Page:Federal Reporter, 1st Series, Volume 5.djvu/157

 us BK OBBEN. 145 �In re Geebn. (Cfireuit Court, B. D. New York. November 1, 1880.) �I. VoTBB — Election District — Residence— Navt Yabd — Makine— Constitution of New Toek. — Under the constitution of the state of New York, a prior residence of 30 days in the election district is necessary to entitle a person to vote. �Under this provision in the constitution of the state, in order to prove a residence in an election district, something more must be ehown than the fact of having lived in marine barracks, located withia the limita of such district, in the capacity of a marine. �A residence in Brooklyn is not shown by proving the fact of leav- Ing the place of former residence, and coming to Brooklyn for the purpose of enlisting as a marine, with the intent to return in case the application to be enlisted should be refuseï'. �The acts of leaving New York a?id enlisting at the Brooklyn navy yard, under such circumstances, are to be deemed consecutive acts. No residence is acquired while proeeeding through the streets of Brooklyn on the way to the navy yard for the purpose of enlisting, with the intent to return to New York if not enlisted. �No residence in the election district wharein the marine barracks are located is acquired by the act of enlisting there as a member of the marine corps of the United States navy. �The fact that the practice of the navy justifies an expectation, on the part of one enlisting as a marine in the Brooklyn navy yard, that the first two years of the term of enlistmcnt would be spent in the Brooklyn navy yard, does not alter the case. �S. V. Lovell, for the marine. �F. W. Angell, Ass't Dist. Att'y, for the United States. �Benbdiot, D. J. This proeeeding has been instituted for the purpose of obtaining a determination of the question whether the petitioner, James S. Green, has the right to vote at the coming election as a resident of the third election dis- trict of the twentieth ward of the city of Brooklyn. �From the affidavit of the petitioner and his examination the foUowing facts appear : The petitioner is unmaried. During the year 1879, and up to May, 1880, he resided in the city of New York. He then determined to enlist in the marine corps of the United States navy, and then came to the city of Brooklyn for the purpose of enlisting as a marine. On the same day he enlisted at the Brooklyn navy yard for the term �T.5,no.2— 10 ����