The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1882-09-15
TIE Law AND TIE FACT.
OPINION OF TIE COURT As TO MR.. A. 7. pm
DIES RIGHT TO VOTE IN BLACK
LICK TOWNSHIP.

we publish herewith the following extract
from the opinion of Judge Dean in the case
of Pindle VS.. Empfield and others, election
officers in Blacklick township. It clearly
states the law relative to residence and ex-
plodes the the theory prevalent in some 10
calities that man cannot have residence
distinct or separate from his wife and family:
"a mans residence is whore he makes his per
manent abode This definition has been Quos-
toned by some Courts and LAWYERS but IL is the
accepted definition Of residence in PENNSYLVANIA:
must apply it to the facts OF each particular case
II Is impossible for n Court 70 determine whether
the particular facts in any particular case do or
do not. constitute a permanent abode. The Jury
must take the facts Of the case and apply to them
the definition, the law. stated bv the Court
and determine whether the complaining party did
have such residence Of two months Immediately
prior to the election not. Residence Is often
question almost purely Of intention. For instance
a man leaves here today a visit 10 Europe. and
He is clearly resident OF Fhensburg. although he
has not been In the district single day Of the two
tentfon to make his permanent abode In Europe
when he left or to abandon hts residence in Ebens
burg 1t was n mere temporary absence. and no
keen his nern1an nent abode At the niaca he Len
mans permanent abode, in almost all ca ases is
wits his family vet man may abandon HIS fam
lily take MP his residence In another State cleo
tion district. fix his permanent abode there. and
I he has a residence and right to vote there Or
! man may separate from his family in one state
4 and n HE permanent abode in another. with no
intention OF severing his family relations get
ting clear Of hs family obligations Intending All
/ the time To perform those duties of maintenance
and care Of HIS family which the laws Of the
ried relation, well as the laws Of the country.
: impose upon him. Suppose a man removes from
; this State, leaving his family behind him aud
Z goes to Kansas with the intention Of fixing his
residence there II he finds the soil and climate
suitable and. after making the necessary fnvesti-
| in these respects and he buys property and ar
/ ranges for the maintenance Of hfs family there.
ana then returns TO this State for the purpose OF
/ taking them TO their new home and the family
! refuses TO accompany him. and he then says,
! WeIl VIII go and live there myself; don't care
10 exercise my authority rs head Of the family to
/ compel my wife and children to go there when
property there that suits me and will 90 and re-
side there and take care Of the property have
| bought VIII live there by myself rs my family
! refuses to accompany me. In the meantime will
| support my family in Pennsylvania. visit them
/ when can, but viii not reside there In such
I a case the mans intention to make Kansas his
home. and his removal there in pursuance Of that
/ inIenuou. makes Kansas his residence, although
his family remains In Pennsylvania. 1t is n clear
I abandonment Of hts residence in Pennsylvania.
hhu therefore,, While ordinarily mans residence
is with his family. there be cases in which he
VIII have residence apart from his family. This
me plalntn alleges and syears, was the case with
him. II It the case-if he separated from hts
OF pursuing his lawful calling in Blacklck town
/ ship. OF this county and State, and his family,
either from convenience OF pleasure. declined to
come with MIN; ana ne chose TO maintain the har-
monious and affechonate family relations rs they
existed before as nearly as lie could owing 70 the
I ineonyenient distance that was between them-if
l he removed from Maryland to Blacklick township
| with the intention OF fixing in that township his
| permanent abode apart from his family, and not
merely for the purpose of temporarily attending
10 the lands of DR.. Rex he had such a residence
to qualify him to vote at the elections In that dis
! trict, so far as residence Is concerned.
!
ION the part of the plaintiff tn Court IS request
ed 70 instruct the jury that citizen who has rest
! ded In Pennsylvania one year and upwards. in
pursuance Of his lawful calling, made his home in
particular election dis trict for over sixty DAYS,
with the intention of making said district his res
I fdence, and r. duly registered therein claiming
the same a. hts residence and having all the ne
cessary qualifications, is entitled to in said
election district. Notwithstanding he may have a
! wife and family residing in another State"
ANSWER
! This IS correct as we have already Instructed
! you, and is affirmed.
CERTIFICATE.
! hereby certify that the foregoing is correct
transcript Of that part Of the charge of the Court
I IN the case Of A T. Pindle vs.. George W. Emp
/ held, William Simmons and William Bracken,
I which relates to the question Of residence, and
also that the answer tC the plaintiffs point,
here transcribed, Is correct.
I J. FRANK COGDOS,
Court Reporter, oath Judicial District Of Pennsyl-
vania.