Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-12-05
QUESTION OF RESIDENCE
OPINION BY ATTORNEY DUvALL RE-
sPECTING STATUS OF PAUPER.
Voted In Maryland, but Place OF
Abode in Distrlct-PrOvi.
sfOns of Law.

The board Of charities the 10th OF last
month requested an opinion of the attor-
ney for the District Of Columbia as TO
whether a man who voted In Maryland
November 8 can be a resident OF the Dis
| trict of Columbia and entitled to admission
| to the almshouse as pauper. The opinion
OF Attorney Duvall has reached the Com
missioners. He says:
81 have duly considered the communica-
ton from the board Of charities requesting
that my opinion be taken as to whether a
man who on November 6, 1900, voted In
Maryland can be resident OF the District
of Columbia and as such be entitled to ad-
mission as a pauper to the almshouse of the
District of Columbia. 1t appears that this
man during the greater part of the time
for Se,eral years past has actually reS1oeo
in tie District. maintaining, however, MS
voting status In Maryland.
"He is admittedly pauper and had been
an inmate of the amshouse for several
weeks prsT to November g. 1900 when he
left the asylum and proceeded to Maryland
where he voted at the late election. He has
since returned to the city of Washington
and has made new application for admis-
sion to the a!mshGuse.
"The question Is, being a citizen of Mary
land and having voted in that state at the
late election. can he at the same time be
"A bora f;ia reside Mt of the District within
the meaning of the act of Congress ap-
proved June q. 1900. establishing the board
OF Oh tritieS?
Term Resident defined.
II. term resident has in the law no
| fiysi .-aring applicable to all cases Res
ide::ce' and citizenship are not synony-
nous terms.
~ resident Of place is said to be one
whose place of abode is there and who has
no PIE sent intention o: removing therefrom.
y = nod definition is that residence means
the the state of being situated or
settled in Il place 1t embraces not only
personal presence in Il place, but an attach
ment tn ii by those acts or habits which ex-
press the closest connection between the
person and the place. as by usually sitting
or lying there.
Residence is defined as an act Of resid-
ing. abiding or dwelling in a place for some
continuance of time. Also as place
where one resides 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 Il resident or an inhabit-
ant; the place where one resides; habita-
ton 1t usually imports the place of ones
manent domicie rather than a tempora-
ry abode
The Supreme Court of the District of Co
lGmbia once lad for Discriminate the
question whether Juror was a nonresi-
Gent Of the District of Columbia The iuror
was unmarried; his parents lived in Vir-
ginia for fifteen years; he had been the
agent of railroad in this city, where he
srent eleven mcnthS and a half of each
year the remaining two weeks being spent
at his parents home in Virginia, where
he exercised the right of suffrage The
court held thai, notwithstanding such po-
litical residence in Virginia. the juror was
resident OF ;he District OF Columbia with
in the sense of the jury act
Is a Resident of the District.
'"The party mentioned in the communica-
ton of the hoard of charities. while he
abode in the District of Columbia, never
seems TO have had any intention of re-
moving therefrom; on the contrary he ap-
pears to have been quite attached to this
locality and the provision made by the pub
lie for his care. / am of the opinion thai
he is a resident of the District of Columbia
within the meaning of the foregoing men
tened act of Congress-;
1t Is quite apparent, however, that there
should be some limitation put upon resi-
dc nee in the District of Columbia in order
to secure such Il settlement as will entitle
the party TO be cared for by the public. not
only in the case of persons seeking the
shelter of the aimshouse. but also in the
case of INDECENT insane persons, etc.
There are doubtless very many instances
where parties have been brought to the
District Of Columbia from neighboring
states for the specific purpose of making
them charge on this community In
some of the states such action is declared
by Statute to be a msdemeanor and per-
sons bringing such paupers into the state
are punished by fine and Imprisonment
"One mode of preventing, to some extent
at least, this imposition upon the public
would be for Congress hereafter to provide
In its appropriations for these classes of de-
pendents and unfortunates that bona fide
residence in the District of Columbia for
at least one year should be condition pre-
cedent to admission TO any eleemosynary
charitable or reformatory public institu-
ton