The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1910-01-21

+ therefore, change OF place for a ten
I Eorary purpose. with an intention Z
return. is not a change OF residenc
+ or domieils."
E This is an authoritative declaration
r Of our Supreme Court. that the tern
: residence" when applied TO subjects
Of domestic policy is equivalent Il
J "domicile' or citizenship; and that tn,
: mere change Of place of dwelling. fol
whatever length of time. with an In
tentiOn to return is not a change OF
residence"
Surely, it was never contemplated
by our constitution that a person, by
merely dwelling in this State for 5
years. but having his citizenship and
domicile in another state, would rem
der him eligible to hold a judicial
office here. On the contrary, II his
domicile and citizenship are here, his
mere dwelling elsewhere would not
effect his eligibility.
In Hascall VS. Hafford, 1O7 Tenn, 1t
is said that a mans domicile is where
he has his true, fixed and permanent
home, and to which, whenever he is
absent. he has the intention Of return
ing"
In Stratton VS.. Brigham, supra, our
Supreme Court said:
He who stops for a long time In
a place, for the management of his
affairs, has only simple habitation
there, but has no domicile'
1t has so often been held by our
Supreme Cortland the principle is
almost universal-that in order to
change ones domicile. there must be
not only an actual change of his dwell
ing place, but such change must be
with fixed intention to abandon the |
old and acquire a new domicile, or
residence, the equivalent of domicile
In this case.
See Foster VS.. Hall Hump 348.
Allen VS.. Thompson, II Hump $50.
White VS.. White, 8 Head 40
Williams VS.. Saunders, Cold 70.
As said in the very recent case OF
Sparks VS.. Sparks, opinion by Judge
Shields, 6 Gates 666.
If the absence from the domicile
Of nativity or an acquired domicile is
and there is all the while
4 fixed and definite intention of re-
urning there is no change and no
lew domicile is obtained"
1t is further held in that case that ,
citizen of Tennessee, removes him
'elf and his family out of the state,
or any purpose, either for definite t
II an indefinite time, but with a dis t
met and fixed purpose of returning I
o his home in this State; and who, t
" discharging the duties of tax t
aver OF the State and exercising the t
privileges of citizen, manifests his q
Intention to retain his citizenship and f
omicile in Tennessee, he does not f
use his citizenship in Tennessee
asses could be multiplied indefinitely Ii
} the same effect. II
| conclude therefore, that you have 7
ever changed your domicile, or citi- ii
enship from Maury County; and that
our residence, within the plain and
vident meaning of Sec of Art 6 of
lie Constitution of Tennessee has
cen in Maury County all of your life. :,
Yours truly, :,
E. H. HATCHER.
We concur in the above.
GREENLAW & WHITTHORNE.
VIM J. WEBSTER.
| hardly deem it necessary for me
enter into an exhaustive defense of
y citizenship before the people of se
aury County. Forty odd years ago,
mid the clash of arms, the shock of ~
squadrons, and the deep o'
oming of the artillery, that shook the III
Try walls of the home that sheltered ca
e, my eyes first opened to the light ye
day, within the confines of this po
unity. From that hour up to the III
esent time ! have called this home. CO
y ancestry have been connected with Isl
e traditions of your people from W.
e time whereof the history of Maui III
County runneth not to the con-
lry" 1t is here that | have grown ou
manhood 1t is here that l have I'd
ent the happiest years of my life. ieS
I'd it is here, that when / come to 'n
1ss the Great Divide" l hope to na
st beneath the sod upon which my ne
es first opened. pr
It is a fact as most of you know, uu
1t for several years my business has "
led me to a neighboring state 1t ueI
also a fact that | can establish be- cn'
nd the shadow of a doubt, that it $40
) never at any time been my inten- y
n to change my citizenship, or to cdi
we permanently from this county SUI