New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-09-25
JUDGE COUNTRYMAN's OPINION.
LEGAL ASPECT OF THE ROOSEVELT CASE STATED
nv ,,p pr ,cts,s ADVISER

by MR.. BLACKS ADVISER
Albany. Sept 2i-Thls statement, signed by
Judge Countryman. reviewing the legal aspect OF
the Roosevelt affidavit given out tonight:
lis Mr. Roosevelt eligible TO the Office Of Gov
ernor?
This is a clear case. The material facts are
undisputed Mr. Roosevelt had been for MANY
years prior to 1897 a resident Of the state OF
New York In April Of that year he was ap-
pointed Assistant Secretary Of the Navy, went
to Washington and took up his residene there
on May l. 1897, he gave up the house In New
York in which he had been living. with his fam-
l.y and In June rented house In washington.
In October Of the same year his family removed
to Washington. and he, with his family. occu-
pied the house rented there where they re-
mained until April, 1S9S. In the mean time Mr..
Roosevelt had been assessed as the owner OF per-
sonal property, on the assumption mat ne re-
mained a resident and taxpayer OF New-fork
lie objected TO the assessment on the ground
that he was not a resident OF New-York. but
was a resident Of the city OF Washington. and
in support Of his objection made and flied In
March, 1898. an affidavit stating these facts
and added that from the time his family had
occupied the house he had been and then was a
resident OF Washington.
Two things are necessary TO a change OF resi-
dence: First removal TO another place, and
second. an intention to make that place a resi-
dence. Here we have both. the act or fact OF
removal from New-York 10 Washington and
the declaration under oath that it was change
OF residence; in other words. that his intention
was TO make OF the new home he had estao-
lished in Washington the permanent residence
of himself and family This is Anal and con-
elusive. Mr.. Roosevelt frankly deposes and
states that, on account OF this change OF resi-
dence he did not, and could not. vote In New
York at the election in November. 1891 and to
clinch It declares that since october. 1897, he
had not had any domcile residence in New
York This is positive declaration Of his in
tenton to chafge his residence. But TO make
It conclusive he also stated the converse. that
since then October lasD have been and now
am resident OF Washington"
This language Is not susceptible OF any other
Interpretation. But II 1t were equivocal II must
be read in the light Of the purpose for which it
was used. The object of the affidavit was TO
evade the payment OF taxes In New-York on
the ground that he had changed his residence TO
Washington. He therefore intended not only to
convey the impression but TO convince the tax
ing officers of New-York that he had changed
ment made against him in New-York. Doubt
less the mere fact OF his removal with his fam
ily to Washington and remaining there while he
engaged In the performance of his official
duties was not sufficient to effect change OF
residence. The intention to make II his resi-
dental home and abandon his New-York resi-
dence was also necessary. And this intention Is
clearly evlnced and afIrmatvely stated in his
off axrit .nfa l. OIL. ~,
his act in contestns the New-York assessment
against him. the specific ground of his prior
change Of residence.
1T has been suggested that Mr. Roosevelt
stated In his private correspondence with his
attorney In the tax proceedings that ne did not
intend TO lose his residence In New York. II
this be true, 1t is exceedingly unfortunate that
he did not so state in his affidavit. He is bound
by his declaration under oath, and Is estopped
from saying that he made that declaration with
a mental reservation that he did not mean what
he stated in explicit terms.
1T is also suggested that the affidavit was
made merely to evade paying double taxes in
Washington and New-York' II such is the
fact there is a strong implication that the
sessment in Washington was not objected to
or contested. and that 1t was recognized by
Mr.. Roosevelt as legal and proper II this be
true. not peg is left to hang doubt upon.
"Of course, Mr.. Roosevelt has a perfect right
to change his residence again to New York and
has right to claim that he is now a resident
of New-York. But II he a resident OF
Washington for five months. or even single
day. ne Is unable 70 hold the Office OF Governor
OF New York. To De eligible TO this Office he
must have been five years next preceding his
election a resident OF this state 1t follows that
any votes cast for him for that office at the
ensuing election will be thrown away. and nee
Va rpppiVa
a majority OF the votes in the election Of the
opposing candidate receiving the next highest
number OF votes"
Abreast Of the times are Rockwood's always ar
tistic photographs. fS per dozen. broadway Aotn.
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