Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1908-06-12

Encyc, Of Law, Vol. "a, page 692, ct
; seq. defines the word reside" as fol-
lows: ITO dwell permanently for a con
siderable time; to have a settled abode
for time; to abide continuously; to
have ones domicile or home; to remain
for long time" Such author also
further says with respect to residence
there must be a settled, fixed abode
or intention to remain permanently, at
least for time, for business or other
purposes, to constitute a residence"
and also as follows: "A resident of q
place is one whose place of abode is
there, and who has no present intention
of removing therefrom." Such auth
or also says on page 700 Residence
and citizenship are by no means synony-
nous terms one may be aresident with
out being a citizen. and the author
cites a great number Of cases to sup
port the text Of this last statement.
Therefore, as interpret this law, one
does not need to be Citizen" or an
''elector" of the State of Idaho before
he is qualified to sign petition of this
nature. The purpose of the law APP
pears to be that if a majority of the
patrons of a school residing in any dis
trict, desire to be united with another
district, that an order may legally be
made regardless of whether or not they
are "citizens" or electors" of the
State of Idaho. The interest of the
parent who has children attending
school would be just as vital, and he
would be as deeply concerned in the
proposed adjustment of the school
district if he had just moved there, as
those would who have lived there a
great number of years. The law ap-
parently demands the consent of a
majority of the parents; that is, heads
of families" to be affected by the
proposed order; and in the case onder /
consideration, the interest of J. B. /
Walter and D. O. Stiles and of La
Fayette Stiles in his life time, who had .
been residents of said school district I
only two or three months, is just as .
real and just as vital as the interest of .
those parents who have resided there
for a great number of years. | think
this is the purpose and intent of this
law. The plaintiffs also object to Mr..
Lafayette Stiles being considered COM
petent and qualified to sign this petition
by reason of the fact of his death since
he signed it. do not think this claim
to be well founded in law by reason of
the fact that this petition asking for the
of said school districts
must be filed in the office of the County
Superintendent on the 18th day of the
month preceding the regular April
meeting of the Board of County Com
and if at the time the petit
ton was so filed with the County Super
ntendent the jurisdictional fact existed,
that is, if a majority of the heads of
families residing in said district had
signed such petition, no circumstance
hereafter could change this jurisdlc-
.ional fact when it once attached and
became valid. The plaintiffs also main
ain that in as much as the wife of one
Guy Worden has a homestead entry
without the boundaries of said school
district, that perforce said Worden is
lot legally qualified to sign such petit
ion. This contention is surely not we'll
ounded in law, for if said Guy Worden
5 the head of the family and that fam
ly resides within the boundries of
school District No. l, he is qualified to
ign such petitions regardless of the /
act that his wife's legal residence
night be somewhere else. | therefore r
old that all of the signors of said petit
ion, in School District No l, were leg
lily qualified as such signors. The i
laintiffs assert that married man by 1
he name of Mozart, who owned land h
-ithin said school district, was not
gnor on said petition, and that his
anne should be considered in ascertain
g whether or not a majority of the -
eads of families residing in said dis =
let had signed such petition. 1t ap- il
ears that Mozart was absent from a
id school district for a year and a I
If prior to this time; that he was not Il
said school district or in this State at c.
e time said petition was circulated in =
id school district, or at the time it :;
as filed with the County School Super Z.
or when the order was made II
the Board of County Commissioners. la
cCart returned to this state two or tt
rec weeks ago, about a month after
e order was made by the Board, and
stad here but few days and again A
It for the State of Wyoming; but v,
pressed his intention to again return Nj
his land within said school district. =
I'm not inclined to the view that Nc W
rt must be considered a resident of IN
id school district for the purpose of
: petition in question here. The pre- Ar
s lox,- -, - W