The comet. (Johnson City, Tenn.) 1884-1916, 1906-11-08

State OF tennessee on relation of Cy H.
Lyle and d. M. Quinn, citizens and
taxpayers of Washington county, and
John Fl. Caldwell, democratic congress.
sional nominee in the First Tennessee
district, against George W. Willett, j.
Il. Pierce and j. A. Vines, election
commissioners for Washington county,
and FL. @. Beasley, Jr., and s. P. Boil
ton election registrars for the second
ward or precinct of the ninth civil dis
trict of Washington county. The pur-
pose of the bill was to obtain a man
damus to compel the election commits
sioners and registrars of election to
erase from the registration books the
names Of about five hundred persons
alleged to be members of the Soldiers
Home near johnson City, in Washing
ton county. 1t is insisted that these
persons were not eligible as voters, and
that they were permitted to register
without authority of law. The chan
cellor awarded an alternative writ, and
on response made thereto by the de-
PENDANTS, declined to issue the peremp-
tory writ and dismissed the bill. From
this decree the complainants have ap-
pealed to this court, and have here as
signed errors.
Two questions are involved, fist
Whether the inmates of the Home are
legal voters; secondly, whether the
writ of mandamus is the proper rene.
dy, if wrong has been done.
AS to the first question: We adopt
the following summary of the contents
Of the Revised Statutes of the United
States upon the subject from the cause
Of Sinks vs.. Reese, 10 Ohio State, 3O6;
2 Am. Rep. 397, 800. The homo was
established under an inconformity to
the provisions Of the Act of Congress
of the United States of March 81, 1866,
entitled an Act to amend an Act, enti-
tied: "An Act to incorporate a Ma
tional Military and Naval Asylum for
the relief of totally disabled officers
and men of the volunteer forces of the
United States"
"The first three sections of the Act
provides for AN establishment for the
care and relief of disabled volunteers
of the United States army, to be known
by the name and style of the National
Asylum for Disabled Volunteer Sol
diers, with board of managers con-
sisting of the President of the United
States, Secretary of War, the Chief
Justice of the United States, for the
time being, together with nine others,
no two of whom shall be residents of
the same state, to be appointed by Joint
resolution of the two houses of con-
gress, to have perpetual succession,
with power TO take hold and convey
real and personal property. establish q
common seal, and to sue and be sued
in courts of law and equity, to make
, bylaws, rules and regulations for car
rying on the business and government
of the Asylum, and affix penalties
; thereto. The fourth section confers
power on the board of managers ia
procure sites, and to have necessary
I buildings erected thereon of sufficient
capacity to accommodate the persons
a provided for. The 6fth section appro.
PIRATES various forfeited and unclaimed
I funds in the treasury of the United
States to the support of the Asylum,
a and authorizes the acceptance of dona.
I tions for its benefit The ninth sec.
tion provides that all inmates OF the
Asylum shall be and they are hereby
!. made subject to the rules and articles
J.. Of war, and will be governed thereby,
in the same manner as if they were in
! the army of the United States And
q the thirteenth and last section pro
: vides that congress may at any time
I hereafter altar, amend or repeal this
act See Revised Statutes of the Unit
0 ed States, Sections 1925 to 4S87 inclu
e sive.
; This institution, it is perceived, was
created by Act of congress, to carry out
: special function and purpose of the
t government of the United States, the
relief and support of its disabled volun
teer soldiers, 1t was placed under Q
board appointed, and to be perpetualIy
appointed, by the government of the
United States, and to be maintained
: by funds from the treasury of the Unit
ed States government.
, A branch of the Soldiers Home,
. known as the Mountain Branch, was
established few years ago near John
: son City, in Washington county, this
J state, and suitable buildings were
erected therefor. The land was pur.
chased with money appropriated by the
: congress of the United States.
The provisions of the Federal con
stitution, authorizing the purchase Of
such place is found in Article /, Sec
tion s, Sub-Sec. II: The congress-
: shall have power to exercise
exclusive legislation in all cases what
soever, over such district (not exceed
ing ten miles square, as may, by ces
sion of particular states, and the &C
: ceptance of congress, become the sea
Of the government of the United State
and to exercise like authority over al
I nlRees nnrnhnsed hv the cnnsent of thl