Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1845-09-04


the Governor, which is performed by the
acts of 1904 and 1906 in regard to the sala-
ries of the Judges-it declares that during
his continuance IN office he shall receive an
annual salary of $4,000
Again is it not clear that the election of
a Governor by the people constitutes con-
tract under the Constitution and the act of
1897, between the people and the person
elected, by which the person elected is en-
titled to the prescribed salary? And if SO,
would not the repeal of the law of 1887,
which declares that the Governor shall re-
ceive during his continuance in office 81
200 per annum, violate that clause of the
Constitution of the United States which
says that no State shall pass any law i'm
pairing the obligation of contracts?
Looking, therefore, to the power of the
Legislature to pass the bill of the last ses-
sion proposing to lessen the salary to which
the Governor is entitled, it is manifest that
the Wing Senate were bound, by their oath
to support the Constitution, 10 reject that
bill.
The conclusion to which we come, that
The Legislature has no rightfu7 poaoer TO les
sen the salary Of Governor elected by the
People during the period for whieh he has
been elected, is not only supported by the
liberal construction of the Constitution and
the act of 1887, but is (as we now pro-
pose to show,) essential to the pure admin
stration of the Government
BY the old Constitution the Governor
was elected annually by the Legislature,
and because of this dependence Of the Ex-
ecutive upon the Legislative will, the wise
trainers of that instrument, thought it essen
tial to the independent exercise of the Ex-
ecutive power of appointment to office, that
members of the Legislature should be made
constiutionally Ineligible to office during
the period for which they were elected.
By the amended Constitution the election
of the Governor of the State was transferred
from the Legislature to the People, and
under the supposition of the trainers Of
that instrument that the Executive was re-
lieved from its dependence upon The Legis-
lative branch Of the Government,) members
of the Legislature were made eligible to
office. Now, it is manifest that the Ex-
ecutive is placed immediately under the
control Of the Legislative branch of the GO
vernment if you clothe the latter with the
power at pleasure TO take away the salary
which under the constitution and the act OF
! 1887, is assigned 10 the former. 1t is GER
tain that the Legislature of 1927, which
passed the amended constitution and the
act of 1897, Ito be construed in para mate
ria with it,) when they declared that the
Governor should receive a certain fixed sa-
larry during his continuance IN office, never
designed that the salary of that officer should
be held at the mere pleasure of subsequent
Legislature.
There is another view Of this question,
which, in our opinion, places the correct
ness of the conclusion to which we have
arrived beyond all doubt.
The amended Constitution certainly de-
signed to transfer the election of Governor
from the Legislature to the People, and that
the Governor elected by the People should
exercise the executive functions for the
term of three years. 1t was certainly not
designed that the person to be selected by
the people should discharge the important
duties of the station assigned him without
pay; on the contrary, it was expressly pro-
vided that the person to be selected by the
continued in office certain salary.
When the present Governor was elected,
"a majority Of the legal voters of Maryland
who cast their votes for him, did not alone
impose upon him the obligation to discharge
the duties of the office of Governor, they
also conferred the right to receive, during
the period for which they elected him, the
salary attached to that office. A different
Iconstruction to the one for which we con-
tend would place it in the power of the
| Legislature to annnl the election made by
the People, and to sssume to themselves
what the Constitution designed to take
from them, the appointment of the Gov
ernor of the State whenever for party or
other purposes they might desire to throw
out of office the person selected by the
People.
Under different construction to ours the
process would be very simple one. A
majority of the people elect a Govern
or-the person selected by the people is,
! for party or other reasons, obnoxious to a
majority of both branches of the Legsla-
ture; all they would have to do to defeat
the will of the people, and secure 10 them
selves the appointment, would be to pass
law repeating the act of 1897; by which
the Governor elected by the People would
be deprived of the means OF living, and con-
+sequentIy of the ability to occupy the sta
ton assigned him by the people of the
State. 1t certainly was not the design to