The Bismarck tribune., 1935-01-28
Analysis in Consideration Of Section
s3 OF the Constitution

Analysis in Consideration Of SectioI
s3 OF the Constitution
An ANALYSIS Of the section III queS'
ton involves at the outset deter
NINA ton cf the meaning OF the Tort
resided and the phrase next pre-
ceding' contained therein. Win re
ference to the phrase '.eNt preced
ing we appreherd there can be l..
tie or no dispute. The word next
va2ttler used adjeetlyslr OF as al
al-.arb by all OF the lex.cograpEer
has been defined TO mean: "helr}
only step or the least degree removed
nearest in order. degree, or succes
sion, Immediately Synonyms: az
jacent, immediate: See Standard Die
tionary: Words and Phrases.
Concerning the use OF the wore
resided used in the Constitutions
provision, it first must bc detcrminet
whether or not as SO used 1t vas IN
tended to mean residence O
.domicile. Speaking abstracty th'
two words are by all O. the author
ities conceded to be distinct ant
separate in their meaning and no
synonymous. But. the authorize
sometimes hold in considering th'
relation in which the word resided
or residence" is used and the pur
pose, that in some instances 1t ma.
be synonymous with the wore
'domicile.
Attention IS directed to the fac
that the original draft Of this provi
sion Of the Constitution required {
residence for two years next preced
ing the election. See Journal OF tn
Constitutional Convention, 1889. 2
1873 and 28l; Debates Of the Consti
tutional Convention. 1889. Pages 81
and 3l7: The report Of the commit
tee on file No. l22 provides for res
idence OF two years. When the fill
was reported out. however, the fol
lowing objection was made to the pc
riod Of time:
Raised from Two Years
"Mr. Scott: move that the wore
two in line four be stricken out ane
the word five inserted in its place
II there is any reason why any Of
ficial place in the state should b.
filled by q man who has had som.
lengthy residence In the state, ther'
is every reason why that Of the gov
er1or should. l don't believe that i
should be possible under the Consti
tuition for a man to come into tn,
state and, in a period Of two years. at
tain to the gubernatorial chair. be
lieve that five years is short enough
and that he cannot in less than tha
time become acquainted with tn
wants and desires and necessities o
the people" Constitutional Debates
3l7.
A fair Interpretation of the wor,
'resided" as used in the Constitu
tional Provision, considering its his
tory and purpose, would appear t.
justify construction that it was in
tended to mean residence" as dis
tinguiShed from "domicile." That Is
that the physical act or the act o
actually living within a certain plac
/: is indicated for a certain definite pc
riod. It appears to be the concensu
of opinion Of the trainers OF the Con
Stitution that it was necessary for
person In order to qualify for the of
flee Of governor to have actually an
physically lived within the state 70
the period required in order that h
might become acquainted with tn
wants and desires and necessities Q
the people"
It clearly was not within the inten
Of the Constitution makers that
person might qualify by acquiring
. residence within the state. and the
leaving 1t for . period Of years. bu
maintain the legal abode by the mer
intention to return" The purpos
was said TO be to require the actus
presence Of . person within the boun
daries Of the state for the period i
question 50 that he might becom
intimately and closely acquainte'
with the desires and necessities o
the people Of the state. II this con
struction be placed upon the word Il
question then obviously under tn
conceded facts, that is, the absenc
.N the respondent from the stat