The Washington herald., 1914-06-27

should be on the outside (of the ofhce)
when he does 50"
The prevailing opinion among lawyers
| is however, that the law was rather
loosely drawn, that its intent II mot 20
oust an oficial pending appeal 1t was
pointed out that by the word Judgment
must have been meant a perfect tudg-
ment. or one that has stood every test
allowed by law.
Mr.. Newman did not remain In court
to hear the verdict His attorney. Jack
son II. Ralston. waited to receive II
Guilty OF usurping the once Of Com
missioner" was the peculiar form Of
the verdict.
The jury's return seemed very popular
in the crowded court room and the mo-
ment Foreman William A. Rimmel de-
Iivered 1t e few spectators started to
applaud in various ways. but Judge
Gould. by . look, put an end TO that
Spectators Were EIated.
Spectators were tickled over several
sharp coIioquies between Attorney Raj
ston and former Senator Joseph Bailey.
OF Texas, Of counsel for Mr.. FrizzelL
Mr.. Bailey referred to Mr.. Ralston's ref
erences to him as attempts TO be funny
and said he had decided to pass over
them because Raiston trying to be
funny resembled an elephant attempting
to play"
Justice GouId's charge to the Jury was
so satisfactory to counsel on both SIDES
that no exception was taken to II. The
court said in part: "A single question
Is presented for your consideration. ana
the question you are to answer Is pam
" stated as follows: Had or had not
the respondent, oliver p. Newman, been
an actual resident Of the District OF CO.
lumbIa for three years next before his
appointment as Commissioner
The term residence as used In this
and similar statutes, means a settled
abode for an indefinite time. II stgni-
fies a persons home and principal es-
tablishment. the center of his interests.
to which whenever he is absent he has
the intention of returning. To reside In
a place is to abide or dwell there for a
length Of time as contra a-distinguished
from a mere temporary existence in a
locality.
Term "ActHaI" Defined.
The word actual as used in con-
nection with the word resident in the
statute, under consideration, / under
stand, requires the residence to be more
than what's termed q legal or construc-
ter may be thus stated: I am q regis
tered voter and citizen Of the State Of
Maryland, having complied with all the
laws Of the State in reference thereto.
/ have a legal residence in the State.
hy duties here require my personal
presence in this District. and / have a
home here. wherein l spend all my time
except such as I am afforded for pur-
poses of rest and recreation which !
ena in rpla nd
dent OF the District of Columbia.
Now. take IL the purpose of the act
in question was to require that the civil
ian Commissioner should for three years
prior TO his appointment have been a
resident of the District in both senses.
He should have been a legal resident
and an actual resident, so that in addi-
ton to his mere legal claim of residence
he should also actually have resided
here for the period of three years
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. II is entirely
consistent with this construction of the
law that he might have absented him
self from the District during said three
years for reasonable periods. either for
business or pleasure, provided there ex-
listed in his mind the intention to return
anu COullHuE the As MS ECIuAl
place Of residence and not to make an
other Jurisdiction his residence, that is
his home and abiding place and the CEN
ter OF his activities, to the extent of
abandoning his actual residence in this
District. and provided also that his ab-
sence therefrom was not of such dura-
ton and character as to destroy his
residence.
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.
Hts IntentIon q Factor.
First. did he leave with the inten-
ton Of returning to the District; second.
II he had such an intention OF returning,
was the length OF his absence and the
character Of his activities while absent
such as to occasion an abandonment OF
his actual residence in this District.
have stated that the term actual residence
permits absences for a reasonable period.
for pleasure or business
Was the absence Of Mr.. Newman be-
ginning July. 1911. such as to indicate to
your minds under all the circumstances
an abandonment Of his actual residence
here.
IF either of the above facts are es-
tablished in your minds by a preponder-
ance of the evidence viz: that he had
not an intention to return, or that his
absence was of such a nature as to n
dicate an abandonment Of his actual res |
idence, then your verdict must be for the !
relator. II you believe from the evidence |
that he left this District In July, 1911, |
with an intention to return and his ab-
sence and activities while absent were 1
not such as to indicate an abandonment |
Of his actual residence here. then your |
verdict should be for the respondent, |
Mr.. Newman.
Each side was allowed an hour for argu- !
nent. The case was given to the jury |
II noon and the verdict was returned l
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