The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-05-09
BROWN-BASkiN
CONTEST REPORT
FULL TEXT ~ COMMITTEE ON
pasviIeees AND ELECTIONS
IN csIEsRATEp cAss.

Following is the full text of the re- |
port of the senate committee on privil |
eyes and elections In the Broxn-Bas-i
kin contest case:
Senate Chamber, Tallahassee, Fla,
President of the Senate: Sir-Your
on privileges and elections,
10 whom was referred the matter of
the alleged vacancy in the senatorsnip
from The Twentieth Senatorial Dis
trict. composed OF the counties OF
Marion and Sumter. oecasioned by the
alleged change Of residence of the
Hon. G. NJ. Brown, now sitting as sena-
tor from said district, and the claim
by the Hon j. G. Baskin of right
TO a seat in the senate under spe-
eial election held On the 18th day OF
February last, to ell the vacancy oc-
easioned by the alleged removal Of
said C. NJ Brown, have the honor to
report as follows:
The contestant. j. G. Baskin. and
the eontestee, c. NJ. Brown, appeared
before your committee with their re-
spectiye attorneys, and witnesses
were examined and their testimony rs
duced TO writing, and documentary
evidence was also submitted BY them
70 the committee, and arguments by
their respective attorneys were heard,
and your committee herewith submits
all such evidence and the written
arguments filed with IL.
The evidence shows that Marion
county had been the domicile and
home of the cohtestee since lS47, and
that in the year 1898 he began a
general merchandise business il the
city of Ocala in that couny. and taat
in September, 1904, he sold out such
business and he and his wife LETT
Ocala and went TO Miami in Dade
County, Fla.. which is in the Thirteen-
tn Senatorial District. During the con-
tinuance of such business in Ocala up
to December, 1902, ne and his wife
boarded at a hoted In 0cala, having
previously sold his home. but in De-
eember, 1902, they moved to the upper
story of the building in which he car
ried on his merchandise business, and
there he and his wife lived and kept
house until they went 10 Miami. In
moving 10 Miami they took with them
their household effects and he did not
retain any possessory or other interest
in the building or In any other prop
erty in fae Twentieth District. The
fact of bodily removal from Ocala TO
Miami of himself and wife, who con-
stituted his family, Is, upon the EVIL
dence, complete and unquestioRable.
A charge of political or, as 1t is some
times called, municipal domicile, In
wolves not only the act Of such re-
moval, but an intention TO change the
demiciie or home. from the place NOV
ed from TO that moved to, Is an essen
| tai element of such change. Our CON
stitution provides In section 6, OF
article 3 that THE seat Of member
of either house shall be vacated an
his permanent change OF residence
| from the distric; or county from
which he was elected and unless
| the evidence establishes an intention
upon the part OF the contestee 70 make
a permanent change from the TWEEN
tieth Senatorial District, no vacancy
has existed since the election OF the
| contestee as senator from such dig
strict in November, 1902. Witnesses
other than the contestee testify tt
expressions made by him at the tins
Eof his selling cut his business anf
moving away that clearly Indicate IL
intention to permanently change MS
residence from Ocaia to Miami.
1 We are aware that he denies OF
does not admit having made such
| Statements; but considering his test
/ mony before the committee and thf
!! written Communication emanatins
from him, 1t seems clear 10 US tha
he has not, at least since mis- letter o.
October %, 1904, which appeared 1;
the Miami Metropolis, had any inten
ton of returning 10 Ocala. or tins
Twentieth Senatorial District, to re
d side. It Is obvious from his testimon,
before the committee that his return
there to reside has been dependen
upon the happening of contingencie
which were necessary TO create an II
/ tention to either leave Miami or re
turn to Ocala. and unless such contln
gencies should arise there could neve
be an intention to return TO Ocala o
/ 10 leave Miami. An intention to *
turn dependent upon a future contit
sency for its existence is not pres
ent or existing intention, and Ii Il
suits that the contestee was living a
Miami with the intention OF remain
ing there unless and until somethini
should occur which you'd create n
intention TO leave that place and re
II turn TO Ocala, or go elsewhere.
seems to the committee that the cor
testee has been under the conviction
that the law would permit aim TO rs
tain his political or municipal citizef
ship in OcaIa and the Twentieth Sens
toriaI District, notwithstanding he ha
an intention of abiding bodily at Nj
ami until soma contingency shout
happen which would cause him to IL
itermine to return to Ocala. CT tn
Twentieth Senatorial District, 10 liy'
but in our judgment this position
not tenable In law.
The committee, for the reasons gi'
; en- above, are of the opinion that tn
contestee had permanently remove
hts residence from the Twentiet
Senatorial district to Miami, in th
Thirteenth district, prior to the pro-
lamation of the governor calling
special election to fill the vacancy !
the senatorship from the twentiet
District. and that there was such
vacancy at the time of the issue
( such proclamation and on the 18th da
- Aaroh focf Uhap rho QlQrri0a " !