USA > Maryland > Leading Events of Maryland History: With Topical Analyses, References, and questions for original thought and research, revised and enlarge > Part 23
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prosecuted or defended; and he shall receive for his services an annual salary of three thousand dollars ; but he shall not be entitled to receive any fees, perquisites or rewards whatever, in addition to the salary aforesaid, for the performance of any official duty ; nor have power to appoint any agent, rep- resentative or deputy, under any circumstances whatever; nor shall the Governor employ any additional counsel in any case whatever, unless author- ized by the General Assembly.
Qualifications
Sec. 4. No person shall be eligible to the office of Attorney-General, who is not a citizen of this State, and a qualified voter therein, and has not resided and practiced Law in this State for at least ten years.
Vacancy
Sec. 5. In case of vacancy in the office of Attorney-General, occasioned by death, resignation, removal from the State or from office, or other disqualifica- tion, the said vacancy shall be filled by the Governor for the residue of the term thus made vacant.
Sec. 6. It shall be the duty of the Clerk of the Court of Appeals and of the Commissioner of the Land Office, respectively, whenever a case shall be brought into said court or office, in which the State is a party or has interest, immediately to notify the Attorney-General thereof.
The State's Attorneys
Election - Term
Sec. 7. There shall be an Attorney for the State in each County and the City of Baltimore, to be styled "The State's Attorney," who shall be elected by the voters thereof, respectively, on the Tuesday next after the first Monday in November, in the year eighteen hundred and sixty-seven, and on the same day every fourth year thereafter; and shall hold his office for four years from the first Monday in January next ensuing his election, and until his successor shall be elected and qualified, and shall be re-eligible thereto, and be subject to removal therefrom for incompetency, willful neglect of duty, or misdemeanor in office, on conviction in a Court of Law, or by a vote of two thirds of the Senate, on the recommendation of the Attorney-General.
Returns of election
Sec. 8. All elections for the State's Attorney shall be certified to and re- turns made thereof by the Clerks of the said counties and city to the Judges
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thereof having criminal jurisdiction, respectively, whose duty it shall be to decide upon the elections and qualifications of the persons returned ; and in case of a tie between two or more persons, to designate which of said persons shall qualify as State's Attorney, and to administer the oaths of office to the person elected.
Sec. 9. The State's Attorney shall perform such duties and receive such fees and commissions as are now or may hereafter be prescribed by law, and if any State's Attorney shall receive any other fee or reward than such as is or may be allowed by Law, he shall, on conviction thereof, be removed from office ; provided, that the State's Attorney for Baltimore City shall have power to appoint one Deputy, at a salary of not more than fifteen hundred dollars per annum, to be paid by the State's Attorney out of the fees of his office, as has heretofore been practiced.
Fees
[Sec. 9. The State's Attorney shall perform such duties and receive such fees and commissions or salary, not exceeding three thousand dollars, as are now or may hereafter be prescribed by law ; and if any State's Attorney shall receive any other fee or reward than such as is or may be allowed by law, he shall, on conviction thereof, be removed from office ; provided, that the State's Attorney for Baltimore City shall receive an annual salary of forty-five hundred dollars, and shall have power to appoint one deputy, at an annual salary, not exceeding three thousand dollars, and such other assistants at such annual salaries not exceeding fifteen hundred dollars each, as the Supreme Bench of Baltimore City may authorize and approve ; all of said salaries to be paid out of the fees of the said State's Attorney's office, as has heretofore been practiced.] 1
Qualifications
Sec. 10. No person shall be eligible to the office of State's Attorney who has not been admitted to practice Law in this State, and who has not resided for at least two years in the county or city in which he may be elected.
Vacancy
Sec. II. In case of vacancy in the office of State's Attorney, or of his removal from the county or city in which he shall have been elected, or on his conviction as herein specified, the said vacancy shall be filled by the Judge of the county or city, respectively, having criminal jurisdiction, in which said vacancy shall occur, for the residue of the term thus made vacant.
1 Thus amended by Act of 1900, ch. 185, ratified by the people at the November election, 1901.
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Duties
Sec. 12. The State's Attorney in each county, and the City of Baltimore, shall have authority to collect, and give receipt, in the name of the State, for such sums of money as may be collected by him, and forthwith make return of and pay over the same to the proper accounting officer. And the State's Attorney of each county, and the City of Baltimore, before he shall enter on the discharge of his duties, shall execute a bond to the State of Maryland, for the faithful performance of his duties, in the penalty of ten thousand dollars, with two or more sureties, to be approved by the Judge of the Court having criminal jurisdiction in said counties or city.
ARTICLE VI TREASURY DEPARTMENT
Comptroller - Salary - Treasurer - Term - Vacancies - Bonds
Section 1. There shall be a Treasury Department, consisting of a Comp- troller, chosen by the qualified electors of the State, at each regular election of members of the House of Delegates, who shall receive an annual salary of two thousand five hundred dollars ; and a Treasurer, to be appointed by the two Houses of the Legislature, at each regular session thereof, on joint ballot, who shall receive an annual salary of two thousand five hundred dollars; and the terms of office of the said Comptroller and Treasurer shall be for two years, and until their successors shall qualify ; and neither of the said officers shall be allowed, or receive any fees, commissions or perquisites of any kind in addition to his salary for the performance of any duty or services whatsoever. In case of a vacancy in either of the offices by death, or otherwise, the Gov- ernor, by and with the advice and consent of the Senate, shall fill such vacancy by appointment, to continue until another election, or a choice by the Legis- lature, as the case may be, and until the qualification of the successor. The Comptroller and the Treasurer shall keep their offices at the seat of Govern- ment, and shall take such oath, and enter into such bonds for the faithful discharge of their duties as are now, or may hereafter be prescribed by law.
Comptroller's duties
Sec. 2. The Comptroller shall have the general superintendence of the fiscal affairs of the State; he shall digest and prepare plans for the improve- ment and management of the revenue, and for the support of the public credit ; prepare and report estimates of the revenue and expenditures of the State;
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superintend and enforce the prompt collection of all taxes and revenue ; adjust and settle, on terms prescribed by Law, with delinquent collectors and receivers of taxes and State revenue ; preserve all public accounts ; decide on the forms of keeping and stating accounts ; grant, under regulations prescribed by Law, all warrants for money to be paid out of the Treasury, in pursuance of appro- priations by Law, and countersign all checks drawn by the Treasury upon any bank or banks, in which the moneys of the State may, from time to time, be deposited ; prescribe the formalities of the transfer of stock, or other evidence of the State debt, and countersign the same, without which such evidence shall not be valid; he shall make to the General Assembly full reports of all his proceedings, and of the state of the treasury department within ten days after the commencement of each Session ; and perform such other duties as shall be prescribed by Law.
Treasurer's duties
Sec. 3. The Treasurer shall receive the moneys of the State, and, until otherwise prescribed by law, deposit them, as soon as received, to the credit of the State, in such bank or banks as he may, from time to time, with the approval of the Governor, select (the said bank or banks giving security, satis- factory to the Governor, for the safekeeping and forthcoming, when required, of said deposits), and shall disburse the same for the purposes of the State, according to law, upon warrants drawn by the Comptroller, and on checks countersigned by him, and not otherwise ; he shall take receipts for all moneys paid by him and receipts for moneys received by him shall be endorsed upon warrants signed by the Comptroller, without which warrants, so signed, no acknowledgment of money received into the Treasury shall be valid ; and upon warrants, issued by the Comptroller, he shall make arrangements for the pay- ment of the interest of the public debt, and for the purchase thereof, on account of the sinking fund. Every bond, certificate, or other evidence of the debt of the State shall be signed by the Treasurer, and countersigned by the Comptroller; and no new certificate or other evidence intended to replace another shall be issued until the old one shall be delivered to the Treasurer, and authority executed in due form for the transfer of the same filed in his office, and the transfer accordingly made on the books thereof, and the cer- tificate or other evidence cancelled; but the Legislature may make provi- sions for the loss of certificates, or other evidences of the debt; and may prescribe, by Law, the manner in which the Treasurer shall receive and keep the moneys of the State.
Accounts
Sec. 4. The Treasurer shall render his accounts quarterly to the Comp- troller, and shall publish monthly, in such newspapers as the Governor may
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direct, an abstract thereof, showing the amount of cash on hand, and the place or places of deposit thereof ; and on the third day of each regular session of the Legislature he shall submit to the Senate and House of Delegates fair and accurate copies of all accounts by him, from time to time, rendered and settled with the Comptroller. He shall at all times submit to the Comptroller the inspection of the money in his hands, and perform all other duties that shall be prescribed by Law.
Time of qualifications
Sec. 5. The Comptroller shall qualify and enter on the duties of his office on the third Monday of January next succeeding the time of his election, or as soon thereafter as practicable. And the Treasurer shall qualify within one month after his appointment by the Legislature.
Removal
Sec. 6. Whenever during the recess of the Legislature charges shall be preferred to the Governor against the Comptroller or Treasurer for incom- petency, malfeasance in office, willful neglect of duty, or misappropriation of the funds of the State, it shall be the duty of the Governor forthwith to notify the party so charged, and fix a day for a hearing of said charges; and if from the evidence taken, under oath, on said hearing before the Governor, the said allegations shall be sustained, it shall be the duty of the Governor to remove said offending officer and appoint another in his place, who shall hold the office for the unexpired term of the officer so removed.
ARTICLE VII SUNDRY OFFICERS
County Commissioners - Surveyor - State Librarian - Commissioner of the Land Office - Wreck Master
County Commissioners
Section 1. County Commissioners shall be elected on general ticket of each county by the qualified voters of the several counties of this State, on the Tuesday next after the first Monday in the month of November, eighteen hundred and sixty-seven, and on the same day in every second year thereafter. Their number in each county, their compensation, powers and duties, shall be such as are now or may be hereafter prescribed by Law.
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County Commissioners
[Sec. I. County Commissioners shall be elected on general ticket of each county by the qualified voters of the several counties of the State, on the Tuesday next after the first Monday in the month of November, commencing in the year eighteen hundred and ninety-one; their number in each county, their compensation, powers and duties shall be such as now or may be here- after prescribed by law, they shall be elected at such times, in such numbers and for such periods not exceeding six years, as may be prescribed by law.]1
Surveyor - Vacancy
Sec. 2. The qualified voters of each County, and of the City of Baltimore shall on the Tuesday next after the first Monday in the month of November, in the year eighteen hundred and sixty-seven, and on the same day in every second year thereafter, elect a Surveyor for each County and the City of Baltimore, respectively, whose term of office shall commence on the first Monday of January next ensuing their election, and whose duties and com- pensation shall be the same as are now or may hereafter be prescribed by law. And any vacancy in the office of Surveyor shall be filled by the Com- missioners of the Counties, or by the Mayor and City Council of Baltimore, respectively, for the residue of the term.
State Librarian - Salary
Sec. 3. The State Librarian shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall hold his office during the term of the Governor, by whom he shall have been appointed, and until his successor shall be appointed and qualified. His salary shall be fifteen hun- dred dollars a year; and he shall perform such duties as are now, or may hereafter be prescribed by Law; and no appropriation shall be made by Law to pay for any clerk, or assistant to the Librarian. And it shall be the duty of the Legislature, at its first session after the adoption of this Constitution, to pass a Law regulating the mode and manner in which the books in the Library shall be kept and accounted for by the Librarian, and requiring the Librarian to give a bond, in such penalty as the Legislature may prescribe, for the proper discharge of his duties.
Commissioner of Land Office - Duties - Salary
Sec. 4. There shall be a Commissioner of the Land Office, who shall be appointed by the Governor by and with the advice and consent of the Senate,
1 Thus amended by Act of 1890, Chapter 255, and adopted by vote of the people November 3, 1890.
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who shall hold his office during the term of the Governor, by whom he shall have been appointed, and until his successor shall be appointed and qualified. He shall perform such duties as are now required of the Commissioner of the Land Office, or such as may hereafter be prescribed by Law, and shall also be the Keeper of the Chancery Records. He shall receive a salary of one thou- sand, five hundred dollars per annum, to be paid out of the Treasury, and shall charge such fees as are now, or may be hereafter fixed by Law. He shall make a semi-annual report of all the fees of his office, both as Commissioner of the Land Office, and as keeper of the Chancery Records, to the Comptroller of the Treasury, and shall pay the same semi-annually into the treasury.
State Papers
Sec. 5. The Commissioner of the Land Office shall also, without addi- tional compensation, collect, arrange, classify, have charge of, and safely keep all papers, records, relics, and other memorials connected with the early his- tory of Maryland, not belonging to any other office.
Wreck Master
Sec. 6. The qualified voters of Worcester County shall on the Tuesday next after the first Monday in the month of November, in the year eighteen hundred and sixty-seven, and every two years thereafter, elect a Wreck-Master for said County, whose duties and compensation shall be the same as are now or may be hereafter prescribed by Law; the term of office of said Wreck- Master shall commence on the first Monday of January next succeeding his election, and a vacancy in said office shall be filled by the County Commis- sioners of said County for the residue of the term.
ARTICLE VIII
EDUCATION
Public Schools
Section 1. The General Assembly, at its first session after the adoption of this Constitution, shall, by Law, establish throughout the State a thorough and efficient system of free Public Schools; and shall provide by taxation, or otherwise, for their maintenance.
Sec. 2. The system of Public Schools, as now constituted, shall remain in force until the end of the said first session of the General Assembly, and shall then expire, except so far as adopted or continued by the General Assembly.
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School fund
Sec. 3. The School Fund of the State shall be kept inviolate, and appro- priated only to the purposes of education.
ARTICLE IX MILITIA AND MILITARY AFFAIRS
Organization
Section 1. The General Assembly shall make, from time to time, such pro- visions for organizing, equipping and disciplining the Militia, as the exigency may require, and pass such Laws to promote Volunteer Militia Organizations as may afford them effectual encouragement.
Adjutant-General - Duties
Sec. 2. There shall be an Adjutant-General appointed by the Governor, by and with the advice and consent of the Senate. He shall hold his office until the appointment and qualification of his successor, or until removed in pursuance of the sentence of a court-martial. He shall perform such duties and receive such compensation or emoluments as are now or may be pre- scribed by Law. He shall discharge the duties of his office at the seat of government, unless absent under orders, on duty ; and no other officer of the General Staff of the Militia shall receive salary or pay, except when on ser- vice and mustered in with troops.
Sec. 3. The existing Militia Law of the State shall expire at the end of the next session of the General Assembly, except so far as it may be re-enacted, subject to the provisions of this Article.
ARTICLE X LABOR AND AGRICULTURE 1
Section I. There shall be a Superintendent of Labor and Agriculture elected by the qualified voters of this State at the first General election for Delegates to the General Assembly after the adoption of this Constitution, who shall hold his office for the term of four years, and until the election and qualifica- tion of his successor.
Sec. 2. His qualifications shall be the same as those prescribed for the Comptroller ; he shall qualify and enter upon the duties of his office on the
1 This Article expired by limitation.
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second Monday of January next succeeding the time of his election ; and a vacancy in the office shall be filled by the Governor for the residue of the term.
Sec. 3. He shall perform such of the duties now devolved by Law upon the Commissioner of Immigration, and the Immigration Agent, as will pro- mote the object for which those officers were appointed, and such other duties as may be assigned to him by the General Assembly, and shall receive a salary of twenty-five hundred dollars a year; and after his election and quali- fication, the offices before mentioned shall cease.
Sec. 4. He shall supervise all the State Inspectors of agricultural products and fertilizers, and from time to time shall carefully examine and audit their accounts, and prescribe regulations not inconsistent with Law, tending to secure economy and efficiency in the business of their offices. He shall have the supervision of the Tobacco Warehouses, and all other buildings used for inspection and storage purposes by the State; and may, at the discretion of the Legislature, have the supervision of all public buildings now belonging to, or which may hereafter be, erected by the State. He shall frequently inspect such buildings as are committed to his charge, and examine all accounts for labor and materials required for their construction or repairs.
Sec. 5. He shall inquire into the undeveloped resources of wealth of the State of Maryland, more especially concerning those within the limits of the Chesapeake Bay and its tributaries, which belong to the State, and suggest such plans as may be calculated to render them available as sources of revenue.
Sec. 6. He shall make detailed reports to every General Assembly within the first week of its session, in reference to each of the subjects committed to his charge, and he shall also report to the Governor, in the recess of the Legis- lature, all abuses or irregularities which he may find to exist in any department of public affairs with which his office is connected.
Sec. 7. The office hereby established shall continue for four years from the date of the qualification of the first incumbent thereof, and shall then expire, unless continued by the General Assembly.
ARTICLE XI1 CITY OF BALTIMORE
Section 1. The inhabitants of the City of Baltimore qualified by Law to vote in said city for members of the House of Delegates, shall on the fourth
1 Under Section 9 of this article a charter was adopted for Baltimore in 1898, which changed the organization of the city government in many particulars. The election for Mayor and City Council is now held on the Tuesday next after the first Monday in May. The term of the Mayor is four years.
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Wednesday of October, eighteen hundred and sixty-seven, and on the same day in every fourth year thereafter, elect a person to be Mayor of the City of Baltimore, who shall have such qualifications, receive such compensation, discharge such duties, and have such powers as are now, or may hereafter be prescribed by Law; and the term of whose office shall commence on the first Monday of November succeeding his election, and shall continue for four years, and until his successor shall have qualified ; and he shall be ineligible for the term next succeeding that for which he was elected.
Mayor
[Sec. I. The inhabitants of the City of Baltimore, qualified by Law to vote in said city for members of the House of Delegates, shall on the Tuesday after the first Monday of November, eighteen hundred and eighty-nine, and on the same day in every second year thereafter, elect a person to be Mayor of the City of Baltimore, who shall have such qualifications, receive such compensa- tion, discharge such duties, and have such powers as are now, or may hereafter be prescribed by Law ; and the term of whose office shall commence on the first Monday of November succeeding his election, and shall continue for two years, and until his successor shall have qualified.] 1
City Council
Sec. 2. The City Council of Baltimore shall consist of two branches, one of which shall be called the First Branch, and the other the Second Branch, and each shall consist of such number of members, having such qualification, receiving such compensation, performing such duties, possessing such powers, holding such terms of office, and elected in such manner, as are now, or may hereafter be prescribed by Law.
Sec. 3. An election for members of the First and Second Branch of the City Council of Baltimore shall be held in the City of Baltimore on the fourth Wednesday of October, eighteen hundred and sixty-seven ; and for members of the First Branch on the same day in every year thereafter ; and for mem- bers of the Second Branch on the same day in every second year thereafter ; and the qualification for electors of the members of the City Council shall be the same as those prescribed for the electors of Mayor.
1 Thus amended by ch. 123, Acts of 1898. By ch. 116, Acts of 1870, the term of Mayor was made two years; and by ch. 397, Acts of 1888, the day of election was set for the Tuesday after the first Monday in November.
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Time of elections
[Sec. 3. An election for members of the First Branch of the City Council of Baltimore shall be held in the City of Baltimore on the Tuesday after the first Monday of November in every year; and for members of the Second Branch on the Tuesday after the first Monday of November eighteen hundred and eighty-nine, and on the same day in every second year thereafter ; and the qualification for electors of the members of the City Council shall be the same as those prescribed for the electors of Mayor.] 1
Sessions - Limitations - Extra session
Sec. 4. The regular sessions of the City Council of Baltimore (which shall be annual), shall commence on the third Monday of January of each year, and shall not continue more than ninety days, exclusive of Sundays ; but the Mayor may convene the City Council in extra session whenever, and as often as it may appear to him that the public good may require, but no called or extra session shall last longer than twenty days, exclusive of Sundays.
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