1904.] OF THE HOUSE OF DELEGATES. 1173

cipal life, or in other respects, with the locality of
Baltimore. He had no interest, there at all.

But he made other declarations about, this time, and
that what of thought he had in his mind as to the
subject-matter of residence at all at the time, had ref-
erence to this temporary sojourn, rather than his fixed
legal residence, is borne out and confirmed by other
declarations, made contemporaneous with and some-
what after this time.

Almost at the same time, as is well known, the tak-
ing of the Federal census was proceeding. He re-
quested the enumerator in Charles county to enumer-
ate him as of the fifth election district; of Charles
county, as one of its residents. He gave orders that
the enumerator in Baltimore city should not enumer-
ate him as a resident of that portion of dur State; and.
he had word conveyed, so he swears, to the enumerator
of the State Census, which took place in the Spring of
1901, that he desired to be enumerated by him as of the
fifth election district of Charles county; and since 1900,
after his marriage, as before, he continued to vote in
Charles county, and exercise an interest in matters
leading up to and surrounding elections.

So that every deliberate declaration that he made,
and every act from which an intention might be in-
ferred, shows him yet more clearly manifesting a pur-
pose to retain his home in Charles county than even
before the date of his marriage.

It is submitted that it is not legal, and it is not fair,
to segregate one single incident in the way of a decla-
ration, from out of a number of others, and upon that to
hinge a conclusion in conflict with a man's sworn in-
tention and a large majority of acts and incidents
which tend to indicate it.

We repeat, all the testimony shows that Smoot's
only purpose for being in Baltimore was for the pur-
pose of performing the duties of his office.

There has bebii no direct decision in Maryland as to
the question of residence of office-holders, but there
has been an Act of the Legislature which carries with
it the force of a decision, at least by the Legislature.

Up to the year 1890, no one disputed the right of