Evening star., 1915-01-04

the stasutoey rsqufrsrnsneb M ~ eseo
attending ths paFt10ulaR 0sA sW aktsA
ton has bsen called - - seaGues psQ
eH1hdnG Tie auAll0nna1oao - Q perUuo
for ap0ctnement o. sasce3oa - IN o6ne
Wners the re.tSictSoos Ars % great a
nara II requires not msrsly . residence.
z domjciia. Q legal o. oeustructive resis
dence. but II requires actual residence
Every reason exists tor this restrictive
statutA A. to most ofioers In The Dis
u1ct there fs no such lin3tation placed
upon the appointing power they may Be
selected from the country aS large; but
the Commissioners are tho chief executive
and administrative officers a the District,
and they also leEislats for the Distric3
In those matters specially deleeated b.
Congress-
IL was. therefore important TO pro.
vide some Limitation upon the appoint.
lection of men for this position who
had resided In the District long enough
70 become acquainted with its needs
and anairs. To what does the conten-
tion OF respondent logically lead?
III actual residence means more dom.
icile or legal residence established ny
sixteen months habitation in washing
ton. continued thereafter for a lapse of
sixteen or twenty months by the mere
intention OF the party to return, tho
same mental concept might hold DOM
icile or legal residence for three ten or
thirty years: for time in retaining
domicile. so long as the intention to re-
| turn exists, Is not material This would
defeat the evident intent OF Congress
1T would foist upon the people Of thu
District person totally unacQuainted
with its affairs II the will OF Con-
gress Is to be thus ignored. better ap-
point a person coming under the sec
ond Limitation of the statute. who had
actually resided here for three, ten or
| thirty years. but who had claimed
else hmS,, ano In the
| would be better subserved.
| Congress must be imputed with
knowledge of the fact that Washing
ton is at all times inhabited by a largo
| population. who maintain their local
| residences or domiciles In the state
| from which they. respectively. came.
! This is true largely of the vast army
of federal Office holders.
Intent Of Congress.
We think the intent of Congress,
therefore, to be that a person ap-
pointed to the office of civil Commits
sioner shall have. for three years, at
least, prior to his appointment. lived
and had his home within the District.
OF course. this would not restrain him
| from leaving the District temporarily
on business or pleasure: but he must
| have at all times a fixed abiding place
to which he returns. and which Is. IN
fact, his home.
1T will be observed that, in consid-
| ering the law of the case, we have con-
ceded to respondent all that the evil
dence, in Its most favorable aspect. inn
plies. The issues of fact, however,
were submitted to the jury by ample
instructions. 1t was left to the jury
| to determine from the evidence
whether or not respondent, when he
left Washington to go to Chicago. had
a definite intention to return. In de-
| termining this fact, the jury had be-
fore 1t evidence from the lips of re-
spondent that no place of abode was
left behind; what he did toward estab
fishing a fixed place of abode in Chi
| cago: the character of work in which
he was engaged; the fact that prior to
| coming to Washington in 1911. he had
| not remained in one place for any
great length of time, and the circum-
stances attending his residence in Chi
| cago. 1t was also left for the jury to
determine from the evidence whether
| respondent retained such an actual
| residence in Washington during the
entire three years prior to his appoint
ment as would meet the requirements
| of the law as given 1t by the court.
The verdict was against respondent.
Hence, upon the issues of fact and the
reasonable inferences to be drawn
therefrom. II is conclusive so far IS
| this court Is concerned.