New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-06-14
BROADWAY f NiSTH SITS
OBLIGATIONS TO 30 JURY DUTY.
DENIAL. OF A CLAIM TO LEGAL RESIDENCE
N ANOTHER STATE.

DENIAL OF \ CLAIM ~ I'''''N' N'''''''
N ANOTHER STATE
Jus,co Bcekman, OF the supreme Court has
handed down a decision in which ne holds that
Thornton FLOYD Turner. son Of Herbert t. lurher'
Of the law firm u Turner. Mcclure & Rolston'
must serve as juryman. and denies his petition
for peremptory wrt Of maniamns directed
against. william Pmiey, the Commissioner o.
Jurors to strike the name OF the petitioner from
the lists OF jurymcn.
Mr. Turner AYERS that he Is n resident and a clt'-
zen ~ New-Jcrscy and that he livs Win MS
paronis In Erg!cwo)d IN that state. III" says that
he has afyays lived with them. except In the win
ter months q 1896 1884, and 1880 when he lived "'h
then, here. but was still citizen and voter In New
Jersey having paid the poll tax and voted there.
IN the directory the address OF the father OF inc
pe,tloncr Is given as so. rs East Thiriiotn-st
In nj. decision Justice Beekman quotes Section
loSp OF the code % C.vil Procedure. when states
that "A person dwelling OF lodging In the city ana
county = Ncw-Y0rk for the greater part Of the
t.rno between the first day Of October and the @th
day OF June next thereafter is A resident OF that
CITY and county within the meaning OF the section.
and IL - no; necessary THAI b" should haV" been
assessed or voted there Mr.. Turner according 10
his petition lived In this city In the years named
from November 10 10 April -
''The reason for the enactment Of the above law
savs the opinion. rs matter OF common knowl-
elgo For many years lt has been the custom Of a
lorgo number Of persons who were residents In
fat @, this city acquire legal domiche IN
other parts Of the state in other states. usually
a, their places Of summer abode. which, while
technically good still IN no respect chasgei their
practical relations 20 this community Their bhsl-
mesa continued 70 be- conducted here, their social
pleasures and attachments were still sought and
maintained here and their actual residences con
,lnu.d here except during the summer months.
wen constitutions " health and recreation rather
than politlcal attachment lei 10 short sojourn nt
tho legal domcilc This done Tor the purpose
Of ESCAPING taxation and jury duty In this county
Provision has been made by statute Intended ID
foil the attempt 10 avoid taxation by this eNpedi-
ont although perhaps. with Indifferent success
and II f. with the same deterrent purpose In re-
spect to attempts 70 evade jury duty tnat section
l,,, 81 the code was enacted The r".ator con-
c.lellv comes within the letter Of this section
Justice Bcckman adds that the r"latof co1hsel
h,s furnished argument that only tno'e VINO
Jurors and that this means that surh persons must
Ia. .iflZ.ns the state and residents OF thc county
i'm which they called upon TO act Il thlik we
NAV eliminate from discussion, says Justice l''"h-
man "the idea that citizen ~ the nittd states
resilient in one state IS in any sense whatsoever
an alien or foreigner in respect 20 citizens 81 other
states Citizenship OF the United states carries
vita II such constitutional guarantees that WAT
f. now known a. citizenship u state Il acquired
by mere residence the volition OF the Individual.
NJ additional naturalization IS required, nor Is any
oath Of allegiance necessary, SO mat chahBc OF
citizenship from one State to another IS merely
Constitution Of the United states which prohibits
n state from treating taose who are within lis
borders although legally d)micllc! elsewhere. In
the same manner its own citizens.