Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1914-03-13
WILLIAMS APPEAL CASE. .
CONTINUED from page Two.) ~

WILLIAMS APPEAL CASE. ~
CONTINUED from page -Two.) 151
was elected and qualified as mem
Der of the common council, he was
a resident and qualified voter n
the second ward of the city, as re-
quired by section 1015-a of the code
in orGer to be eligible to that Office.
He was then and had been for sew
eral years engaged in business both
in the city of Washington and in the
city of Alexandria, but spent much
the greater portion of his time in the
former city. The facts and circum-
Stances which are relied on as show
ing that he ihaa ceased to be a resi-
tlent of Alexandria are in substance,
that in January, 1912, he had COM
Dleted a cottage at Cottage Park in
the county and outside of the city
of Alexandria; that in June of that
year he and his wife went to the cot
tage to live, and were residing there
when this proceeding was commenced,
and that when invitations to or
notice Of his marriage were sent out
in December, 1911, they stated that
he and his wife would be "at home
at Cottage Park" after a certain
date; that he went to and returned
from his place of business in Wash
ington from and to his cottage; that
notices of the meetings of the city
council were left for him at his
place of business in the city of AL
'exandria: ami that he had offered
his residence in the city for sale.
That uncontradicted evidence on the
other hand is, that the plaintiff i
error was thirty-ive years of age.
was born in the city of Alexandria,
and had resided in the second ward
Of that city for more than twenty
years had always voted ana pair
taxes there, including his poll tax;
that he owned a residence in the city
in which he and his mother and 9TH
ar members of her family lived; that
he and his wife, after their wedding
journey, which was in December,
OIL, or in January, 1912, returned
o his residence in the city and mate
heir home there until they went to
IS cottage in the county in June
following: that when he went there
he took with him some Of his books,
one table and three chairs, leaving
the residue of his furniture in his
residence in the city; that while he
mad offered his residence in the city
for sale about year and a half be-
fore the trial, it was with the under
standing that he was not to remove
rom it. if sold, until his apartments
,ver his place of business, for which |
la had secured plans two or three
years before, had been finished. tie
,estific., that he went to the cottage !
with the intention of returning to his !
.esidence in the city and gave as
rcason why he had not returned
earlier as he intended, that his wlfs
Who was soon to be confined wished
0 remain at the cottage. near which |
:er parents lived, until after the
firth of their child which occurred |
bout the 18th of January following !
his proceeding having been lnsti-
-,ed on the 25th of that month. II
'urtker appears that the plaintiff III
,rror attended all the meetings OF the |
.itv council and the meetings OF the
,n>c,ittees of which he was a men,
pr while he was living at the cot
are: that notices Of such meetings
we're always left at his place o!
business before as we'll as after n
vent to the cottage.
It is difficult to give an exact det:-
,ition of what is meant by resident
Or residence" as used in particular
statutes. The meaning OF these
words is to be determined from the
facts and circumstances taken togeth-
ar in each particular case. See th'
cases where what is meant
~ those words has been discussed, as
Ised in different statutes: Pl!son v.
3ushonr, 80 Graft. 20 Va.) 229
229-4O: Long V. Ryan, 80 Graft. u
Val 1879; Lindsay V. Murphy, 76
Va. 42S: Griffin V. Woodford, 100 Va.
t73. 1880; Pendleton v. Com'tn.
ITO Va. 229, 1928.
For the purpose of voting ant hold
i,p office a man cannot have more
than one legal residence. A legal
residence once acquired by birth or
habitancy is not lost by temporary
absence for pleasure, health or busi-