Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1922-03-25

since the Court was so notified, has
testified in Approximately seventy
five cases, should have known that
the spirit and the letter of the law
were being absolutely violated, and l
believe, therefore, that the court
was derelict in its duty in not hav.
ing taken judicial notice Of the sit.
uation, and in not having called to
account such witnesses and the
attorneys who were making apparent
misuse of said witnesses in the
matter of their dispositions.
The record shows that Judge
Moncure, in his private practice,
used a certain witness in thirty-six
cases within period Of two years,
and that according to our tabulation
there would nave been residing t
teh home Of this witness. an average
Of twenty-four people for 4 given
period. To my mind this shows that
he held 4 very flexible view Of the
requirement of domiciIe and resi-
dence, and that he was contented
with technical residence to satisfy
his mind before bringing suit. !
believe that this present situation
has grown from this lax conception
of the requirements Of law by Judge
Moncure as a lawyer, and by other
attorneys sharing his view in thia
regard, and that attorneys WHO
contemplated that a technical res.
dence Of one year, lurred over :.
law either consciously or unconscious
ly drifted into a situation that fore,
went entirely any requirement for ::
domicil and residence at all, except
in so far as some witness might
readily testify to that fact, and that
the court, believing that the law was
complied with by 4 technical resi-,
dence Of one year, alurred over .
situation which otherwise woul,
have been obvious to him,--a situa.
ton which | believe, however, if il
had been indelibly stamped upon his
mind and which would have bee,
indelibly stamped upon his mind, bu
for his personal convictions, thG
court would have willingly corrected
long ago.
l cannot believe that our PROV
unity to Washington solves the cvi
that is manifest here. The fact tina
we live next to Washington, where
there is only one ground for divorce
might explain why there are Sc
many divorces in the city Of Alcxan
dria, but cannot justify it. Tn,
remedies of our divorce law are 10,
Virginians, and not for outsiders wht
merely technically qualify as Vir
ginians. | do not believe that tho
renting Of a room in Alexandria fol
one year, even though occupied i;
certain number Of times during that
! period, constitutes domicil within thu
meaning of the statute. Domicil is !:
matter of intention but that intentio:
can be discre0ited by showing fact,
inconsistent Herewith, and if these
yearly room-renters reside, when not
/ actually staying in Alexandria, in thu
same habitation they had before con
ing To Alexandria, it is evident that
they have neither forsaken their pre-
Vlous domicil nor acquired 4 new one
Because in my opinion there ha:
been fraud, heartily recommend that
the ev!denc" accumulated by this com.
mittee shall be presented to CRANE
jury for Thorough Investigation.
further recommend that Judge Mon
cure request the governor Of the State
Of Virginia to designate 4 Judge oI
some other court to come to AeXan.
drla and summon q grand jury for
this purpose. ! make this rccomrnen.
datiOn not in criticism Of the present
grand jury summoned for that pur-
pose, for they are composed Of me!
of highest character, and they have
always faithfully done their duty anC
will always do their duty under any
circumstances. But it is manifestly
unfair that reputable men should be
put in the position where they can be
in any way attacked or their honesty
Of purpose questioned.
If after an investigation by grand
jury, the responsibility of those who
have contributed TO this situation can
be legally fixed, then Of course the law
must and should take its course There
can he no mitigation Of criminal re.
sponsibility. Even in the absence of
actual fraud, however, and of the fix
ing Of the blame for such fraud by 4
grand jury, | am Of the opinion that
this situation is brought about by
practices that are entirely rcprehensi-
Bile, unprofessional and unethical, and
can not be justified, and would, be-
licve, result in the disbarmcnt Of those
responsible for it, were such proceed
ings initiated.
Shall this committee recommend
disbarment? If the law cxacts no pen
atty, can see no justice in our exact
ing penalty simply because it may
be within our power to DO so. We
will have done our duty if we expose
the evil and condemn Enthusiastically
the practices that have brought it
about. If by their future conduct,
they justify this evidence of our char
ity, no one can gainsay the wisdom
of our course | only ask that those
who have contributed to bringing the
bar of the city of Alexandria into bad
rcpute. shall in the future conduct
themselves with the due regard for
the law. and with the proper concep-
ton of legal ethics.
Now as to the further matters pre-
sented to this committee. There is
little need to discuss this testimony
Jllipc Monc11ro frankly ctaInI +bo+ no