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In connection with today's election it may be interesting to examine the qualifications necessary for a student to vote. Any citizen who wishes to cast his ballot must register (registration for this year closed a week ago Saturday), and must have paid some state or county tax, assessed upon him in any part of the commonwealth within two years of election day. He must also possess a domicil in the city or town where he wishes to vote. Whether students posses such a domicil in Cambridge or not is a question which has been little understood, though the law seems perfectly plain on this subject. On the 15th of March, 1843, the House of Representatives submitted to the Supreme Court of Massachusetts the following question: "Is a residence at a public institution, in any town in this Commonwealth, for the sole purpose of obtaining an education, a residence within the meaning of the constitution, which gives a person, who has his means of support from another place, either within or without this Commonwealth, a right to vote, or subjects him to the liability to pay taxes in such town?" The answer of the Supreme Court to this question, too long to be quoted in full, seems to make the whole matter perfectly clear. The following extracts from this opinion of the court indicate the lines on which it is based.
"The question, therefore, whether one residing at a place where there is a public literary institution, for the purposes of education, and who is in other respects qualified by the constitution to vote, has a right to vote there, will depend on the question whether he has a domicil there. The question, what place is any person's domicil, or place of abode, is a question of fact. Certain maxims on this subject we consider to be well settled. These are that every person has a domicil somewhere, and no person can have more than one domicil at the same time. If the student has a father living; if he still remains a member of his father's family; if he returns to pass his vacations; if he is maintained and supported by his father; these are strong circumstances, repelling the presumption of a change of domicil. So, if he have no father living, if he have a dwelling-house of his own, or real estate of which he retains the occupation; if he have a mother or other connections, with whom he has been accustomed to reside, and to whose family he returns in vacations; if he describes himself of such place, and otherwise manifests his intent to continue his domicil there; these are all circumstances tending to prove that his domicil is not changed. But if, having a father or mother, they should remove to the town where the college is situated, and he should still remain a member of the family of the parent; or if, having no parent, or being separated from his father's family, not being maintained or supported by him, or if he has a family of his own, and removes with them to such a town, or by purchase or lease takes up his permanent abode there, without intending to return to his former domicil; if he depends on his own property, income, or industry for his support,- these are circumstances, more or less conclusive to show a change of domicil, and the acquisition of a domicil in the town where the college is situated. And as liability to taxation for his poll and general personal property depends on domicil, he will also be subject to taxation for his poll and general personal property, and all other municipal duties in the same town."
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