The free lance. (Fredericksburg, Va.) 1885-1926, 1905-11-04
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Reply TO Mr.. Bryan'S Article Question
ing DuyaII'S Eligibility.

Referring 20 an article signed by Mr.. e.
\. Bryan. which first appeared III The
Free Lance oct. 3lst, 1905. and IN which
Mr.. Bryan claims that he has the opln
ion OF eminent counsel, verbal and III
writing. To the effect that X. T. Duyall
is ineligible To hold office IN Virginia, the
writer wishes 10 point out that TIN
article referred to shows that IN his let
ter TO Mr.. Duvall dated Oct 2llh, 1903.
Mr.. BRYAN enlarges considerably on the
facts set forth IN tho letter OF John {.
Black. president of the Civil Service Com
mission. 10 Mr. Bryan. which letter Is
quoted in full in said article. No doubt
that on Mr. Bryau's statement OF facts
eminent counsel have given such an opIn.
ion: however. no lawyers opinion l. OF
any value unless il j. based Oh IA correct
statement of tile facts oi the case On
which il applies.
ASKS We'll known. Robert J.. Duyall
was born and raised IN Virginia and
since his childhood hi- home has been at
Brlliair Mills. Stafford county. where he
and the other members Of his family own
"A farm. mill and other property. la th.
early part of thr year 1908 be- engaged
IA a partner in a lumber business which
necessitated his being away from lis
home in Stafford the greater portion oil
the two following Year,; during tins
time he looked after The business inter
ests OF the concern OF which be- WAS "A
partner In Alabama and other States,
probably spending most of the time IN
Alabama. During this period he return
ed 10 his home in Stafford whenever and
~ often a. business would permit, al
WAYS claiming and considering Stafford
his home. paying his capitation aud
other taxes IN Stafford as they became
due. and his name n d voter remained
and still il on thepoll-bOoks OF his voting
precinct in Stafford Lest spring. bust
ness permitting. he returned 20 Stafford
and has remained there ever since.
Temporary absence from aplace where
one has "a home. and still claiming that
n his home. paying his taxes there and
intending 10 return to that place 10 re-
side, certainly does not deprive oneoi ms
rights ~ a citizen there.
Mr.. Bryan cites the provision oi the
Virginia Constitution. which requires
residence ia Virginia two years, IN the
county twelve months and in the precinct
for thirty dayH uext preceding the election
as prerequisites 20 voting. Under the
construction which hcputs on thisclause.
if Mr.. BRYAN were 10 leave his precinct
thirty DAYS before an election, remain
away on a visit or business for thirty
DAVIS. and return on election day. he
would not be allowed To vote. This Is
too absurd TO Herit discussion.
Ii Mr. Bryan really believed that Mr..
Duvall is Ineligible 10 hold office in Stat
ford. he could take advantage OF this
aud knock Mr.. Duvall out at the time he
offers to qualify, in ease (Duyall) receives
a majority of the votes.
II the purpose of Mr. Bryanin inserting
that article in the paper as an advertise
ment and paying for it, was not to drive
votes away from Mr. Duyall, what was
his purpose
Is Mr.. Bryan afraid to submit his
Claims to the office he has held so long
to the vote OF the people, and therefore
urging groundless technical objections
to his opponents candidacy
Stafford Voter.