1874.] OF THE HOUSE OF DELEGATES.

mac Railroad Company; and the proof showed, that in all
such cases, the intention not to abandon their residence had
been plainly expressed by the parties, and they had voted
in the county for years.

Residence is a mixed question of law and fact, and while
a party may he temporarily absent from the State, and still
retain his residence it he has the intention of returning, yet
some limitation should be placed upon this right, else in the
case of Prince George's and other border counties, the politi-
cal complexion of these counties may continue to be determ-
ined by a class of persons who, having no fixed or local abode
under this plea of intention, float to and fro, and constitute
an element which, without any permanent interest, will
turn the scale in the closely contested elections.

Until some further legislation is had upon this question of
residence, defining it with some accuracy, your Committee
think it improper to exclude from the count on either side any;
except the votes of those clearly proven to be within the class
of non-residents.

One non-resident, John G. Leitz, is proved to have voted
for Brooke; and two non-residents, Sam. Williams and Geo.
Bowling, for Widdicombe. Sam. Williams, (page 38,) is
proved to have resided in Washington City, and to have
voted there.

Although George Bowling testifies that he was only liv-
ing temporarily in Washington City, (page 97,) proves that
he had a conversation with Bowling in 1872, in which Bowl-
ing told him he never intended to come back to Prince
George's county to live, and advised him to leave. This,
taken in connection with the testimony of other witnesses
satisfies the Committee that he is not entitled to vote in the
county.

The result of a recount of the vote with these corrections
and allowances, would give Brooke 2,354 votes and Widdi-
combe 2,330 votes, thus electing Brooke by twenty-four ma-
jority. If, however, from this we were to deduct from Wid-
dicomb's vote, Henry Holland and Geo. Bowling, it would
leave Brooke with twenty-two majority.

Your Committee, while they do not declare the contestant
entitled to the office by reason of his election, but only order
a new election, have no hesitation in saying that the facts
disclosed in the testimony establish in Marlboro' District a
condition of things on the day of election with which Widdi-
combe is shown to have been directly connected, which war-
rants them in declaring against his right to the office.

It is one thing for a candidate to manifest proper zeal on
the day of election in securing votes, and if this was all that
57