Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1882-07-20


necsion provides i 80 civil off,
GERS, appointe 81 tie governor and
nate, shall Ne nominated 10 tie
senate vi "a 81 days em the con-
lnens men IS eh rer ~ session q
Ehe egisl Il and Heir term q.
6lii6e. exc1 l II - 0tnerwise pro-
vided Cor in this CONSTITUTION, shall
comnence on the hrzE Monday Of May
next ensuing their appointment. and
continue ior two years (nnleas r.
moved from Office and until success
sors respectively qualify according to
law, but the term e oiIice IS the IL
spectors Of tobacco shall commence
On the first Monday Of March next
ensuing their appointment" The
opinion then quotes the 1Ith section
q the constitution, and 18th also IN
relation TO vacancies. He sara:
Prom these il Is apparent that the
power 70 appoint was not il the eov-
ernor alone. but in the Senate aud
Governor. and the Governor 3 only
10 GIL vacancies in The Senate rgces-
sas."
After reviewing the constitution.
Judge GrasOn says ''that the failure
of the Senate to act upon Dr.. Emoot's
nomination, after the rejection gf Dr..
Jones as inspector. left Mr.. Sommer-
vile inspector until big successor was
duly qualified, BIZ the appointment Of
the governor and confirmation By the
Senate. and that no vacancy existed
when the Senate adjourned that the
/ governor had right to Gil"
Judge Alvey delivers tie following
concurring opinion in the tobacco in
| srector's case when this case was
first presented / was rather inclined
to the opinion that the power Of APP
| pointment had been wei exercised 6y
the governor under the peculiar cir
cumstances of the case; but upon
further consideration am convinced
that the appointment ofthe appellant
cannot be sustained. There Is one
one thing clear, and that it Is only q
vacancy in the Office that the COVER
nor, under the constitution, Is au-
thorized to ell without the concur
renee Of the Senate All that class
of civil officers contemplated BY the
constitution as being within the ex-
ecutive power Of appointment are re-
| quired to be nominated to the Senate,
and the advice and consent ofthat body
taken before the appointment is COM
plete. The only exception to this
mode Of appointment Of such officers
exists in the case of vacancies that
occur during the recess Of the Senate,
or that may occur within ten days be-
fore the final adjournment Of that
body. This exception exists and Is
provided for from the necessity Of the
case and it Is only in case of vacancy
60 occurring that the governor has
powertofill It without the advice Of tie
Senate, and that simply because such
advice and consent cannot reasonably
be obtained. The governor has no
power of appointment except as ex-
pressly provided by the constitution or
statute, and If he attempt to make an
appointment without such express au-
thority that appointment would simp-
" be without effect.
The plain object Of the constitution
in this respect Is to secure . the pub
lie service officers who sltan have the
confidence and approval, of both the
governor and the Senate, and with
out this no person can have a right
to be indicted into Office by virtue Of
mere appointment by the governor,
except in the cases Of necessity before
mentioned, and which are expressly
provided for; or in cases where By
the law creating an Office the COVER
nor, or some other competent official,
may be authorized 10 make the APP
pointment withons reference to the
Senate. This is the plain and an
mistakable sense and reading of Sec
tions 10, Ii and IL Of article 2 Of the
constitution. Then the question is,
what Is Q vacancy in Office which the
governor is authorized to ill without
the advice and consent Of the Senate |?
And this question can, perhaps, Be
best answered in negative way by
showing what IS not such vacancy
within The meaning Of the constitu-
lion. BY section Ii Of article 2 of
the constitution the term of the Of
iice now in question is, az there pre-
soribed, two years, and until the sue
cessor Of the incumbent, shall qualify
according to law. The term OF Office
of the present incumbent, the defen-
dant in this case, commenced on the
first Monday Of March, 1880, and he
was. according TO the terms Of the
constitution, entitled to hold for two
years. and IN addition thereto, until
his successor qualified according to
law. This, Of course, means that HE
successor shall be duly appointed and
qualified for unless he Be legally an
pointed he could not qualify accord
ing to law.
Now it Is too clear for question that
the governor cannot make vacancy
in the Office By appointing 5 suscesser
10 the incumbent. The Vacancy mat
actually exist before the power AZ
appointment can be exercised, for il
il only the existence Of the Vacancy
that can call in activity the power "a
appoint. It Is equally clear that IL
the governor had not assumed tha
right 10 appoint . successor the pre-
sent incumbent would still hold the
Office, with full and complete powers
TO discharge all the duties in relation
to IL The Office therefore Is not
vacant. II, hOvever. L were conCed-