Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1922-11-15

unsupported affidavit shall not be held
conclusive 4!:I as to- any fact necessary to
The question of residence in any
given case is of course one Of fact.
Residence is composed Of two things:
first, domicile; second, intention. The
a PERSONS habitation is fixed without
any present intention of removing there
sent, he intends, to return. These ques-
tons are for determination by the pro-
per election boards. Such boards should
seek to ascertain the actual intention
they moved to ;Willmar,. and their pres
statement think the election board
legal residents of Willmar and entitled
to vote there. The fact that they are
working for a railroad does not dis
seem to me that their employment can
be characterized as temporary The fact
that some OF these individuals have
9 9oD houses or made
dence Of an intention on their part to
select Willmar as. their legal residence.
Similarly, where household goods are in
transit evidence is furnished of an in
tention to adopt W7illmar as residence.
The mere fact that the voters family
does not reside with him in Willmar is
part not to make Willmar his home.
These questions must Of course be de-
termlned by the proper election boards.
! cannot well be any more specific or
ing that it [ were a member of the cleo
ton board and the facts appearing in
your. letter were presented to me in con-
to vote. L should hold such Individual
legal resident Of Willmar.
l RoI1 :nS'1 L. SMITH.
Assistant Attorney General.
not Temporary Emplovmant
Two things are made indisputably
clear by the opinion One: that the ma
ture Of the employment is permanent.
Two: that every man who came here
employment intending to make Will
mar his home. has become citizen of
steal presence Of the husband consti-
dence Of ths married man ma 'es iNT EN-
T!oN and the physical presence con-
stitute the beginning of the legal resi-
dence OF the unmarried man.
Men Denied Registration
number Of men were denied regis
tration on october 81.
Of Willmar were to be denied the right
of the ballot in the First Precinct of
the Third Ward, it became apparent
that I should appoint challeng ger. The
chose to act myself rather than ask
anyone to serve
Men Refused Ballot
- BetWeen the hours of 7 and o'clock
Three Cases in Point
From the number three were selected
as showing arbitrary abuse of authority
by the election board.
THOMAS Rugg, single, voted in Spi-
Ger e last June T. He Hey, vas denied the bal
tiacate from the spcer REGISTRATION
board showing that his name had been
taken from the poll list That is not
AR req rdr e6cept in sites of the
dlyohi county since he was two years
old. He is an orphan, having been cared
for at the Bethesda Homes when small
SO ne has no home other than where he
may be employed.
John L. Husek. unmarried, came from
Olivia, to accept permanent employ
cause he admitted that he had gone
nome to visit he was denied the bal
John Casey married, came from Mar
shall several weeks ago and accepted
employment here. After considerable ef-
fort he was able to rent a house. His
ho9sehold goods arrived a week ago
and his family arrived yesterday after
noon. He was denied the ballot because
his family had not been here thirty
days Is uas a,,taan+ +,o+ ~
man who had gone to visit in his for
mer home since being employed here
and every married man whose family
had not been here with him for at
least thirty days would be denied the
ballot.
Attorney Necessary
these three men later voted, but it
was necessary for them to have the
assistance Of an attorney. Judge T. o.
Gilbert appeared with them. The ques-
tons and answers were taken by court
reporter
The election judges reversed them
selves and allowed Rugg, Hoseck and
Casey to vote.
Precedent No Good
IN spite of the establishment of the
rights OF the men in the three cases