The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-10-22

district, and With knowledge % these
provisions Of the law Mr.. Williams was
charged az tho time ne voted.
The legislature Of Mississippi pro-
yided, as required BY Section 2l2 OF
the constitution Of Mississippi, for The
registration Of all persons entitled 10
vote at any election (HemmlnRways
Annotated Mississippi Code. Section
otAl ct sea- and among other proyi-
sions, required the voter 10 take and
teoscfi6s "use oath prescribed by Sec
lion 2i2 OF the constitution" which
oath II IL not denied Mr.. Williams took
and subscribed TO at the time he res
tstered, the oath declaring, among
other things. the following:
Il, J. j. Williams, do solemnly
swear that ! am q years old and that
will have resided In this state two
Ing as's election next pG sSd an me move sn'q IN
good faith a resident Of the same
that will faithfully support
the constitution OF the United States
OF the state OF Mississippi, and
viii bear true faith and allegiance to
the same. So help mo God"
Mr.. Williams has been quoted as
stating that The oath he subscribed
declaring himself I'm good faith a resi-
dent' of Mississippi In order TO become
a registered voter and entitled to ex-
etclse the great franchise in an elee-
u9n ~ Mississippi wat ''peffanctory =
whereas the oath, according to the
lrarlcrs Ct the Constitution 81 Missis.
sippi was declared fundamental and /
apprehend when the question arises III
our supreme court, II II ever does, that
tribunal viii hold with the trainers OF
the Constitution Of Mississippi that the
q { WAS fundamental rather than with
MT Williams that was %perfunetory.
haVing registered and having sub
scribed TO the oath, Mr., Williams be-
came a qualified elector In Mississippi.
ana thereafter elected 10 exercise the
right 10 vote IN O legHlized election
IN that state, II he swore, consciously
o. u1consciously, falsely that ne was
q resident of Mississippi when in fact
he was not, and the law will presume
b he knew the nature Of the oath
which he made and 10 which he sub
scrlbed, then he wal not legally quail
fled 20 vote, and that being true, the
law OF Mississippi provided (Hemmlng-
ways Annotated Code, section sAsl
that ANY person who shall vote at any
election not being legally qualified shall
be fined not exceeding 5000 or be inn
prtsoned IN the county jail not more
than six months, or BOTH
In my opinion the declarations Of Mr..
Williams that he intended 10 %temporari-
" reside IN Mississippi without n
purpose to surrender his domicile in
Memphis viii not be permitted to over
come his action IN taking with him to
Mississippi his family and giving up
any residence In Memphis, In maintain
ing his home. In Mississippi for a num-
Der Of years, In taking the oath of bona
hde residence in Mississippi. In exer-
c,sing the elective franchise In that
state, but our court viii doubtless de-
cline ~ permit him TO qualify himself
to hold the office of mayor OF Memphis
~ Insisting tina bis statements under
oath to the registration officers OF
Mississippi were ~perfunctory and false,
and that he IN contrayentton Of law,
f%raudulently voted In a Mississippi cleo
tlon. Our court win probably not up
hold, indorse or encourage any such
trifling with the election laws Of a sis
ter state as Mr. Williams nov, for am
paign purposes In Memphis. confesses
he was guilty Of Ia Mississippi
The test OF residence, where there has
been removal from one state to an.
other. involves three essential Inquiries,
to.wit: a. Has there been abandon.
ment in fact OF the old domioile; (2l
has there been residence IN the new
locality. and (Sl while in the new To-
cality was no without present intention
OF remaining therein?
sharp vs., MdIntyte, 2 Colorado; %.
ilascall VS.. Hafford, l67 Tenn. '355.
Southern m " On. w Mcdonald
| 0h Ann Tenn'S. 81 s W.. 40,
peonle va irnrpln. lip Pacific. $50,
"A /, n A. 76G
In ma raaA of Mr. Williams, we have
his -abAndonment az ths old domietie in
| Msmnhis IVA haye his residence IN Mis-
sIssinni WHARF he engaged fbr nnproxi-
mately ak q III farminF, owning
nnd nSaintaInIny ihere Il home and hay-
INC Win MIN Ina iainIiy. and there can
hes dnuht onIv a. 10 his intention 10 re.
main there While IN Mlanlapippi he
mada No effori io vote n Tennessee
and notwithsInu dina his present dec.
Iaratinns thaJ Nh ihe whilk he Intended
IL return so,natiyne fo Memnhis Ia live,
ID NV nninlop Tint hIa actions DE-.
tsIIed he~reinhsfora win IN held to out
,vcish nls nresent aacIa fationg, and his
~nelIgibIItv 10 hold the office 81 MAYOR
vii Follow
'rbe iacis and princlples involved in
uas rsll ys IJafford 10T Tenn. sss,
citad Nv Mr. Williams IN support of his
ei,gihiiii ARC readily a~istInnuighable
ron, those involved in bis odss. II was
found that Hnscall came TO Tennessee
70 aNal hnls.u VI stmaoaasu r,,a.h ths