Page:Federal Reporter, 1st Series, Volume 5.djvu/160

 148, FEDESA.ÏJ BBPOBTEK. �has feaen laid upon the circumstance that, accçrdîng to tîiç practice of the service, men enlisted at the Brooklyn navy yard are stationed at that yard during the two years succeed- ing their enlistment, and that the reasonable expectation entertained by the petitioner at the time of enlistment was that he would be allowed to remain in Brooklyn for two years. But I am unable to see that the case is altered by this circumatance. The only intention the petitioner could have had in enlisting was to obey the orders of his command- ing officer as to the place of his future abode. If he entered the service with the belief, hope, and expectation that he \rould be ordered to remain in Brooklyn, that does not affect the fact that by enlisting he made it impossible for him to have an intention of his own in regard to his residence at any particular place during the term of his enlistment. �The petitioner has sworn that he intended to come backto Brooklyn at the end of his five years of service, but he does not swear that he intended to make Brooklyn his place of residence at the expiration of his term of service; and, what is more to the point, he does not swear, and could not truth- fully swear, that he left New York with' the intention to re- side at the barracks in Brooklyn navy yard, or that he came to the barracks with the intent to make the barracks his place of residence. Ile left New York with the intent to enlist if he could, or, if not, to retum to New York — his then resi- dence. He came to the barracks because he was ordered there, and with the intention to remain there until he should be ordered elsewhere, and no longer. By these acta he neither lest his residence nor gained a residence in the bar- racks. �It is not doubted that a sailor or soldier of the United States can acquire a residence while in the service. He may purchase or rent a dwelling and so gain a residence, as was the case in Ames v. Duryea, 6 Lansing, 155, and doubtless in other ways. But in order to gain a residence in an election district of this state, for the purpose of voting, he must do more than simply live at a place within the district by the ����