310 ADDRESSES AND STATE PAPERS

My purpose today is twofold.

1. To bring to your attention some of the existing law affecting
the Governor's office — law set forth in the present Constitution of
1867, and in Article 41 of the Annotated Code of Maryland.

2. To give you a practical view of the actual operation of the
Governor's office as it is presently evolving. (Note that I say "evolv-
ing" rather than "established, " because really this administration has
not been functioning for a sufficient length of time to crystallize its
procedures. )

The present Constitution of Maryland as amended to the present
time touches very substantially and quite definitively on the powers
of the Governor. Most of the related material is in Article II, Execu-
tive Department, but there are many other sections throughout the
instrument that relate directly to the Governor's office.

The Declaration of Rights contains two important and overriding
principles in Article 6 and Article 8. These articles provide that all
persons vested with governmental power are the trustees of the public
and that the legislative, executive, and judiciary powers of govern-
ment ought to be forever separate and distinct from each other.

Article II provides that the executive power of the State shall be

vested in a Governor — who must be at least 30 years of age and a

citizen of Maryland for 10 years, a resident for 5 years, and a qualified
voter. The Governor's 4-year term of office commences on the fourth
Wednesday of January after his election. He is limited to two consecu-
tive terms and during that time he is charged with the faithful execu-
tion of the laws of this State.

In case of death, resignation, removal from the State, or other dis-
qualification of the Governor, the General Assembly, if in session,
elects some other qualified person for the residue of the term. If the
General Assembly is not in session at the time a vacancy in the office
of Governor occurs, the President of the Senate shall take office until
the Legislature can act. From there the line of succession goes as
follows: (It is interesting to note that these provisions are not only
contained in Art. II, Section 7 of the Constitution but are also codified
in Article 41, Section 15A of the Code. )

Speaker of the House of Delegates
Comptroller of the State
Attorney General of the State

It is interesting to note that there is no requirement on the Legislature
to replace a Governor with another qualified person of the same