1904.] OF THE HOUSE OF DELEGATES. 1175

In McCrary on Elections, 4th edition, section 97, the
following language is used:

"Residence, once acquired, by birth or habitation,,
is not lost by a temporary absence for pleasure or
business, or while attending to the duties of a public
office, with an intention of returning."

Decisions sustaining this view will be found in

12 Pa. St., 365.
17 Fla., 389.
89 N. G., 115.

And a number of other reported cases.
In Wharton's Conflict of Laws, section 51, will be
found the following language:

"It is clear that attendance on the legislative body
of a nation, no matter how continuous, or occupancy
of an official station of any kind, either at the pleasure
of the appointing power, or for a term of years, con-
fers no new domicile, without the clear intention and
arrangement of the officer himself."

The Civil Service law, under which Smoot held a
clerkship in the Baltimore city postoffice, being the
Act approved January 16, 1883, as found in volume
22, U. S. Statutes at large, 47th Congress, page 403
shows that no life tenure is given, but that the pary
holds at the pleasure of the appointing power.

No one. we apprehend, will contend that a clerk in
one of the tobacco warehouses in Baltimore city,
whether he takes his wife with him or not, would lose
his right to vote in the county from which he was ap-
pointed. We respectfully submit that that would be
a doctrine of doubtful propriety, to say the least,
which would hold that one rule should apply to occu-
pants of State offices, and another, a harsher and nar-
rower one, to those who may hold office under the
Government of the United States.

If n Senator of the United States, with no provision
of law making exception in his favor as to the right of
holding office, should spend every day of his six year
term in Washington, no one would argue that he loses