Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-06-26

would probably be heard to dispute the
statement for Mr.. Newman took his
ONCE from him without color Of right and
in a manner declared by the courts to
have been Illegal"
Mr.. Bailev also attempted to cite the
case Of Andrew J. Sullivan. deputy hre
chief, as another act of injustice on the
part Of Mr.. Newman. Attorney Ralston
objected. declaring Mr.. Newman had tax
en- no part in the Sullivan controversy.
Mr.. Bailey then withdrew the statement
with the remark that one act OF in
justice was sufficient.
Bailey declared it to be his opinion
that the fact that Mr.. Newman left
his wife In Chicago. city the com.
habitation." while he travelled during
the campaign, taken In conjunction
with the fact that Mr. Newman's name
appeared in the city directory of Chi
man had abandoned his residence here
The testimony of Mr.. Siddons, the
speaker declared. was to the erect
that Mr.. Newman had sent his wife
to this city to establish his home
here"
Can you re-establish something that
has not been disestablished?' the
senator inquired of the jurors.
Ralston as to where he could claim
residence II he ever again stood for
reelection. Mr.. Bailey declared he had
voluntarily resigned from the Senate
and had no wish to return to Congress
IT would not have seat in the Sem
ate again If they would give 1t to me
for life and permit me to bequeath it
to my son. said the former senator
Rejects Prayers for instruction.
Justice Gould. at the converting OF
court this morning. announced he had
decided to reject all the prayers for in
struction to the jury asked on both sides.
He declared he would embody the Ia"
as he viewed it In the charge which he
would give to the jury.
As to the law on the subject of inten-
ton. Justice Gould said he would tell the
Jury: "A single question is presented for
your consideration, which is raised under
the following circumstance what Is
called the organic act creating pernla-
nent form of government for the District
of Columbia provides Tor a commission
Of three persons. one an ofhcer OF the
army and two civilians.
THE petition in this case alleges thdt
the respondent, Oliver p. Newman one
Of the present civilian Commissioners OF
the District, had not at the time OF ms
appointment been an actual resident OF
the District of Columbia for three years
next before his appointment. ME- New
mans return AYERS that he had been sucn
resident And the question you are 10
answer is plainly stated as follows nag
or had not the respondent. oll'er
Newman, been an actual resident OIL the
District of Columbia for three years next
before his appointment as Commissioner.
The term residence as used IN TINS
md similar statutes, means settieo
abode for an indefinite time IL slsni-
.,es a persons home and principal estao-
lishment. the center of his interests. to
which whenever he is absent ne mas
the intention of returning. 10 resloe
in a place is to abide or dwell there
for a length of time as contra-dls-
tinguished from mere temporal! eA-
istence in locality.
Defines Term actual"
The word actual as used in con-
nection with the word resident in the
statute under consideration. I under
stand, requires the residence to be
more than what is termed a legal or
constructive residence. An example of
the latter may be thus stated: 1 am
registered voter and citizen of the state
of Maryland. having complied with all
the laws of the state in reference there
to. l have a legal residence in the
state. My duties here require my per-
sonal presence in this District, and
have a home here, wherein / spend all
my time except such as l am afforded
for purposes of rest and recreation
which 1 spend in Maryland. 1 am an
actual resident of the District OF Column
bia.
Now. take it the purpose of the
act in question was to require that the
civilian Commissioner should for three
years next prior to his appointment
have been resident of the District in
both senses. He should have been a
legal resident and an actual resident,
30 that in addition to his mere legal
claim of residence he should also ac-
tually have resided here for the period
OF three years "a
This does not mean, however, that
he must have been physically present
in the District continuously and at all
times for the said three years. 1t is
entirely consistent with this construc-
ton of the law that he might have alb
sented himself from the District during
said three years for reasonable periods.
either for business or Measure. pro-
vided there existed in his mind the in
tention to return and continue the Dis
trict as his actual place of residence
and not to make another jurisdiction
his residence. that is. his home and
abiding place and the center of his ac-
tivities. to the extent of abandoning
and provided also that his absence
therefrom was not of such duration
and character as to destroy his resi-
ience.
THE essential question in this case is.
Did the act of Mr.. Newman in leaving
the District for the city of Chicago un-
der all the circumstances developed in
the evidence amount to an abandonment
of his actual residence here? In deter
mining this two factors should enter into
your deliberations.
Intention to Return, Factor.
First, did he leave with the intention
Of returning to the District Second, if he
had such an intention of returning, was
the length of his absence and the charac
ter of his activities while absent such as
to occasion an abandonment of his actual
residence in this District. I have stated
that the term actual residence permits
absences for a reasonable period. either
for pleasure or business.
Was the absence of Mr.. Newman be-
ginning July. 1911. such as to indi-
cate to your minds under all the cir
cumstances an abandonment of his ac-
tual residence here.
If either Of the above facts are es-
tablished in your minds by a pre-
ponderance OF the evidence viz; that
he had not an intention TO return. or
that his absence was of such nature
actual residence. then your verdict
must be for the relator. If you believe
from the evidence that he left this
District in July. 1911. with an intention
to return and his absence and activi-
lies while absent Were not such as to
indicate an abandonment of his actual
residence here. then your verdict should
be for the respondent Mr.. Newman
The burden of proof IS upon the re-