Page:Federal Reporter, 1st Series, Volume 5.djvu/158

 146 FEDBEAL EEPOETEB. �of five years. It is evident that the only object the petitîoner had, in coming to Brooklyn when he did, was to enlist in the service of the United States, and there is no reason to doubt that he would have returned to the city of New York if his application to be enlisted had been rejected. The ordinary «ourse pursued in regard to the marines enlisted at the Brook- lyn navy yard is to retain them there during the first two years of their service, and send them to sea for the remainder of their term. The petitioner, therefore, enlisted with the rea- eonable expectation that he would be stationed at the Brook- lyn navy yard for the two years next succeeding his enlist- ment. Since the time of his enlistment the petitioner bas lived in the barracks at the Brooklyn navy yard, which, for the purpose of this proceeding, will be assumed to be part of the third election district of the twentieth ward of the city of Brooklyn. These facts do not, in my opinion, show, that the petitioner has a right to vote, as being a resident of the third election district of the twentieth ward of the city of Brooklyn. �The constitution of the state of New York contains the fol- lowing provisions : " Every maie citizen of the age of twenty- one years, who shall have been a citizen for ten days, and an inhabitant of the state for one year, next preceding an election, and for the last four months a resident of the county, and for the last thirty days a resident of the election district in which he may offer his vote, shall be entitled to vote at such an election in the election district of which he shall at the time be a resident, and not elsewhere. For the purpose of voting, no person shall be deemed to have gained or lost a residence JDy reason of his presence or absence while employed in the service of the United States ; nor while engaged in the navi- gation of the waters of this state or of the United States, or of the high seas ; nor while the student of any seminary of learn- ing; nor while kept in any alms-house or other asylum at pub- lic expense; nor while confined in any prison." �In order, therefore, to make it appcar that the petitioner is entitled to vote in the district relerred to, he must prove ihimself to be a resident of that district. ïhe provisions of the ����