Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1922-01-11


have stated that Mr. Wallace was
man without family and unmarried.
Where does the law say he resides? In
the case Of Shatuck ". Maynard y.
II. 125. tho court said;
Where a person mas no pcrman
ent habitation or family. but dwells
in different places as he happens 10
fine employment. there can be no
doubt aS 10 the place where he re-
sides. He must he considered *
residing where he actually and per-
sonally lives"
and Senator Wallace actually and per-
sonalIy lives in FRANKLIN county am
tina, is not the 29th material district.
In the case Of Spear vs.. Boston. re-
parted in 1 Mctc. tAiass.) 25O we have
this decision:
Actual nee Is personal
presence in place"
and again i'm Kelsay ~ Green. 80
Conn. 2gl we face this proposition:
Generally the word reside includ
e. al who are the actual Gwcllers
in n given place even though they
may have a technical domicile IL
another place
fin Oniniras co. Justices. M"tc.
,AIassl s>7. this rule Is given ~ tin
hi-h.~t court iu that state:
~Wrcrc 60 is said that one who
las resided used ir regard 4" v'.-
rfs Qualifications. tho latter ir the
Constitution of 500. c"rfno ths
p;~,c sf ,otin- G." vhrr" "n" f1f
his dou;cil. or his place OF ac-"a!
abode"
This question has never l'"r decide"
nv the court ... NuursIs 90 N'utucEE
and section 80 ,.r uu- Constitution has
never been construed o., tHcm. I'm
tl. STAT. ,f l.lo-a.lu ,h, question hat
hcer t-t, mined oy ID. .iurr.m, '"urt
DO tlat state ;h-y have tw" sections
Constellation. ON, pro, iGiu- chat tlr
-ardidat. must Zee AN clrrt'r within
,i,~ district ard the other section pro-
vfd.s that 30" ''nust rosid" 90 th' dis
irirt." and is exactly like oar section
%. FRI the Kentucky Constitution. IN
th. ..S. of People rs. overs. 80 cob.
-.s trfis matter vas decided as follows
"Th. requirement OF section T..
article O.. lr tho Constitution. That
e person Co be eligible To- the ofGc"
or district jualc. shall 40 lilac tim"
al his election Dee an cl"ctor within
th.. judicial district is met by snow
in= that. al III, time oi election. e.
district judge had his domic.le or
LEGAL or constructive residence. as
DISTINGUISHED from his actual ahid-
iu., place within the district"
This was clearly sound as far - .
vent. but then they came T. that pro-
sion in their constitution which H. a.
uctlv Ills. 0ur section 90 in ID" Ken
.uc!,v Constitution. they said:
"a more. difGcult question arises
out OF the alleged violation By de-
PENDANT or section %. article e. OF
the Constitution which says that all
iudiciaI officers provided for IN this
article. excepting judges Of the SUI
prcme Court shall respectively re-
side in the ristrict. county. precinct
CITY or town for which they may be
elected or appointed. The wori
reside" may. and sometimes does,
different meanings in same or dii-
fcrcnt sections of a constitution orr
statutes. bat the direction here.
that Judge shall reside within has
district manifestly was not intend I
ed for his convenience. but for the
benefit ~ the people whose servant
he is. Doubtless one object OF this
section was to compel the officer 20
maintain his residence where liti-
giants mi-.ht eNpediously and with
as little expense as possible nave
accesS o. him FOR the transaction Of
official business. Bearing this IL
mind. IL T., quite correct that resi-
dence here means an actual as dis
tinguishcd from n legal ar c0nstruc
tive residence OF its equivalent.
domicllc: and Il is equally certain
trat thus far IN defendants second
term be has not complied with this
mandatory provision by residing
where 81 commands"
md further on in the saoe opinion
n. court said
The fact ;hlt IL Is found in t!e
Constitution and that IL is manda-
toiy-aud az persons viii conceive
hat il should be obeycd-is suid-
cirnt Justification for this feeling.
ina So. Gentlemen of tho senate. DO
hat is the law relative to the jud-" Of
, court who. 10y the very notur" of his
,nsi, ion. must hold himself 1l"ft from
he people to certain extent ard
.liotiII not discuss matters freely with
iticauts. is it not more applicable 6"
he position Of state Senator WHOSE
Iut, II f. 90 -et closely in touch with
H., constituents and ,o know them ard
,nnw thcf- rccds. and Do able. truly.
md well. To- represent them rs tErir,
.cnator i'm the General Assembly:
Here is the situation we haVr nov
n MADISON county and in the 29t
enat,riaI district y citizen Of q CD
ounty of Madison is vitaly interested
n bill pending before the lcEislr- Z
,trc. he learns that the Legislature has
diourncd Tor the Weekend 50 u" q.
ONES 70 town on saturday. comes into {
richmond TO see either the senator
rom the district or The Representative /
rom Madison. hc knows that he is sup 4
osed to be represented by two mon {
the General Assembly. He inquiries.
n them at the court house and must ]
e told. "NVhy. neither Of those fellows
YES harc one OF them lives in Lexins
m and the other lives in Frankfort
on won't be able To sec either Of, c
lem" Then the citizon asks very S
artinent question indeed. lie asks. Il
-hy? He is entitled TO an answer TO c
lat question. Gentlement OF the SEN c
e. SO what IS your answer to him? II
Has il not become perfectly clear TO y
,u that the law is settled and GER
In in it's terms and meaning with