I take your stand 10 company with th
inmates of the poorhouses and jails.
: What a mockery
But we are not left to these ger
eral sentiments for a demonstrate
Of the intention OF the law. Th
J technical rules Of judicial constructio
are as strong as the sentiment, an
! both are as strong as can be.
I There is a rule Of construction tia
z is Of universal application in sue
case wherever the English commo
law prevails, which, | scarcely need say
is the case in Missouri, called Lor
s Tenterden's rule, or the rule {