Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-07-23
Outlines Qualifications.
Commissioner of District Must
Have Lived Here 8 Years.


Have Lived Here 8 Years.
To the Editor OF The Star:
At this time, when nearly every
body living in the District of Column
bia is being suggested for the posi-
ton of District Commissioner, 1t is
we'll to bear in mind the statutory
qualifications for that position.
The act of Congress approved July
IL, 1878, which the United States
Supreme Court denominated the
constitution of the District" contains
the following provisions:
Section u.s. The President OF the
United States, by and with the ad-
vice and consent of the Senate, Is
hereby authorized to appoint two
persons, who, with an officer OF the
Corps of Engineers of the United
States Army, whose hneal rank shall
be above that of captain, shall be
Commissioners of the District of Co
lumbia, and who, from and after July
/, 1878, shall exercise all the powers
and authority now vested in the Com
missioners of said District, except as
are hereinafter limited or provided.
and shall be subject to all restrictions
and limitations and duties which are
now imposed upon said Commission
ers.'
Section 10 of this constitution Of
the District" reads:
1.-THE two persons appointed from
civil life shall, at the time OF their
appointment, be citizens of the United
States, and shall have been actual
residents of the District of Columbia
| for three years next. before their
appointment, and have, during that
period, claimed residence nowhere
else"
actual residence" is held by the
courts to mean physical presence.
In the case OF Commissioner New
man, the District Court of Appeals
held that 1.-THE real place of abode is
| the sort of residence Congress had In
mind when it embodied the require
ment of actual residence In the DIS
| trict of Columbia, in the provision
of the act of June II, 1873, prescr1p.
| ing the qualifications for the office or
Commissioner of the District; and
person to meet the requirement must
reside In fact within the District. and
not merely in contemplation Of law"
The courts hold that there Is q
difference between actual residence"
and "domicile"; that actual resi-
dence' means personal presence,
whereas one may have a domicile in
q place from which he is absent from
time to time. A man may have his
| "domicile" in one place and his "ac-
uaI residence" In another at the same
| time, as the question or "domtctle"
turns upon intention and purpose OF
mind and not upon actual residence.
The courts hold, however, that inten-
| ton and purpose of mind cannot con-
stitute actual residence" Mere con-
structive residence may constitute
! "domicile"; but such residence is not
| what was meant by the act of Con
gress. A constructive resident has no
| better opportunities for knowing the
wants and rightful demands of the
| people than a nonresident and is as
much beyond the wholesome influence
of direct contact with them.
l. While the case of Commissioner
| Newman was appealed from the Dis
| trict Court of Appeals and the de
| cision Of the Court of Appeals was
overruled by the Supreme Court, II
will be recalled that the Supreme
| Court based its decision on the point
| that the person who brought the suit
against the Commissioner did not have
such an interest in the matter as gave
| him the right to bring the suit. The
| Supreme Court did not pass on the
question of Mr.. Newman's qualif1ca
tons or eligibility in that case. II
will thus be seen that the opinion OF
the District Court of Appeals is final
on the question of the meaning of the
term actual residents" of the District
| used in the act of Congress.
CHAS. NJ. EMMONS, NJ. D.. Ii. NJ,
| President East Washington
Citizens Association.