New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-11-02
micn and were frequently applanded by 'e CIV
-iusilc audience.
MR. CLEvELAND'S REI>TEATlON.
HAS IL 4 RESIDENCE WHICH ENTITIES HIN
- VITEi

HAS IIF \ RESIDENCE " III "
- vlTEi
Mr. Cleveland. the Democratic canu'"'r ,,,, cr,t.
Presidency has registered from NO. II "'' Iht', y,
S. The hodSe. il Is understood - , ,,o c,n.
,,s.d Inst ,priup md d which lie has had INV ~
49,, o., ,,or,l months ana In which MS l'''l''"o
y ,, ,ioc.A hut which h. ana his EihilN ma NV
,scr.ouollv occupied as II home until less ''"" ~
ds,. h.for. Election Day. ii' former hoh'' III" " "
-, No .l6 NadisOn-ave.. ana al'eT s"'I'"N ~,
hop,e ne lived at the victoria Iio'"i' an" " =,
country home at Bu21ards i!ny nhu' ~" =
ago Ne nevertheless tod the Inspector "" ~ 49,
Zoo, ,drn. Of IN" -lection district fUi SiA "'"'",'
and If the usual forms wcI2 "o>e'''"' ''O
In the truth Of that statement
,rhro i mn doubt that Mr.. Cleveland hoh'N'" W.
u.ves that he is entitled 20 claim rr'i"'"o ~ "
ucN home from the time when ne eas'u 1t az" Pc
,,. - If. furniture In 1t. and 1t Is to b" holcu
lint M overzealous Republican VIII aUe'"P' "
interfere with him in voting. II ne 'ni""N ''.'
.,t,tlcd 10 cast his ballot. MT. ClevclaHi - Nv"
~ ,ov,vor and ls even said to be fond oi
u,Hnc over the inticacrN Of case ""' '.' '
1u thr.fore 10 be referred 10 some decided '"a"s'
witch while they do not -nstaln his view vi '''
dcnce will sill form an Interesting N'"o' 'V'
who Is DESTROYS vi asceriaiilhG "Ae''c' "' ma
h.s NO, acquired voting residence by renting "HN
not occupying house. ,,,
Mr. cleveland will find wel-hnoWH case "'I'''
IA
voumps IN Williams aet Whiting, ii mas III
u-y,tlv.s collection OF election cases. In Thai case
II becom.s important 10 ascertain whether uaH u"u
been a reeideni OF Dedham 10Y Vhr !'"I P'''''s
the election held OH November :, ISL. hr Ha" "'''
II resident Of RoXbury previous 10 oc'oOer - ''''
on thut day he hired house ~ Dedha"i' rNP''.'"
~ occ,,nv # ON November Il. On the same day.
October 70 Ae secured board In Dedham, ana ne c's
tinued TO board there until November L. lie IoNEe"
in bod
mill November II he spent M days Ut D'dham
and his nights N Roxbury. keeping his boaidihs pace
I'm Dcd.am lie moved With his family 10 DfuH""'
ON November IL. 70 occupy his new home Ihe court
decided that he dld not become resident OF p'Nhain
until November l.. although he had Intended 10 maze
that place bis residence and had done o'her "''' 7"
ACC lire Il d0micile
4 stronger snd more recent ease VIII b. i0uud III
P.n1.ld against the Chesapeake Ohio ana south
western Railway Company - Federal Reporter ava
The plaintiff was, before August, 1858, res'u'h' VI
81. Louis. In that month h" formed the intention oil
taking up his residence liSRrookyn y. Y, ana III
pursuance Of that Intention sent his vile ana chlidr'h
10 that city. 1Ar wife rented house ana 1t WAS
furnished aud the family occupied ID" house. Mr..
Ierfcd remained In St. Louis unt January, les4.
when he went himself 10 Brooklyn. II" was Injured
In a railroad accident November 30 los3, aud
later began suit against the railway company Is AaV-
ing been 81 the time the accident resident oi New
York. The action was brought In the United siatrs
Circuit Court. and Judge Charles J.. BENEDICT the
United state, Judge for the Brooklyn district dtcided
that Mr.. PenAeld remained u resident OF 81. Louis
until January. 1854. The language Is peculiarly ap-
plloabc 10 Mr.. Ceveland's case. ' am OF the
opnion,' Judge Benedict says. that mere intention
change his residence does effect that change.
but that. coupled with such intention there must
be- acts DONE and that must he that VI living
for period OF time In the place Of intended
residence. Residence Involves personal presence"
In Frys Election Case. IL Penn. state Rep, 49,
the Judge, after saying that the intention IA
some BE- an Important element In determining
the residence, confines: But before this question
A mere Intention 10 remove. MOI contaminated can
neither forfeit The paTlys Old donicr nor enable bim
10 acquire new one.
Cas-, are quoted 10 show that an old domce IS not
abandoned IN new On" Is not only nenii)H aly but
actually acquired and the same rules sa!G 10 Ar
ply ia removal from district 10 ahOtncr ~ ~
cases 81 removal from one state 10 another. Judge
EIOtt Of tis state. Ia HeceNan DgAius' lOA, u lar
bOur. 475 says that The person whOse residence WIS
I'll dispute retained his Old dVmlCI- mill he had aban
dOn,d II and acquired another IN fact and In PHr
pose
jacobs on DOmicilc" J. rather II long treatise -
study between nov and Election Day bat in the
American AID Engl-n Encyclopedia OF Law" nnder
he TN" Of Dym'dl" !, CORRECTION Of sH''l iinir.
these. well as Other source Oh" situated ~ vi.
Clcve!alG is viii learn that the question OF chang"
OF residence y mingled one ~ fact and Intent 4,
that there nu-i b" "a" fact N abode we'll iic
Intention 81 remaining lndehntcly thni ia" OLD
domioc remain, anil the one Is acquired. ard.
according to judge ErnedictS opinion that personally
a. q new place residence The consideration 0f he
PRINCIPLES laid down III the law books Lad Mr..
cleveland change hl- cpaion TINT b" has lv"d In
FiftS fr.J--t FIR the last six months