The Washington times., 1915-01-04
NEWMAN ISL0StR,, -
CUSTER IS UPHELD
Case to Be Carried to United
States Supreme Court for
Final Ruling.
CONTINUED from First Page

/
residing in Chicago.
| Before leaving Washington his
domicile and his residence had been
the same. and. therefore. they may be
said to have been synonymous terms.
After leaving his domicile and his
| residence we're not the same. Tho
| situation had changed.
Not Synony nous Terms.
The terms could no longer lie said
TO be synonymous. His domicile was
In Washington; his residence in Chi.
cago. All that was necessary to trans
fer the domicile to Chicago would have
been his intention to permanently re-
main there. That intention. in conjunc-
ton with the residence already estab-
lished there, would have transferred the
domicile to Chicago, and again tho terms
transfer Of the residence back to Wasn-
ington In November, 1919, or March,
1913. coupled with the intention to re-
main here. would have accomplished the
same results. -
But it is apparent that. during the
residence in Chicago, there was 70
residrIce in Washington in the sense
Of q real place OF abode.
''Wa conclude. therefore that q psr.
and live and abide in an ?the:. and,
while his domicile In that instance may
be' called his constructive or leg al r',s-
idcncc. y is not. in fact. his place Of
legal and constructive rcsidcnas inuy
all be in the same place-the real
place OF abode; and that, we think,
Is tho sort OF residence Congress had
ute 'he requirement. Of ac.1ai 1"si-
dence. as qualification for appoint
ment TO the office Of Civil Comr1is.
sionGr.
Intention to Return Discussed.
"The court submitted to the jury by
proper Instructions the question Of
whether or not respondent, when he
removed from Washington to Chicago
had an intention to return to WASH
inSton. In summing up on this branch
OF the case the court instructed the
jury as follows: III YOU find that he
had the intention to return, if he had
esta ablshed this bona iide residence
here, and when he went away Intended
to return, then, so far as that point
is concerned in reference to his alb
scnce he would be entitled still to be
considered citizen Of ~ District or
Columbia; a resident Of the District
The court then instructed the July
that they would also have TO determine
whether or not. during the period OF
RESPONDENTS absence. he retained an
quifed by the statute. :. 3. e..
This branch Of the case was summed |
up in the following instructions, III
you find that Mr.. Newman has not been |
!umbia. within the rules have laid down |
to you, for three years next prior to his |
the form OF your verdict !
would be that 1.-The defendant is guilty |
Commissioner Of the District Of Column
bia.' II YOU find he has been such ac- !
tual resident for the three years prior !
10 his appointment. the form Of your
Of the act Of usurping the office OF
bia.'
Congress Restricts Term.
The general terms residence and |
doraicile' are Of little Importance here.
since Congress has used the restricted !
term actual resident While there arc |
authorities holding that residence and !
domicile are regarded as synonymous
terms, our attention has been directed
10 no case where the terms actual resi-
dence' and 'domicile, when referring to
different locations. were held to be
anonymous.
THE statute imposes TWO limitations
lpon the appointing power in the Sc
ectioh oi CIVIL Soinnlss!ohefS-tirSt.
person to possess the legal quulifica-
ions for appointment snail have been
~ actual resident Of the District for
hlee years preceding his appointment.
md second. he shall not have claimed
erm actual resident is used to define
,is qualification. and the general limi-
atom, shall have, during that period,
,laimed residence nowhere else to de-
inc his qualification.
eft follows fhot Iho,,ob |
nay have been an actual resident OF
he District for three years preceding
lis appointment. but claimed residence
" domicile or legal residence outside
II the District. he falls within the dis
ualifying clause of the statute. The
onVarse must also be true, that II he
lereiy claimed a donlicile or legal resi-
ence in the District during the re-
urea period and. during the period, |
y q portion thereof. maintained an ac,
ual residence or place Of abode out
ide or the District. made necessary. as
TINS Instance. by business engage
1ents at such place OF abode, he can
ot measure up to the qualifications re-
uired by the statute.
Must Be Actual Resident.
Assuming that respondent did not
lain residence elsewhere, there still |
the statutory requirement that
e shall have actually resided in tho
'lstrlct or Columbia for three Wears
rior to his appointment I
while each case must be dec;.7a5 c
lrEcly upon its own merits. CONSIDER
'g the statutory requirements and
he facts attending the Darticn,sr =
1se, our attention mas been called to 4
o statute prescribing the quali6ca- d
ons OF person for arnoiotment or a
lection TO an office wher, tie 70 il
triCtions are 80 great as hero IL
2quircs not merely a rosiGnrcc {
nich. II might be contcnde.j. mcans :
My a donicilc, legal or a con struc, .
We resiience. but it require actIIsl !,
-
"Everr reason exjs;s for This r "
rictiNe statute. As to mos, oC6oa,s |
tie District, there is no su~h lin. n
alton placed upon tho aDD,intiuc
over. incy, may b. selected from the
'uitry-at- large; b"t The Com,,is
oners are the CHIEF cxeeutivn and G
officers o. ;ne H.
let. and they also lcgislats for ~. Il
istrict ir those matters snec;,uS d
'Iegstec by Congress. IT was. there s
re- important TO provide some i'm I;
l;lon npon the appointing power t,
Mich would insure the selection ~ r,
e!i 20? this position who had resiS. s
On the District long enough to he II
,ne acquainted with its needs AMI Il
la'rs. "''' "
Logic of Requirement. il
&c what does the contention Of re- n