I don't know the characteristics of the Maxim devices but a general rule is that DC current through the wiper contact must be avoided because in the long term it can affect the contact resistance. For carbon potentiometers, this is even worse because the carbon layer is degraded by DC current through the wiper contact. So, the second configuration is more prone to long term wear. Furthermore, in that configuration, it is good practice to connect the H and W sides (this will reduce the output noise due to the variable contact resistance of the wiper).