Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1880-04-22

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make good their CLAIMS and have en-
gagged the service Of eminent counsel to
represent them. both ia the lower. and
If the case should be decided against
them there. IN the Court Of Appeals Of
the State. II y believed Hon. Freder-
lex Stone. Judge Tuck and d. s. Bris-
coe wItf present the case Of the new and
Bernard Carter and nj. Banncn the case
Of the old inspectors. II is likely that
initial proceedings win be taken this
week, and unless some unforeseen delay
occurs, that decision will be reached
m the course Of few days By the low
er Court. An appeal will then be i'm
mediateIy taken 10 the tribunal Of last
resort, and II is further believed, that
the case will be advanced on the docket
Of the latter Court and judgment rem
dered by ii within unusually bricflim-
is. As the case OF the new inspectors
has never been presented to our read
ers in its, legal aspect, we shall make
no apology for giving the views express
ed Of il by the Editor Of the Port To-
6aeeo Times, himself a lawyer Of note.
who appears to have given both care
and study to the preparation Of his opin-
ion. He says:
1.-THE Attorney General has, at the
request OF the Governor, fled an opin-
ion as to the tenure of Office Of the to-
bacco inspectors. He is of opinion that
The old tobacco inspectors bold over un-
til March 1881, when the new ones,
confirmed on the last day of the session
OF the legislature, enter upon their du-
ties. lie says that the Court of APP
peals have decided that an appointment
to an Office under the constitution in
cludes confirmation by the Senate. and
does not become an appointment in
contemplation OF law until such confr-
nation.
1.-The Attorney General does not APP
pear, however, to have considered the
fact that the only purpose Of the Sem
ate IN deferring confirmation of the
appointments, was 10 leave the legisla-
tuFe at liberty TO inauguraie system OF
free Inspections, and that when, after
the failure OF the free inspection bill, they
confirmed the nominations made by the
Governor. IL they meant anything, they
must have meantthat their confirmation
relate back TO the time of the nominal
ton by the Governor, in order that the
new inspectors should enter upon their
duties at once as usual. We do not think
that il will be contended that it is not
within the constitutional powers Of the
Senate, from motives Of public policy.
to defer acting upon appointments OF
this kind, with the understanding that
their ultimate confirmation shall relate
back to the time the confirmation should
have been made; and we think that a
full consideration of the facts connected
with the confirmation OF these officers.
will lead the courts to presume such an
intention on the part Of the Senate.
at was well understood at The time
that Gov. Hamilton made the nomina-
tons of these and other officers, con-
corning whose Offices legislation was
anticipated. that he di ! so in order TO
be within the period OF fifty days from
the beginning ofthe session prescribed
by the constitution, 1t being at the time
generally understood that the Senate
would no, act upon the nominations un-
ill The legislation affecting the Offices
was settled.
"But even conceding that the Senate
has not that power, or did not so in
tend, still we do not think the conclusion
of the Attorney General is clear. While
the Court of Appeals have held that an
appointment TO an Office is not suffi-
GENTLY complete until confirmation by
the Senate to authorize him 10 assume
the duties OF the Office, yet We do not
think that they have ever decided that
such complete and technical appoint
ment was meant By the constitution,
when il designated the time of the COM
mencement of their tenure of Office
Having already limited the time within
which the Governor should make his
nominations, which in literal signii-
canoe are. very nearly Synonymous
with appointments, it is but reasona-
bic construction to infer that in desig-
mating the first Monday Of March en-
suing the appointment. they had refer
ence to The nomination by the Govern
or. Indeed looking at the whole con-
text of the constitutional provisions on
this subject, such q construction would
seem 10 result er accessible. Sec. 10
Of article Q says: "All civil officers APP
pointed by The Governor and Senate,
shall be nominated TO the Senate with
in fifty days from the commencement
OF each regular session OF the legisla-
lure: and their term of office, except in
cases otherwise provided for in this
constitution, shall commence on the
FIRST MONDAY of May next ensuing their
appointment and continue for fUc years
unless removed from office) and until
their successors respectively qualify
according to law; but the term OF Office
oil inspectors of tobacco shall commence
on the FIRST Monday of March next en-
SUNG their appointment"
mo provision Is made in the consti-
tuition Tor shortening the term of the Of
fee ofinspectors OF tobacco. and they are
clearly entitled to two years tenure;
lf therefore the courts shall hold that
She circumstances connected with the
recent appointment compel them to
postpone them until the first Monday
of March 1881, then they viii clearly
be entitled to hold, in the absence of a
constitutional amendment, until March,