1904.] OF THE HOUSE OF DELEGATES. 1165

ter, 84 Md., 525, Judge Page said : "What constitutes
residence within the meaning of the Constitution has
frequently been the subject of Judicial decisions in
this State and elsewhere."

It has often been held to be equivalent to the word
"home" in the sense of a house to which one when-
ever absent intends to return.

Applying these decisions to the facts in the case
your committee are of opinion that Mr. Waibach is a
resident of Charles county and therefore eligible to a
seat in the House of Delegates. Every acton his part
shows his determination to maintain a residence with
his aged mother in Charles county and there is no evi-
dence to show that he established or even attempted
to establish a home elsewhere—his visits to the county

—his three successive campaigns and his membership
in the Legislature since his first election in 1899 must
certainly have kept him in touch with his constituents
and conversant and familiar with their various needs
and desires and should therefore render him thor-
oughly capable of properly representing them.

With Mr. Smoot—your committee feels it is different

—his every act for the past seven years until he re-
turned to the county last fall, except that, of voting,
appears to show his evident intention to make Balti-
more his home, his marriage there, establishing his
home, rearing a family and his oath though belittled
by counsel because made when he was probably ex-
cited, certainly tends to show that he was not deeply
impressed with a residence in Charles county be-
sides he had little, if any, opportunity to become
acquainted with the needs of the county or its people,
very necessary information to a delegate and one
which your committee believe the framers of the Con-
stitution had in mind when they inserted the resi-
dence clause, wherefore your committee are of the
opinion that Mr. Smoot is not a resident of Charles
county, within the purview of the Constitution and is
therefore ineligible to a seat in the House of Dele
gates from that county.

Having determined that Mr. Waibach is eligible
and that Mr. Smoot is ineligible, there is a vacancy