1904.] OF THE HOUSE OF DELEGATES. 1169
WILLIAM J. FRERE and BENJAMIN M. EDELEN, J K.,

vs.
HlUNGERFORD S.MOOT.

Being unable to concur in the report made by the
majority of the Committee on Elections in the con-
tested election case of William J. Frere and Benjamin:
M. Edelen, Jr. vs. Hungerford Smoot, from Charles
county, we, the minority, herewith respectfully sub-
mit our views, and the grounds of our dissent.

The testimony shows that the contestee, Smoot, went
from his home in the 5th election district of Charles
county to Baltimore city, in the year 1897, for the pur-
pose and for that purpose only, of discharging the duties
of an office to which he was then appointed, in the Post-
office of Baltimore city, returning to his father's house,
which both he and his father swear all during this time
to have been, and to be now, his true and proper home,
on occasions varying from once a month to once a fort-
night, during all this time, and spending there all of
the leave of absence allowed him by law, as an em-
ployee of the Government.

In the year 1900, he married a lady who was then
living in Baltimore city, but kept up his trips to the
county, and brought his wife with him to spend there
all of his leaves of absence.

After his marriage, he at first rented a flat where he
kept house with his wife, and afterwards rented a
house, making a change of location, and the lease of
the house was surrendered immediately upon his nomi-
nation for the Legislature, showing it to be a short
and revocable lease, clearly of a temporary character,
and made so, we have a right to assume, in view of
his (the contestee's) realization of the temporary
character of his occupancy of it as an office holder.

All of Smoot's property interests are in Charles
county, at or near the home of his father; and his
father testifies that he had recently desired his sons
to divide up the property among themselves, and to
use it and dispose of it as they pleased; and the
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