1904.] OF THE HOUSE OF DELEGATES. 1171

dence," "as used," says the learned Judge' "in the
first section of Article first of the Constitution."

"Temporary absence, with a continuous intention
to return, will not deprive one of his residence, though
it extend through a series of years. * * * * * Nor
will a sojourn, however prolonged, with an intention
of returning, be sufficient to acquire a residence. There
must be the act of abiding without the intention of re-
moving therefrom."

There could be no more apt language framed to fit
the case of Smoot than this; and the Court in this case,
had not before it, furthermore, the case of an office-
holder, as to which the construction of "residence" in
favor of a home claimed away from the place of the
duties of the office, is much more liberal than in other
cases.

In Shaeffer et al. vs. Gilbert, in 73 Maryland, a case
much relied upon by the contestants in the argument,
on pages 69 and 70, is found the following language
by Judge Robinson:

"All agree that the word 'residence' is in itself sus-
ceptible of different meanings. It may mean residence
of a temporary or transient character, or it may mean
one's fixed and settled home, in the sense of having no
other home or place of residence. Its meaning de-
pends upon the object and purpose with which it is
used, and the subject-matter to which it refers."

This language, also, we submit, is in entire accord
with the contention of Smoot, as to his residence in
Charles county. He had a residence of a "temporary
or transient" character in Baltimore city. It cannot
be fairly said tnat he had any "fixed and settled"
home there. He had merely a sojourn there tempo-
rarily, because the office was not more than temporary,
as no office is whose length of term depends upon the
pleasure of the appointing power.

The "object and purpose," using the language of
the Court above, with which Smoot went to Baltimore
city, were to discharge the duties of an office, and
there was no other "object and purpose" in his going
there; and he only went there, because, as is shown in
the testimony of his father and himself, and which all