Honorable W. Lee O'Daniel 

Governor of Texas 

Austin, Texas 

Dear Sir: Opinion NO. o-3382 

Re: Citizenship of 

B. D. Battle 

Your letter of April 8, 1941, requests the opinion 

of this department upon the question whether, under the material submitted wlth your request, Mr. Battle is a resident 

citizen of the State of Texas.. Your request does not ask 

that we give this opinion upon the information submitted with 

Tour letter alone, but asks that we base It on these facts 

and other facts which you may find." 

State citizenship is governed by the provisions of 

the United States Constitution, Amendment 14, Section 1: 

"All persons born or naturallzed in the 

United States, and subject to the jurlsdlctlon 

thereof, are citizens of the United States and 

of the State whereFn they reside." 

Assuming Mr. Battle to be a citizen of the United 

States, his State citizenship depends upon his residence. 

The term "reside" has reference to the "domicile" or "legal 

residence" of the person, observing the distinction between 

actual residence and domicile stated by our Supreme Court in 

the case of Pecos, etc. Ry Co. vs. Thompson, 106 Tex. 460, 

167 S. W. 801: 

"Residence means living in a particular 

locality, but domioile means living,in that 

locality with the ,intent to make It a flxed 

and permanent home. Residence simply requires 

bodily presence, as an inhabltant in a given 

place, while domicile requires bodily presence 

in that place and also one's intention to make 

it one's domicile." 
. , 

Honorable W. Lee O'Danlel, Page 2 (O-3382) 

Two things must ooncur to constitute "domicile:" 

First, residence; and second, the intention of making the 

place of residence one's home. 15 Tex. Jur. 709. Thus a 

domicile once acquired is not lost simply by the rcquisition of a new residence; the acquisltion'ofthe new residence must be accompanied by the intentlon to make It 

one's fixed and permanent home. Hardy vs. DeLeon 5 Tex. 

211; Holliman vs. Peebles, 1 Tex. 673. 

Since the fact of residence plus the factor of 

intention are necessary to the determination of the question of domtcile, it is obvious that the issue with respect 

to each particular case can be resolved only in view of all 

the facts of the particular case. The solution of the problem will not depend upon any single circumstance or group 

of circumstances but upon all the circumstances taken in 

connection with each other. In instances where the elements 

of residence and intention gathered from conduct are ambiguous 

or uncertain, It becomes necessary to make a minute inquiry 

into the hablts, character, pursuits, social and domestic 

relations, business and political affairs of the person. 19 

Corpus Juris p. 435. In the case of a single person, ordinarlly It Is a fair presumption of fact and law that the 

place at which a person actually lives in his dommTcile, such 

presumption being of course rebuttable. Russell's Heirs v3. 

Randolph, 11 Tex. 460; 15 Tex. Jur. 718; 19 Corpus Juris 431. 

In the caseofamarried man, the presumption is that his 

domicile is where his wife resides, but this presumption will 

likewise yield to a contrary showing of the facts. Fidelity 

and Deposit Company of Maryland vs. First Natlonal Bank, 113 

3. W. (2d) 622; Stranton vs. Hall 90 S. W. (2d) 865; Hennessey 

va. Campbell 32 3. W. (2d) 390; Devereaux vs. Rowe 293 S. W. 

207; 17 Am. Jur. p. 639; 9 R. C. L. pp. 557-558. 

With your letter you subaFt the following material: 

1. Affidavit of B. D. Battle in which he certifies 

that in 1932 he did come into and did become a permanent resident of Longview, Gregg County, Texas; that he obtained by 

reclproclty from the Texas Board of Public Accountants a certificate to practice his profession of accounting In Texas; 

that In 1932 he was appointed Assistant County Auditor of 

Gregg County and served as such untll October 1, 1939; that 
Honorable W. Lee O'Daniel, Page'3 (O-3382) 

since October 1, 1939, 'he has, continued to reside' and 

practice his profession in LongvIew, Texas. :' z /~1 ,: :, 

2. Receipt for American Legion dues for 1941, 

to Post No. 140, Longview, Texas (paid a-24-40). 

Letter from R Wyche, ~dountg Auditor, 

Longview, &xas to Senator'J% Hill dat,ed April 5, 1941 

recommending co&Yrmati.on of Mr. Batile, stating Mr. B,attie 

was his assistant from 1932 to 1939; that since 1939 Mr. 

Battle has conducted,an accounting office in Longview; and 

expressing his opinion of Mr. Battle's'qualificatlona to be 

State Auditor. 

4. Letter from J. C. Barton, Vice President, and 

J. W. McDavid , Cashier, First National Bank; Longview, Texas,, 

dated April 5 ', 1941, stating' their opinion of Mr. Battle's 

character and ability, and that since' December 14, 1933, he 

has been a customer of the bank and,maFntained an active 

checking account; that he practices his profession in Longview. 

5. Letter from Floyd Covingt~on, Assistant Manager, 

Longview Chamber of Commerce, to Senator Joe Hill, recommending Mr. Battle and stating that he has been an active member 

of the local Chamber of Commerce for many years. 

6. Certificate by Mann Fuller, Tax Assessor-Collector, Gregg County, Texas, dated April 3, 1941, stating 

that B. D. Battle has been a legal resident and qualified 

voter of Gregg County, Texas, since 1933.~ 

7. Certificate by Sheriff of Gregg County, Texas, 

that he has summoned'Mr. Battle for jury service between 1934 

and 1940. 

8. Poll tax receipt for 1940, dated l,-31-41, issued 

to "B. D. Battle, 203 East College, LongvFew,,Texas" by Mann 

Fuller, Assessor-Collector of Taxes,~ Gregg"County, Texas. 

9. Three commissions to Mr. Battle' as Notary Public in and for Gregg County, Texas, for the terms ending 

June 1, 1937, June 1, 1939, and June 1, 1941, respectlvelg. 
Honorable W. Lee O~'Danle1, Page 4 (O-3382) 

10. Declaration by Buford D. Battle of intention 

to stud 

15, 5 

law, filed with the Supreme Court of Texas December 

193 , in which he states his permanent address to be 

Longview, Texas. 

While the foregoing facts are not fully developed, 

standing alone they indicate that Mr. Battle is a resident 

citizen of the State of Texas. However, we are in receipt 

of the following information contained in a letter to this 

department from Senator Joe Hill: 

"1 . Buford D. Battle and wife are living together 

as man and wife. 

"2 . The latest City Directory of the City of 

Shreveport, Louisiana, carries listing 'Battle, Buford D., 

Certified Public Accountant, 552 Jordan Street, Telephone 

4003, residence 257 Rutherford, Telephone 75920.' 

“3. The listing In January 1st Telephone Directory 

of the City of Shreveport, Louisiana, gives his office at 257 

Rutherford, Telephone No. 71531. 

“‘4 . I have a gelegram from the Sheriff of Shreveport, Louisiana, dated April 4 as follows: 'Buford D. Battle 

signed 1939 poll books. 

poll books for 1940.' 

Act 374, 1940, cancelllng signing 

(sgd.) J. H. Flournoy, Sheriff. 

“5. I have a telegram from the Tax Assessor in 

Shreveport, Louisiana, dated April 4, 1941, sent at 8% AM 

as follows: 'B. D. Battle llsted in January 1st Telephone 

Directory as being an accountant at two fifty-seven Rutherford 

Street. Mrs. Battle signed application for homestead exemptlon in this office on April second nineteen forty-one, she 

being record owner of the home.' (Sgd.): A. G. Hammett, Tax 

Assessor. 

i "I am informed that Mr. Battle has a room which he 

occupies at Longview, Texas, and that he maintains an office 

there as an Accountant. I am also advised that he has paid 

a poll tax In Gregg County, Texas." 
_ . . 

Honorable W. Lee O'Daniel, Page 5 (O-3382) 

The opinion of the Attorney General can be given 

on questions of law only. Disputed questions of fact, or 

mixed questions of law and fact cannot be authoritatively 

decided by the Attorney General. 6 Corpus Juris. p. 811. 

The weight of evidence and the credibility of witnesses 

are not questions to be addressed to or decided by the 

Attorney General. 6 Corpus Jur. p. 812, Note 7%. 

It is apparent from what has been stated above 

that the facts with reference to Mr. Battle's citizenship 

are disputed. Since this department lacks the authority 

to decide such disputed issues of fact, or mixed questions 

of fact and law, we regret that we cannot give you an opinion upon the question presented in your letter. 

Yours very truly, 

ATTORNEY GENERAL OF TEXAS 

BY /s/R. W. Fairchild 

R. W. Fairchild 

Assistant 

RWF:ej : mjs 

APPROVED AKI 17, 1941 

/d,y;;~y,",~;pAttorney General 

APPROVED OPINION COMMITTEE 

BY /s/ BWB CHAIRMAN