The times. [volume] (Washington [D.C.]) 1897-1901, 1900-12-05
A Question Under the Law Con-
corning Public Charity.
The Attorney Submits m Opinion On
the Status of Man Who Left the
AimshOuse to Vote Traffic on
Pennsylvania Avenue May He Sus-
pended During Centennial Parade.


piled for admission TO the almshouse. The
question raised was whether the man in
question came within the meaning of the
law, that the charities of the District
should be extended to bona fide citizens of
the District. The Attorney in his report
says:
1T appears that this man during the
greater part of the time for several years
past has actually resided in the District,
maintaining, however, his voting status in
Maryland. He is admittedly pauper, and
had been an inmate of the almshouse for
several weeks prior to November 6, 1900,
when he left the asylum and proceeded to
Maryland where he voted in the late cleo
ton. He mas since returned to the city
of Washington. and has made application
for admission TO the almshouse.
The question is whether being citi-
Zen CT Maryland and having voted there at
the late election. can he al the same time
be bona fide resident of the District with
in the meaning of the act of Congress ap-
proved June 6. 1900. establishing the Board
of Charities.
The term resident has in law no fixed
meaning arr'irsh'e - al! cases. Residence
end citizenship are not synonymous terms.
whose place CT abode is there and who has
no present intention of removing there
from. good definition is that given in
re Collins. CT How. Pr IN. Y, Y go,
where il is said residence means the act
or the state CT being situated or settled in
place. 1t embraces not only personal
presence in place. but an attachment to
it by those acts or habits which express
the closest connection between the person
and the place as by usually sitting or "
ing there Residence is defined as an act
OF residing, abiding. Or dwelling in place
for some continuous time. Also as a place
where ore resides. Webster's Dictionary;
and as the act or state of being situated
or settled in a place: the act. state or
habit Of dwelling or abiding; the state Of
being a resident, or an inhabitant: the
place where one resides: habitation: Burr
Law Dictionary. Il usually imports the
place of ones permanent domiciie rather
than temporary abode, Reeder VS.. Hol-
comb G05 Miss. 93).
The Supreme Court of the District Of
Columbia, in United States VS.. Nardello
a Mack, 512l, had for determination the
question whether juror was a non-r, ST.
dent of the District of Columbia. The
juror was unmarried. his parents having
lived in Virginia for fifteen years. He
had been agent of the Midland Railroad
in this city. where he spent eleven and
one-half months each year. the remaining
two weeks being spent at his parents
house in Virginia, where he exercised the
right of suffrage. The court held that
Notwithstanding such political residence
in Virginia, the juror was resident of
the District within the sense Of the jury
act.
I'm Robinson VS.. Morrison e Apps
D. c.. 1861. the Court of Appeals had for
determination the question whether a
party was a nonresident of the District
within the meaning of our attachment
laws. The court said, holding the offend
ant to be nonresident of the District of
Columbia:
The word nonresident, as used in
our statutes, must be taken in its ordi-
nary and usual Specification. mans
residence is where he actually dwells at
the time, not merely where he may carry
on business regularly. A mans domicile
may be in one State, his residence in
another, and his place of business in a
third. A mans home, the place where his |
wife and children actually reside, is, or |
and yet not necessarily. his |
place of residence. He may for purposes |
of business establish himself in another |
State for an indefinite period, away from |
his family, and remain there SO contin
uOusly as to make himself resident |
there for all the purposes of the attach
nent laws generally. But he cannot be
resident of two distinct places at the |
same time. II defendant had provided
himself a dwelling place in the City of
Washington, living there instead Of with
MS family in Maryland. and only going to
hem occasionally, as visitor, he might
De regarded as a resident of the District
IF Columbia, within the meaning of the
lct But that is not the case made in the
'ecord before us. He removed his family
o home in Maryland for an indefinite
period, and lived there with them, spend
ng each night there and having no dwell
ing OF sleeping place in Washington. He
pent the hours of business only in Wash
ngton. while he spent his nights and Sun
lays in Maryland. He registered and
roted in Maryland, and in order to do SO
vas compelled by law to make oath to
10Th residence and citizenship. Under
he evidence in this case. could he have
,een held an illegal voter?
1.-The party mentioned in the commune
alton of the Board of Charities while he
bode In the District never seems to have
ad any intention Of removing therefrom.
IN the contrary, he appears to have been
ute attached to this locality and the pro-
ision made by the public for his care.
|
ent of the District of Columbia within
he meaning of the above mentioned act
Z Congress. II is apparent. however, that
here should be some Limitation put upon
be residence in the District of Columbia,
4 order TO secure such settlement as Will
ntitled the party to be cared for by the
ublic, not only in the case OF persons
eekng the shelter of our almshouse, but
lso in the case of INDECENT insane per-
ons etc. There are doubtless very many
distances where parties have been brought
, the District from neighboring States for
he specific purpose OF making them o
barge on this community.
I'm some of the States such action Is
cleared by statute to be a misdemeanor
nd persons bringing such paupers into
he State are punished by fine or imprison-
lent One mode of preventing to some ex-
mt at least, this imposition upon the pub
C, would be for Congress hereafter to
rovide in its appropriations for these
asses of dependents and unfortunates,
lat a bona fide residence in the District
,r at least a year should be a condition
recedent to admission to any eleemosyn-
~. charitable, or reformatory public in
.itution.'
W. II. Manogue recently made applica-
on to the Commissioners that the own
rs Of the west ten feet of lot 25, square
~, assessed in the name Of Charles II.
be allowed to pay the general
axes due from 1880 to 1900 inclusive ,
ithout penalties and costs, which, with
eport thereon by the Assessor, was re.
Erred to the Attorney for the District ,
,r an opinion.
The latter informs the Commissioners
lat 1t appears from the papers presented