1172 JOURNAL OF PROCEEDINGS [Mar. 22

will readily understand, he lived such a great distance
in the country from the railroad, that it was impos-
sible for him to go backward and forward every day,
as he said he would have done had it been possible.

An attempt was made in the evidence and in the
argument, to discredit the good faith in Smoot's in-
tention to continue his home in Charles county by the
fact that, in the formal application for a marriage
license, made in Baltimore city in the year 1000, it is
found that the clerk, with the assent, it is not denied,
at the time, of Smoot, who signed the paper and made
the prescribed and formal affidavit to if, the residence
of Smoot is put down as to Baltimore city.

It is respectfully submitted, that a young man stand-
ing on the threshold of a marriage ceremony does not
halt to give much thought to questions of legal resi-
dence, and would not likely have constitutional or
legal propositions at that time running through his
mind.

Smoot had in view the place where he was to take
his bide to be with him in Baltimore city while he was
discharging the duties of an office, which it would have
been impossible for him to discharge by remaining in
Charles county; and we gravely submit that there is
no such harshness in the law as would require the
leaving of his wife behind him, at his country home,
at this period of his existence, to hold down his resi-
dence for him while he labored alone with his work
sixty miles away.

If our Gonrt of Appeals can, as we have shown
above, divide 'residence' into that which is 'temp
orary and transient,' and that which ia 'fixed and
settled.' by which they mean a legal residence, surely,
it seems that Smoot, under the particular circumstance
of this inconsiderate declaration, may readily be as-
sumed to have had in his mind the temporary resi-
dence which he was required to maintain, for the
temporary "object: and purpose" of his office holding
duties in Baltimore city, and to such effect is his
sworn testimony.

Smoot became in no wise identified with the muni-