The Farmington times and herald. (Farmington, St. Francois Co., Mo.) 1902-1905, 1905-07-28
SOLDIER INMATES
DENIED SUFFRAGE.
Judge Evans Rules That They Come
Under inhibition in Constitution
Against Occupants Of Asy,
lums at Public Expense,

Rolla, Mo, July lS.-The Cir.
cult Court of Phelps county rou-
vened in adjourned term to-day,
with Special Judge W W. Evans
presiding. The contested cases of
A. b. Hale tDem.) vs. William
Stimson Sr. (Rep.) for the office
of Collector and {. H. Matlock
(Dem. VS.. Frank SpradIlng (Rer)
for the Office of Assessor were
called for trial.
These cases call in question the
legality of votes of the inmates Of
the Federal soldiers Home at st.
James. The contestants also
charged fraud in the counting Of
the ballots at the last general cIcc,
ton.
The cases were first called for
trial before l.. B. Woodsidc of this
circuit. lie held that the inmates
of the soldiers home were qualified
voters. Judge Woodsidcatterward
was disqualified by the cuntesters
on account of his rulings on other
points of the case. Judge W. W.
Evans was then selected by agree.
ment to try the eases
OLD SOLDIERS VOTES.
When the eases were called for
trial before Judge Evans this after
noon, the attorneys for the rOntcS.
tees filed a demurrer to that part
of contestants notice OF contest
which alleged the inmates of the
Soldiers Home at st. James were
illegal voters under section 5 Of
article s of the Constitution, which
provides that no person while
kept in a poorhouse or other asy-
lum at public expense shall be al
lowed to vote at any election IN
this state. "
Judge Evans Overruled the de-
murrer and declared that such per.
sons came within the constitutional
inhibitisn and that their votes were
illegal, Notwithstanding the fact
that the Revised Statutes Of Mis-.
souri, excepted them from said con.
stitutional provision, holding that
it was not competent where the
Constitution prohibits any class
from voting for the Legislature to
except any of said class from the
provisions denying the class the
right of suffrage.
In other words, Judge Evans
held the exceptions as to Federal
Soldiers Home and Confederate
Soldiers Home in section 6994, Re-
vised Statutes 1899, to be in con.
hict with section s, article 5, of the
Constitution, and, therefore, void
in so far as it attempted to confer
the right of suffrage upon inmates
of these institutions.
TO PREVENT cLlQuEs.
Judge Evans in delivering his
opinion said: 1t was not the in
tention of the trainers of the Con.
stitution to humiliate the inmates
of eleemosynary institutions or to
class them as paupers, but for the
purpose of protecting the public
against an inclination that would
naturally grow mp in these institu'
tions to control the local affairs OF
the community in which they NIGH
be located y
The right to vote is not an IN
herent or an alienable right, III
said, but one that is confined o.
Withheld by the lawmaking power
of the State.
The Democratic contestants ar,
represented by Watson, Holmes
Hampton and j J Critics of Roll
and Judge 7. A Sherwood o
Springfield. The Republican con
testees are represented by ex-Sen
ator James b. Harrison of Roll
and Judge Charles Ii. Shubert o
Richland st. Louis Republic.