170 Mich. 143 | Mich. | 1912
(after stating the facts). In the Constitution of 1850, section 5 of article 7 reads as follows:
*146 “No elector shall be deemed to have gained or lost a residence by reason of his being employed in the service of the United States or of this State; nor while engaged in the navigation of the waters of this State or of the United States; or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse or other asylum at public expense; nor while confined in any public prison, except that honorably discharged soldiers, sailors and marines who have served in the military or naval forces of the United States or of this State, and who reside in soldiers’homes established by the State, may acquire a residence where such home is located.”
Construing this provision, it was said, in Wolcott v. Holcomb, 97 Mich. 361, 367 (56 N. W. 837, 839 [23 L. R. A. 215]):
“We are of the opinion that the terms ‘by reason of’ and ‘ while ’ were understood by the framers of the Constitution to have a different meaning. In the former case the intention would very largely, if not entirely, govern the question of domicile, while in the latter it would not. It was clearly the intention of the former provision to give the citizen the right, if he chose, to carry his residence with him to the place where he was employed in the service of the United States or of the State, and in the latter case it seems equally clear that it was the intention not to give that right.”
It was also said, by way of illustration and argument:
“Furthermore, students in all institutions of learning, although they are in attendance there for the sole purpose of obtaining an education, might, at their own will, become electors in the places where such institutions are located. We think the Constitution prohibits a change of residence under such circumstances, and that, when one’s presence in any of the institutions named is due to the sole purpose of receiving the benefits conferred, his former residence must be considered his domicile for citizenship.”
While this decision was rendered by a divided court, it was followed, without dissent, in People, ex rel. Saunders, v. Hanna, 98 Mich. 515 (57 N. W. 738). In the Constitution of 1909 the same provision appears as section
It is said in the majority opinion delivered in Wolcott v. Holcomb, that no question of disfranchisement was involved, and in the portion of the opinion above quoted the language implies a limitation of application of the rule announced to such persons as attend institutions of learning “for the sole purpose” of receiving the benefits conferred. It is clear, too, from the facts stated in the opinions, that the inmate of the Soldiers’ Home whose rights were considered was, at the time he applied for admission to the Home, a resident of Woodstock township, Lenawee county. He presented the certificate of the supervisor of the township that he was then an actual resident of the township. The inmate later declared that—
“ He always intended, and in fact made, the township of Grand Rapids, and that part of it in which said Soldiers’ Home is located, his home, subsequent to his entry therein.”
The respondent in the case at bar appears to have had no residence, in fact or by intention, when he went to Albion. If we eliminate from the circumstances to be
It is charged in the information that respondent—
“ Not being then and there a resident of the third ward of the said city of Albion, did * * * wilfully vote at the said third ward voting place in the said city of Albion at the election held in the said ward and city.”
I assume that the prosecution is under and by virtue of 3 Comp. Laws, § 11439, which provides a punishment for . the voting by a qualified elector in any township or ward
It will be certified to the circuit court for the county of Calhoun that the exception to the charge delivered is sustained, and that the verdict should be set aside and a new trial ordered.