Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-26
Who is ELIGIBLE?
MAY LEGAL RESIDENT OF
STATE BE COMMISSIONER
Do Old Registration and Payment Of
Poll Tax Constitute Claim Of
Legal Residence7

Discussion among the lawyers Of the
city over the question of the eligibility
Of Mr.. ]. J. Hemphill to be District Com
missioner develops that there are two
questions involved: a. Does actual resi-
dence in the District for three years prior
to the appointment qualify, even II a
legal voting residence has been claimed
elsewhere during that period? (2) Does
permitting ones name to remain on the
registration lists by virtue of an old reg
tstration and paying the annual poll tax
along with other taxes constitute claim
of legal or voting residence in the state
where one is registered and the poll tax
Is paid?
AS already indicated in The Star. the
opinion on the first question among the
members OF the local bar is almost unani-
mously in the negative. The statute is
viewed as requiring both actual residence
for three years in the District and the
absence Of q voting or legal residence or
the claim of such residence elsewhere in
that period. The reasoning on this point
in condensed shape is as follows:
''In constituting a law that Interpretation
is placed upon 1t which will give mean
ing to all its provisions. II the word
residence in the clause which prohibits
claiming residence anywhere else within
the three years Is construed as meaning
actual residence this clause is surplus
age and meaningless, for the previous
requirement of three years actual resi-
dence' In the District would not be met
If actual residence elsewhere than the
District had been claimed during that
period. The requirement of three years
actual residence includes the prohibition
of claim OF actual residence elsewhere
during that period. and the addition of
the prohibition to the requirement merely
statute books without adding anything to
the force and meaning of the law. II,
however, the residence which Is not to
be claimed elsewhere is legal or voting
residence instead of actual residence,
both the requirement and the prohibition
have separate force and meaning. This
construction Of the statute, which is the
one that has always been given to 1t
since II was enacted, is thus In accord
with the principle that the law should
be so construed as to give meaning to
all it's provisions. and 1T also gives effect
to the known intent Of Congress to re-
quire as condition of eligibility to a
District commissionership that degree of
which is indicated by both actual and ex-
elusive legal residence therein for the
three years preceding the appointment" :"
On the second question. as to whether
permitting ones name TO remain on the
registration list and paying the annual
poll tax necessarily constitute In them
selves alone a claim of legal residence,
there Is more difference of opinion,
though only comparatively few of the
lawyers take the negative side of the
question Nearly all who view the reg
istry and poll-tax paying as constituting
an undeniable disqualifying claim of le-
gal residence are friends and admirers OF
Mr.. Hemphill. who regret that he should.
in their opinion, be disqualified from an
Office which he would. they think. admi-
rably fill. There are. however, some able
LAWYERS who answer this second question
In the negative and contend that the acts
specified do not constitute claim of
legal residence in South Carolina. Mr..
j. ], Darlington. for instance. said on
this point: 1T would be rather far,
fetched Interpretation of the law to hold
that paying a poll tax was claim of
residence somewhere else. There may
be various incidental advantages of q
man paying his poll tax in state in
which he owns property quite indepen-
dent of any claim OF residence.