THE CORDOVA DAILY TIMES
Entered at the Postofflce at Cordova,
Alaska, as second-class matter.
H. G. STEEL
EDITOR AND PROPRIETOR
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THURSDAY, AUGUST 28, 1919
VIEWS OF A LAWYER
The discussion relative to the right
of enlisted men and officers of the
United States army to exercise the
franchise, which is the main point at
issue in the pending Wickersham
Grigsby contested election case, is
one in which all Alaskans, irrespec
tive of party affiliations, are interest
ed. Being thrown in close contact
with the signal corps men, they are
anxious to know the reason, if reason
there be, why they are discriminated
against in the matter of the ballot.
The following letter from a well
known lawyer throws new light on
the controversy, and is worthy of seri
ous consideration.
Cordova, Alaska, Aug. 27, 1919.
To the Editor of the Cordova Daily
Times:
1 beg leave to briefly reply to an
article that appeared in the columns
of your paper under date of August
21, contributed by Mr. E. E. Ritchie,
the supject being “Why Should Not
.Signal Corns Men Vote?”
In this article Mr. Ritchie states
in substance that the law prohibits
signal corps men in the service of
the United States army from voting
at a general election in Alaska. I
wish to absolutely and uncondition
ally contradict Mr. Ritchie as to this
statement and T challenge him or any
other person to cite a single statute
or law passed by the United States
congress or the Alaska legislature
that prohibits the signal corps men in
the United States army from voting
in Alaska at any general or special
election where they possess the quali- :
fications of an elector, namely, a citi-j
zen of the United States over the age
of twenty-one years; having lived or
resided in the territory of Alaska for
one year, and in the precinct where
they offer to vote thirty days, imme
diately preceding the election.
There are just three enactments
bearing on this question.
First.—Section 1859 of the Re
vised Statutes of the United States
fixes the qualifications of electors at
the first election in any organized ter
riory of the United States. Section
1860 provides:
“At all subsequent elections
.of voters . . , shall be
such as may be prescribed by the
legislative assembly of each ter
ritory; subject, nevertheless, to
the following restrictions on the
power of the legislative assembly,
namely:
Third.—No officer, soldier, sea
man, mariner, or other person in
the army or navy, or attached to
troops in the service of the Unit
ed States^ shall be allowed to
vote in any territory by reason
of being on service therein unless
such territory is, and has been
for the period of six months, his
permanent domicile.”
Second.—The act of congress pro
viding for the election of delegate to
congress, passed May 7, 1906, pro
vides for the qualifications of voters,
found in Section 394 of the Compiled
Laws of Alaska, as follows;
“All male citizens of the
States twenty-one years of age
and over who are actual and bona
fide residents of Alaska, and who
have been such residents con
tinuously during the entire year
immediately preceding the elec
tion, and who have been such res
idents continuously for thirty
days next preceding the election
in the precinct in which they
vote, shall be qualified to vote for
the election of a delegate from
Alaska.”
Third—The Alaska legislature, in
Chapter 25, Section 22 of the Ses
s-ion Laws of the year 1915, provided
the qualifications of a voter as fol
lows :
“Any person of the age of
twenty-one years or more who is
a citizen of the United States,
who has lived in the territory of
Alaska one year and in the judi
cial division in which he or she
offers to cast his or her vote
thirty days immediately preced
ing such election, shall be en
titled to vote at all elections held
therein.”
In applying these laws to the ques
tion under consideration it "becomes
necessary to ascertain the legal defi
nition of the words “domicile,” “res
idents,” and “lived.”
“Domicile.”
The domicile of a married man
is the place of his family’s habit
ual dwelling, although he may
be conducting business else
where. Chaine vs. Wilson (N.
Y.), 1 How. Prac. 552.
A man may acquire a domicile
if he be personally present in a
place; one who dwells, abides, or
even if he never designs to re
main there always, but designs
at the end of some short time to
remove and acquire another.
Brittenham vs. Robinson, 48 N.
E. 616.
Bodily residence in a place
coupled with an intention to
make such a place a home would
establish a domicile or residence.
Sanders vs. Getchell 49 Am.
Rep. 606.
“Residents”
“Resident” is defined in Bur
rill’s law dictionary to be one
who has a seat or settlement in a
place; one who dwells, abides, or
lives in a place; an inhabitant;
one who resides or dwells in a
place for some time.
Worcester defines “Resident”
thus: Dwelling; having abode in
any place; living; inhabiting;
abiding; residing.
The word “resident” is the op
posite of the word “transient.”
The former describes a person at
rest in a town, while the latter
describes him in his passage
through or across it. Town of
New Haven vs. Town of Middle
bury, 63 Vt. 399.
“Lived”
The words “to live,” “to re
side,” “to dwell,” “to have one's
home or domicile,” are usually in
our statutes equivalent and con
vertible terms. . . . Allgood
vs. Williams 92 Ala. 551.
The signal corps men who voted at
the last election have been domi
ciled. resided, and lived in Alaska
for several years previous to the last
election. Most of them are married
men, living with their families in
Alaska, and a number owning their
own homes; most of them paying
taxes and all have declared their in
tention of making Alaska their home.
Applying to these facts the forego
ing quoted law read in connection
with the legal definitions of the con
trolling words, it does not seem to
me that there can be thqfc slightest,
doubt as to these men being legal
voters.
There can he no question as to
the right of enlisted men in the Unit
ed States army who enlisted outside
of Alaska to change their residence
to Alaska if they so desire.
“Although residence cannot he
gained or loo-, by reason of the
person’s presence or absence,
while employed in the service f>f
the United States, yet one so em
ployed may change his resi
dence.” Darragh vs. Bird 3 Or.
229.
“All persons residing on a gov
ernment reservation in a terri
tory which has not been admitted
into the sisterhood of states may,
if otherwise qualified, vote at the
place where they are stationed.”
15 Cyc. 295.
T. J. DONOHUE.
No Profiteering in Anchorage
A committee on profiteering in
Anchorage is about as necessary as
the appointment of a committee to
oversee the ice crop on the great
Sahara desert.—Anchorage Times.
PERSHING TO BE GIVEN
RANK OF GENERAL
WASHINGTON, Aug. 28 (by Asso
ciated Press).—-The house of repre
' sentatives has passed the bill au
thorizing the President to appoint
General Pershing to the permanent
rank of general.
-—
POISONED COFFEE RESULTS
IN ILLNESS TO THIRTY
--•
CHICAGO, Aug. 28 (by Associated
Press).—Thirty persons have been
poisoned in a down-town lunch room
from arsenic put in the coffee, be
lieved to have been done by someone
with malicious intent.
iirau—————■gy^—MBa—Bw—wwofa——i"'w^n a u— urn i
CATHOLICS OF PERU
ARE WARNED AGAINST
FORMING Y. M. C. A.
LIMA, Peru, Aug. 28 (by Associated
Press).—Monsignor Emilio Lisson,
archbishop of Lima, has published a
warning to Catholics against parti
cipating in tliQ. movement to estab
lish a Young Men’s Christian Asso
ciation branch here. He said such
action might incur general ecclesias
tical censure.
BOLSHEVIKI OPEN NEGOTIATION
COPENHAGEN, Aug. 28 (by Asso
ciated Press).—Lenine, the Russian
Bolsheviki premier, is endeavoring to
negotiate peace with Rumania.
NATIONAL CANNERS
INVESTIGATING METHODS
More than seventy Alaska can
neries, working through the National
Canners’ Association, have begun a
thorough investigation of the meth
ods used in canning salmon in the
Juneau district. It is believed that
the inspection will result in dis
couraging improper methods of can
ning which recently brought about
condemnation of large salmon ship
ments to Puget Sound.
CAPTURED SUBMARINE
MAY HAVE BEEN LOST
LOS ANGELES, Aug. 28 (by Asso
ciated Press).—Fears are expressed
for the safety of the captured Ger
man submarine U-88, which left Pan
ama August 6, en route to this port.
Efforts to reach the submarine by
wireless have been fruitless.
" y inmmnuuni ■— '■ .. '■<
“MODEST” EXPENSES OF
AMERICAN MEMBERS
OF PEACE CONFERENCE
. »■ --
WASHINGTON, Aug. 28 (by Asso
ciated Press).—President Wilson to
day submitted to congress a request
for an additional appropriation of
$825,000 to defray the expenses of
the American commissioners at the
peace conference. He said that by
the end of the year the total expenses
probably would reach a total of $1,
506,000.
In view of the increase of 200 per
cent in prices in Paris, the President
said, he considered the commission’s
expenses very modest.
ARIZONA DESERT
IS SOMEWHAT WARM
LOS ANGELES, Cal., Aug. 15 —
Concentrated sun rays through
the plate glass window of a rear cur
tain of an automobile crossing the
Arizona deserts ignited the uphols
tering of the car. The fire was ex
tinguished after the upper parts of
the machine had been consumed.
The party, who were en route from
Texas, arrived in Los Angeles safely.
i_____r i
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Half-soling, $2.00
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P. O. Box 986
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Pier C, Foot of Main St. Seattle, Wash.
Wholesale Receivers and Distributors of all kinds of Salt Fish
Write us and let us know what you have to offer
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| CITY BAKERY LUNCH ROOM
Special Carefully-Prepared Lunch served from 11:30 a. m. Our Fine
French Rolls with every meal
Big Variety of Pastries and Cakes, Always Fresh
Sanitary Machinery of Latest Model. Patent Brick Oven. Best Ma
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Best Coffee in Town
French Bread Rye Bread
TOKENS OF RESPECT
A well conducted funeral Is a
token of respect to the deceased.
Our methods of conducting a
funeral have given us an oppor
tunity to serve you In a manner
that will command respect. We
are equipped to serve you satis
factorily.
E. E. HOLDEN PARLOR
Second Street, between
A and B Avenues
i