The comet. (Johnson City, Tenn.) 1884-1916, 1906-11-08
THE SUPREME COURT
Continued from First Paeol

united states; and how does 1t Affect
their claim to exercise the elective fran
chise in Ohio, under its constitution
and laws? In passing on these ques-
tions, there is little need of speculative
reasoning; for they have been in effect
settled by repeated decisions of courts
of high and conclusive authority. By
becoming resident inmate of the asy-
lum, person, though up to that time
he may have been citizen and
resident of Ohio, ceases to be such; he
is released from any obligation to con-
tribute to their revenues, and is sub
ject to none of the burdens which she
imposes upon 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 provisions OF the constitution
of the United States, and by the con-
sent and act of cession OF the legisla-
ture Of this state, the grounds and
buildings of asylum have been detach-
ed and set off from the state of Ohio,
and coded to another government, and
placed under its exclusive jurisdiction
for an indefinite period. We are
unanimously of the opinion that such
is the law, and with it we have no quar-
rel for there is something in itself un-
reasonable that men should be permit.
ted to participate in the government OF
community, and in the imposition Of
charges upon it, in whose interests
they have no stake, and from whose
burdens and obligations they are ex
empt"
In Foley vs.. Shriver, 81 Va. STA, thu
Supreme Court of Appeals of Virginia
in speaking of the National Home nea1
Elizabeth City, in that state, said: ''Il
this case, the state legislature having
given the required consent, and thu
United States having purchased tn
land in question, the United State
have acquired, under the federal con
stitution, exclusive jurisdiction owe
the coded lands, and they are no long
er part of the State Of Virginia, ant
are not subject to the jurisdiction o
the state courts. Persons residing
there are not citizens of Virginia; th
property situated there is not subiec
to the control or disposal of any stat
court, and the circuit court of Eliza
beth City county, is without jurisdic
tion within the said territory" +
same effect see Mahon VS.. Polk, 90 S
D. 1867, AZ L. R. A. $50, 1877; McCrar.
on Elections, "A Ed section So; Pain
on Elections; section 10; Is Cyc. o
Law and Proc. 1914; 10 Enc. of Law
G Ed GOT.
By section of Article of our Con
stitution of 1870, it is provided as nee
essary qualifications for voting, tina
the voter shall be "male person o
the age of twenty-one years." that h
shall be "a citizen of the Unite'
States;" also the following: "and
resident of this state for twelve month";
and of the county wherein he may offe
his vote for six months next preceding
the day of election"
If, as we have held, and as CONTROL
ing authorities elsewhere hold, tn
United States has exclusive jurisdic
ton over the land on which the Sol
diers' Home in question was erected
then the residents in that Home ar
non-residents of the State of Tennes
see and cannot fall within the require
ments for the legal voters laid down b.
our constitution.
1t is insisted for defendants, that tn
principles above laid down do not az
ply in the present case, because it i
said that: "The National Home TO
Disabled Volunteer Soldiers" is cor
poration, and that conveyance to
would not be q conveyance to tn
United States, hence that the land i
question was not purchased by tn
United States. In support of this vie'
of the matter, we are referred to til
cases of In re Kelley, n Federal Re
porter 545, an opinion by distriC
Judge of the United States; and In r
O'Connor, 81 Wis. 379; 10 Am. Rer
765. A different view was taken in tn
case of Sinks vs.. Reese, supra, and tina
case was approved in Fort Leayen
worth Railroad Company vs.. Lowe
supra. And the same doctrine is az
proved in the later case of the State c
Ohio VS.. J. B. Thomas, 173 U. s. 27f
2S1. Moreover, the members of tn
board Of managers of the Home ar
merely officers of the United States
subject to control in every respect
They are together in their organize
capacity merely the hand of the gov
eminent in calculating the purpose
for which they were appointed. TIL
real and only party in interest in tn
making of the purchase was the gov
eminent of the United States.
Having stated the foregoing prin
ciples, as affecting the rights of per
sons who reside in the Home, it is no,
necessary that we should apply then
to certain particular classes of person
referred to, as set forth in a stipula
{ tion contained in the record in tn
present case.
This stipulation is in the following
! language:
Tin this cause it is agreed that of tn
inmates, employees and officers of til
Mountain Branch N. FL. d. V. s.
which is within the physical limits @
| 81 L "A.