Evening star., 1920-01-16
RESIDENCE CLAUSE
/. OFFERED AS BAR
T0DR. VAN SCHA|CK
w. Nick. Clayton Files Brief
with Senate District Com
mittee for Citizens. .

In a supplemental brief filed with
the Senate District committee on be-
half of the Brightwood Citizens AS
sociation in opposition to the con-
frmation of the nomination OF Dr.
John Van Schaick, jr., as District
Commissioner. William NICK. Clayton
charges that DR. Van Schaick did not
give up his voting residence in New
York state three years ago, and that
this makes him ineligible for appoint
ment as Commissioner.
The brief points out that under the
act Of 1878. providing for the appoint
ment of the District Commissioners
it is stated that an appointee must
have been an actual resident Of the
District for three years prior to that
time and must not have claimed resi-
dence elsewhere for a similar period
thousands of District of Columbia
residents" says Mr.. Clayton in his
fy under the three years actual resi-
dence clause are barred under the
second provision, and barred by main
tanning voting residence in some
one of the states.
Barred by Residenceship.
1.-The claim is here made that John
Van Schaick. jr, is not only barred
by not having been an actual resident
Of the District of Columbia three
that he Is further ba rred by claiming
residence elsewhere than in the Dis
trict of Columbia within three years
next before his appointment.
Your objector says that said John
Van Schaick, jr. established. some
twenty-five years ago, a voting resi-
dence in Cobleskill. Herkimer town
ship, Schoharie county, state of New
York; that he has maintained the
same ever since. and that he is today
a duly qualified and accepted voter
| in the voting precinct of said town in
which his residence is established.
Attention of the committee is in
vited to a signed pencil memorandum
John Van Schaick, jr., which reads:
"T have not voted or registered
within three years
"This signed statement is not only
disingenuous. but it seeks to convey
information calculated to mislead.
"He has spent. over two years of
the three years preceding his appoint
ment outside the United States. Since
his return, in July. 1919, no registra
ton or election has been held in the
state of New York. of which he is a
citizen and in which he votes
He voluntarily withheld no vote
or registration during that period Of
time, for either no opportunity was
sence beyond seas precluded it
Voting Residence Obtains.
"If he voted in November. 1916. or
at any preceding or subsequent cleo
ton he remained, and remains, a duly
qualified voter until his name is
stricken from the polling list. and
this is done only upon his own re-
new registration requirements, and
until this happens he continues to
claim residence elsewhere than in
the District of Columbia. and is. there
fore, barred from the Office of Com
missioner Of the District OF Columbia
by the act Of 1873.
1.-THE bar may even be~raised high
er, for the declaration of an inten-
ton to vote. the payment OF poll
tax, the listing Of the name at a
primary election without ever an ex-
ercise of the franchise would be
claim of residence sufficient to ex-
clude under the act Of 1873.
"As matter of fact, has it ever
| been the mind or intention of said
John Van schaick. IT, 5r;. to &c claim rn,,o or
skill. Y, as his home?
spent Sometime in Kansas.
LAS teacher in early life he spent
several years in western state-
Kansas. we are informed-but he then
claimed and maintained New York as
his home. Then as minister Of the
Universalist Church he served the
pastorate of church OF that de-
domination non lin in the District Of Colum-
bia and sojourned therein, but ne
Continued, and continues, a citizen OF
the state of New York and exercised
and continues to exercise from time to
time all the privileges and rights OF
duly qualified elector Of that state.
He might have. fulfilled the pulpits
Of a score Of churches in as many cities
and had his domicle during his various
pastorates in each of those cities, but
his home and voting residence from his
expressed and happy choice would have
been, as he has kept it all these years
down to the present day. 'Cobleskill.
n. Y
Van Schaick. jr., more clearly sustain
ing this contention than the production
as evidence in this case of the stationery
useo by him in his official and social
Correspondence. The printed and
stamped address on both paper and
envelope appears and reads:
":JOHN VAN SCHAIK, Jr.,
'Cobleskill.
TIew York. = ,,,,.