Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-24
LAW IS CLEAR
ON ELIGIBILITY
Provisions of the Statutes Re-
garding District Commits
SionerShipS Interpreted.
LAWYERS AGREE AS
TO RESIDENCE CLAIM
Hemphill Barred If He Has Been
Paying Poll Taxes.
THAT DECLARED DECISIVE
Intention of the Trainers of the Law
Hemphill Barred If He Has Been
Paying Poll Taxes.
THAT DECLARED DECISIVE
Intention of the Trainers of the Law
Was to Have Bona Eide Residents
of District Selected.

.'The two persons. appointed from civil
life shall. mt the time of their appoints
ment. be citizens of the United States,
and shall have been actual residents of
the District of Columbia for three years
next before their appointment. and
have. during that period, claimed resi-
dence nowhere else"
This clause. stating the qualifications of
the office of District Commissioner, taken
from the act of Congress providing a
permanent form of government for the
District. together with the report that j.
j. Hemphill. who is mentioned as one of
has paid his poll tax regularly in South
Carolina, has created an almost universal
opinion among local members of the bar
that Mr.. Hemphil is ineligible for the COM
nissionership. A reporter for The Star
talked with many lawyers OF the city
today and with only one exception all
of them expressed the opinion that pay
ing poll tax in a state was equivalent
TO claiming a legal residence there, and
that it would render the person who did
it Ineligible under the law.
AS many of those questioned were per-
sonal friends of Mr.. Hemphill they did
not care to be quoted. and, in giving
their opinions. said that they regretted
that the law excluded him from the
ofice.
Walter A. Johnson's View.
''The fact that man pays a poll
tax" said Walter A. Johnson, sis not
only an indication that he has not sur
rendered his legal residence in a state,
but that he has no intention of surren-
dering 1t.
"As Mr.. Hemphill has resided long
time in the District, his claim of citizen
ship in his state might be attacked in
South Carolina, but the fact that he paid
his poll tax is positive evidence that he
claimed residence there"
One of the foremost members of the
local bar said: Il don't want to express
an opinion on that subject, because 1 am
too good friend of Hemphilrs. In fact,
have already congratulated him on his
coming nomination.
The meaning of the law, however, is
quite plain. Mr.. Hemphill was probably
keeping his residence down there, as he
thought some time he might wish to re-
turn to Congress from South Carolina"
F. E. Mitchell's Opinion.
In my opinion there is absolutely no
doubt that the appointment of Mr.. Hemp
hill would be illegal. and that it would be
in violation of both the letter and the
spirit of the law said F. Edward
Mitchell.
The law is very clear on the subject"
said another attorney. who did not wish
his name used The clause claimed
residence elsewhere is capable of only
one Interpretation. and that is of claim
ing legal residence elsewhere. In contra
distinction to actual residence The pay
ing of poll tax is the strongest kind OF
proof of the claim of legal residence
in the place where the tax is paid.
Actual Residents Wanted.
THE intention of the trainers of the
law" he continued, was to have as civil
commissioners actual bona fide residents
of the District. 1t was for this reason
that the clause must not have claimed
residence elsewhere was included. 9th
erwise almost any of the large number of
government officials who had resided In
Washington Tor three years, While they
retained their right TO vote in their own
state. would be eligible to the commits
sionership.
las the voting in a national election oc-
ours only once every four years gov
ernment official who resided in the Dis
trct for three years and yet voted in his
state at the national elections would be
eligible for the commissionership. if II
depreciation that can be put upon the
clause must not have claimed residence
elsewhere. This clause means that he
must not claim legal residence. All
actual residence is also provided for"