CONGRESSIONAL ]RE COD--1OUSE JANUARY 8 Ie Was an Inhabitant but He Could Not Vote

1364 CONGRESSIONAL ]RE COD--1OUSE JANUARY 8 ie was an inhabitant but he could not vote. He met the back there. The proof tends to show he had expressed always qualifications for a Member of Congress, yet he could not vote the opinion and the conviction that he was still identified with in his own election. Massachusetts and had his citizenship there, and even as They are not the same at all, and I hope the House will not great an authority as John Quincy Adams himself certified to have that point disturbing their minds. Citizenship consists of that. He lived here for four years in a hotel and then he an aggregation of civil privileges. Inhabitancy depends en- married in the District of Columbia. He had never exercised tirely on where a man lives and has his ordinary home. the rights of citizenship here, and people could vote here at Mr. KINCHELOE. Will the gentleman yield? that time. He had never done anything to contradict his Mr. BROWNING. Yes. conviction, often expressed, that lie was still a citizen in full Air. KINCHELOE. Does the evidence disclose whether or standing of Massachusetts. He was elected to Congress one not Mr. BECK voted from the time lie rented this apartment in year after he had married and moved into the home of his Philadelphia until lie was elected to Congress? notler-in-law. They rejected him, and in the consideration Mr. BROWNING. Here is what the record shows: In May, of that case I want to read just this one statement: 1926, after it was determined that Mr. VAR was going to leave After reviewing the circumstances attending the adoption of the House, while Mr. BECK was in Europe, out of order on the the clause of tile Constitution, which I referred to a moment alphabetical list for assessment, Mr. BECK was listed exactly ago, the committee commented upon the fact that the word six months to a day before the election as a taxpayer for the "resident" had first been proposed but had been put aside for payment of this occupational tax of 25 cents. If a man has "inhabitant" as being a " stronger term, intended to express been a citizen of Peiisylvania, he call go back and resume his more clearly their intention that the persons to be elected should citizenship vith a six mionths' residence. He ignored that as- be completely identified with the State in which they were to be sessment. He was assessed twice in 1927, one time out of order, chosen." not on the regular alphalbetical list, but picked up out of order. Now, here is a definition which, I think, is really the summing He ignored the first one, but the second one he paid just 11 up of the definition of inhabitancy. days before the primary in which Air. Hazlett, who had been The SPEAKER pro tempore. The time of the gentleman elected to the House. was running for a county office. He voted from Tennessee has expired. in that primary on that poll-tax receipt, which was gotten as the Mr. BROWNING. Mr. Speaker, I yield myself 10 minutes chairman has indicated, 11 days after its purchase. more. The law requires that the man shall either go to the office This is from Burrill's Law Dictionary: of the receiver of taxes and pay the poll tax himself or lie The Latin habitara, the root of this word, Imparts by Its very con- must pay it to a deputy at one of the registration places on struction frequency, constancy, permanency, closeness of connection, agent do it on written registration day, or he must have an attachment, both physical and moral; and the word " in " gives addi- authority from him. Mr. BECK had neither of these require- tional force to these senses. ments complied with. There was no intention on his part, I concede, to violate the la'w he is incapable of that; but I am Mr. DALLINGER. Air. Speaker, will the gentleman yield? asserting he had no right under the law to vote on that tax Ar. BROWNING. Yes. receipt in the primary election in September before he was Mr. DALLINGER. I understand that the gentleman is quot- elected in November. ing from Bouvier's Law Dictionary? Now, Mr. BEcK very properly calls my attention to a state- Air. BROWNING. No; from Burrill's. ment I made in the minority report to the effect that a man Mr. DALLINGER. I notice that you do not cite Bouvier's had to have his poll-tax receipt 30 days, I believe, before the Law Dictionary. election. If I am wrong I want to correct that, because he Mr. BROWNING. Oh, I am not willing to have the gentle- iasists that that does not apply to a primary. Since that time, man make my speech. when I told him I would correct it, I have gone further into the Mr. DALLINGER. Is the gentleman aware that in Bou- statute, and I confess I am not clear whether the law in Penn- vier's Law Dictionary the-statement is made that "inhabitant " sylvania in that regard applies to primaries or not; but I know as used in the Federal jurisdiction act of 1789 means citizen, that in the State of Pennsylvania the law is specific that before and there are two decisions of the Supreme Court confirming a man can vote he must be a resident for a certain length of that? time, and the court goes on to describe this residence by saying: Mr. BROWNING. I can cite the gentleman to cases from his An Illinois case decides that and true own State that will refute that. It means that place where the elector makes his permanent inhabitant is not synonymous with citizen. I will go on over his family residence, if home, his principal place of business, and he case. has one; where lie Intends to remain indefinitely, and without a present to a Massachusetts As used in the general statutes-section 11, paragraph 12--pro- to depart; when he leaves it he intends to return to it, and Intention viding that all personal estate within or without the State shall after his return he deems hinself at home. (71 Pa. 302.) be assessed to the owner in the city or town where lie is an This is a requirement for voting which Mr. BEcK never met inhabitant on the 1st day of May, "inhabitant" does not mean in the State of Pennsylvania. any man who may happen to be personally in a town or a city, Mr. GREEN. Will the gentleman yield? but means a man who has a home in a place, so any man who Mr. [ROWNING. Yes. established a permanent home for himself and family, if lie has Mr. GREEN. How many times during the 20 years of his one, and who there performs all the duties required of him. alleged residence in the city of Washington do the records There are a great many decisions, not only from the States disclose-that he voted in Pennsylvania, if any? of Illinois and Massachusetts, but from others, and this I get Mr. BROWNING. The first time he voted was in this pri- from the State of Delaware: mary in 1927, and that is the only time he had voted for 20 A man may be a citizen without being an inhabitant of the State, as- years in the State of Pennsylvania when this proof was taken. a nman may be an Inhabitant without being a citizen. This is not only Now, as to inhabitancy, in the Bailey election case from an obvious distinction, but one which the Constitution itself makes, as Massachusetts which the chairman referred to- in the qualiication of voters it requires both citizenship and residence. Mr. STEAGALL. Will the gentleman yield for one question? Mr. BROWNING. Yes. Here is another United States case: Mr. STEAGALL. Reference has been made to Air. BEcK's The term " inhabitant," as used in an act of Congress providing that membership in various clubs in the city of Philadelphia; did no civil suit slmill be brought before certain courts against an Inhabitant the committee ascertain whether or not he had membership of the United States by any original process In any other district than in clubs in Washington or elsewhere as well as in Philadelphia? that whereof he is an inhabitant or in which he shall be found at the Mr. BROWNING. Yes; I think he was a member of pos- time of serving the writ, is a mere equivalent description of citizen sibly one or two clubs in the city of Washington, but I will and alien. A person might be an inhabitant without being a citizen, and not be certain about that. But he always registered, when a citizen might be an inhabitant though he retain his citizenship. Alien- he registered away front the city of Washington, with his resi- age or citizenship is one thing and inhabitancy, by which is understood dence as Washington, D. C. He had all goods for his personal local residence, annimo manendi, quite another. comfort sent to his residence here on Twenty-first Street. Everything tended to show he considered this his home and That is in the case of Piquet v. Swan (U. S. 19 Fed. Cas. 609, abode and, in reality, it was. There is no question about that 613). in my mind. I cite another from Fifth Federal: Now, as to inhabitancy, in this Bailey case that has been "Inhabitant," as used in Civ.

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