1175 JOURNAL OF PROCEEDINGS [Mar. 22

his residence, whether it might be in Charles, or How-
ard, or Worcester, or any other county, or in Balti-
more city.

A person in the Diplomatic Service of the United
States, with no rule anywhere in any statute affecting
his right to hold office, can go ten thousand miles
away from Maryland, and spend ten years, if need be,
and yet would retain his legal residence in the State
of Maryland while he is away.

We submit that no one will seriously contend that
there should be one doctrine of law applicable to Sen-
ators, foreign ministers and consuls, and another to
the encumbeut of the smallest clerkship in any de-
partment of our Federal Government.

Were we to admit that Mr. Smoot, by the isolated,
non-deliberate declaration, at the time of his marriage
in Baltimore city, over balanced, as it is. by numerous
acts and declarations contemporaneous with and since
that time, had rendered the question of his residence
in Charles county doubtful—which we do not admit,
but which is the most that could be claimed from the
standpoint of those who dispute his residence—even
then his right to a seat in this House could not be af-
fected. The return of his election, with the majority
of the qualified voters of Charles county behind him
sending him here, gives him a prima facie right to the
retention of his seat, and all doubts, in the eye of the
law, as well as in the eye of equity and fair dealing
must be resolved in his favor.

For the reasons stated herein, your minority is
clearly of the opinion that no such case has been
made out against this contestee to warrant the inter-
ference with his right to a seat in this body, to which
a majority of the people of Charles county have de-
clared him elected. Therefore, we recommend the
adoption of the following resolution, to-wit:

Resolved, That Hungerford Smoot was duly elected
a Member of the House of Delegates of Maryland from
Charles county, at the November election, 1903, and
is entitled to a seat therein.

Which,