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~ March 1~, 1922
<br />
<br />will of the late M~s. MarFiCaroline Young, for perpetual up-keep of one-half of lot No. 7~A,
<br />in Oak Grove Cemetery. The Manager suggesting that this check be invested in a bond, which
<br />should provide sufficient funds for up-keep.
<br /> On motion, the communication was referred to the Finance Committee.
<br />
<br /> -- UNFINISHED BUSINESS
<br />
<br /> The following ordinance which had been on the table for several meeting~, was continued
<br />on the table until the next meeting of Council:
<br /> An Ozdinanoe Authorizing and E~gula%ing the_
<br />Construction of Tanks for the Storage of Gasoline, Kerosene, Oils and other Vmle. tile and In
<br />flammable Liquids ~i~hin the City Limits of the City of Portsmouth.
<br /> Request was read from H. A. Irving and others that~R. E. B. Stuart be ele-cte~ to fill the
<br /> vacancy on the Coun0il,'oaused by the resignation therefrom cf J. H. Hall, Jr.
<br /> A communication was read from the Secre~ry of the Central Labor Union advising that at
<br /> the last regular meeting of the said-body Mr. L. F. Savage was endorsed by them as a Candidate
<br /> for the City Council to fill the unexpired ~erm of Mr. J. H. Hall, Jr.
<br /> A~nouncement ~as read from Mrs. Carrie E. S~kes as ac~udidate ~o fill the vacancy occasion-
<br /> ed on the CoUncil by the resignation of Mr. Hall, and in connection therewith an endorsement
<br /> of M~s. Sykes by the Woman's Democratic Organization of Portsmouth.
<br /> On mo~ion, the election of a successor ~o Mr. Hall was deferred until the next regula~
<br /> meeting of Council.
<br />
<br /> The report of the Portsmouth Public Library for the month of February, 1922, was referred
<br /> to the City Manager~
<br /> The reports of the City Collector, City Treasurer, and City Clerk & Auditor for the month
<br /> of February, 1922; were referred to the Finance Committee.
<br />
<br /> The following opinion was read from the City Attorney:
<br />
<br /> "Portsmouth, Va., ~aroh 14, ~922.
<br /> "Honorable City Council,
<br />
<br /> Portsmouth! Va,
<br />
<br /> "Gentlemen:---
<br /> Concerning the matter referred to me at your last meeting relating ~o the
<br />qualification of members of the School Board from the Third School District of the City,. which
<br />was questioned in a letter of Mr. R. A. Foster, I beg to submit the following:
<br />
<br /> Under the law each mchool district is entitled to three school trustees.
<br />The Third School District of the city comprises Madison, Lee, and Harrison Wards, ~nd is now
<br />represented by Messrs. C. N.' Markham, J. E. Csmroll, and H. M. Gumm. I am Informed~that Messrs.
<br />Ca, roll and Gumm mmintain their residences in the Third District, and Mr. Markham maintains
<br />his residence at number 812 Cbu~t Street, which is in the First School Dietrio~ and Jackson
<br />Ward.
<br /> Section 786 of the Code of Virginia, 1919, a~ ~mended by an act of the
<br />General Assembly of Virginia, approved June 1~, 1920, provides that, 'every schoo~ trustee
<br />sh~ll, at the time of his ~ppointment, be a resident of the ~school district f°r whi'ch appoint-
<br />ed, and if he shall cease to be a resident thereof his office shall be deemed vacant.'
<br />
<br /> Great difficulty is frequently d i
<br />im intended to mean 'domicile' or 'place of abode' when
<br />tion of state,es the meaning of the word residence
<br />of the statute. As used in one statute it may cl~
<br />while used in ~nother it m~y ~iust as clearly refer to domicile as
<br />defined. In determining the meaning of a word in a particular
<br />pose and the context must always be kept in view~
<br />
<br /> wor~.~residenoe'
<br /> the construo-
<br /> purpose
<br />
<br /> and strictly
<br />the legislative put-
<br />
<br />Cooper. vs. Commonwealt~h 121 Va. 338 & TOwson vs. Towson 126 Va. P. 652.
<br />
<br /> The use of the word 'residence' in ta~x~ti
<br />generally been held to be synonymous to the word 'domicil
<br />things mus~ concur, ~1) Residence, ~nd (2) Intention
<br />present intention of removing constitutes domioile~
<br />domicile. Mere absence from a fixed home, however long c~
<br />There must be the 'animus' to cha~e the prior domicile. A
<br />but can have only one domicile. These sme established
<br />domicile is a question of fact $o be determined in each part~
<br />
<br />case.
<br />
<br /> In the case before us M~. Markham maintains
<br />abode at $12 Court st2eet, which is the First School District.
<br />on Harrison Street, in the Third School District. If he
<br />Street temporarily and expected to move bs~.k to the
<br />domicile there. The intention is bo be in~erred from
<br />however, a~.e not absolute and h~ve no controlli~g we~gh~ they
<br />and Con~tuct of the pa=t~. The prope~t~ in which ~. Markh~es~de~
<br />~d~s since been transferred to his wife. I ~ i~fdrmed B~ ham~no'
<br />
<br />;rich statutes~has
<br /> ;ilo two
<br /> th no
<br /> not a change of
<br />
<br /> :.deno e s,
<br /> what is a msm's
<br />
<br />residence or place of
<br /> moving there he resided
<br />e, residing at ~12 Co~vt
<br />
<br />nt ~ith the acts
<br /> and does
<br />
<br />not own any property in the Third School District suitable for a home for his family, and he
<br />has not resided in that District for over two ysa~s. I amalso informed he continues ~o vote
<br />in the Mmdison Ward, a part o~ the Third School ~istrict, and .claim~ that weird as his legal
<br />residence. He is assessed for ta~xes in the Jackson Ward. Under this state ~f~ots I do
<br />believe M~. ~arkham is a resident ~f the Third School District as contemplat~d~by Section
<br />of the Code of Virginia. Respectfully submitted,
<br /> R. C. Barclay, City Attorney,"
<br />
<br />
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