154 Wis. 475 | Wis. | 1913
It is claimed the trial court erred in finding that the presence of the fifteen men in the town of Minocqua was solely for the purpose of logging and not as permanent residents of the- town; and in holding that they were not legal voters of the town.
No extended discussion of the evidence is necessary to show that the trial judge correctly found that the men in
Upon the second question a very long and persuasive argument is made by appellant to the effect that men circumstanced as these men were should not be disfranchised. Eor if they cannot vote where .they work, at election time, they cannot vote at all. They were citizens of the state, and it is claimed their privilege to vote is a constitutional one, beyond the power of legislative or judicial impairment, citing Stale ex rel. McCrael v. Phelps, 144 Wis. 1, 128 N. W. 1041, and State ex rel. Hunt v. Stafford, 120 Wis. 203, 97 N. W. 921, 1043. Our attention is also called to the rule announced by McCrary on Elections (4th ed.), sec. 105, based upon the case of Cessna v. Meyers, Smith, Elec. Cases, 60, wherein it is held that under certain circumstances transient workmen would be allowed to vote where they work, and to the cases of Kreitz v. Behrensmeyer, 125 Ill. 141, 17 N. E. 232, and Welsh v. Shumway, 232 Ill. 54, 83 N. E. 549, where like rules were applied. We deem, however, that we are foreclosed from deciding this question on judicial authority by the fourth subdivision - of sec. 69, Stats. 1911, which prescribes the rules for determining residence as a qualification to vote and declares that' they shall govern so far as applicable. The subdivision reads: “A person shall not be considered to have gained a residence in any town, ward or village of this state into which he shall have come for temporary purposes merely.” This rule declares the public policy of the state with reference to the right of transient workmen to vote where they work. That it is founded upon considerations that conduce to preserve the lawful exercise of the ballot and the right
It is competent for the legislature to prescribe reasonable rules and regulations for the exercise of the elective franchise. To do so infringes upon no constitutional rights. It is because of the sacredness of the lawful use of the ballot, and of it's importance in governmental affairs, that the right as well as the duty is vested in the legislature to prescribe reasonable rules and regulations under which it may be exercised. Such rules and regulations tend to certainty and stability in government and render it possible to guard against corrupt
The cases of State ex rel. Bell v. Conness, 106 Wis. 425, 82 N. W. 288, and State ex rel. Hallam v. Lally, 134 Wis. 253, 114 N. W. 477, inferentially at least, support the conclusion of the trial court that the fifteen votes in question were unlawfully cast for the defendant.
By the Court. — Judgment affirmed.