The PRESIDENT. The minority of the com-
mittee can submit a report at any time.
The report was then received, read the first
time, as follows, and ordered to a second
reading, and to be printed :
The committee on State's attorneys, beg
leave respectfully to make the following re-
port:
ATTORNEY GENERAL.
Section 1. There shall be an attorney gen-
eral, elected by the people of the State on
general ticket on the of
next, and on the same day every year there-
after, who shall hold his office for
years from the first Monday of January next
ensuing his election, and until his successor
shall be elected and qualified, and shall be re-
eligible thereto, and shall be subject to re-
moval therefrom for incompetency, wilful
neglect of duty, or misdemeanor in office on
conviction in acourt of law,
Sec. 2. All elections for attorney general
shall be certified to, and returns made thereof
by the clerks of the circuit courts for the
several counties, and the clerk of the superior
court of Baltimore city, to the governor of
the State, whose duty it shall be to decide
upon the elections and qualifications of the
person returned, and in case of a tie be-
tween two or more persons, to designate
which of said persons shall qualify as attor-
ney general and to administer the oath of
office to the person elected.
Sec. 3. It shall be the duty of the attorney
general to prosecute and defend, on the part
of the State, all cases which at the time of
his election and qualification, and thereafter
may be depending in the court of appeals, or
in the supreme court of the United States, by
or against the State, or wherein the State may
be interested; and he shall give his opinion
in writing whenever required by the general
assembly, or either branch thereof, the gov-
ernor, the comptroller, the treasurer or any
State's attorney on any matter or subject de-
pending before them, and when required by
the governor or the general assembly, he
shall aid any State's attorney in prosecuting
any suit, or action brought by the State, in
any court of this State; and he shall com-
mence and prosecute or defend any suit, or
action in any of said courts, on the part of
the State, as the general assembly or the
governor, acting according to law, shall di-
rect to be commenced, prosecuted, or de-
fended, and he shall receive for his services
but he shall not be entitled to receive any
fees, perquisites, or rewards whatever, in
addition to the salary aforesaid, for the per-
formance of any official duty, nor have power
to appoint any agent, representative, or
deputy, under any circumstances whatever.
Sec. 4. No person shall be eligible to the
office of attorney general, who has not been |
admitted to practice the law in the State, and
who has not practiced the law for
years, and who has not resided for at least
years in the State.
Sec. 5. In case of vacancy in the office of
attorney general, or of his removal from the
State, or on his conviction as herein before
specified, the said vacancy shall be filled by
the governor until the election and qualifica-
tion of his successor, at which election said
vacancy shall be filled by the voters of the
State for the residue of the term thus made
vacant.
THE STATE'S ATTORNEY.
Section 1. There shall be an attorney for
the State in each county and the city of Balti-
more, to be styled " the State's attorney,"
who shall be elected by the voters thereof,
respectively, on the , and on the
same day every fourth year thereafter, and
hold his office for four years from the
next ensuing his election, and until his suc-
cessor shall be elected and qualified, and
shall be re-eligible thereto, and be subject
to removal therefrom for incompetency, wil-
ful neglect of duty or misdemeanor in office,
on conviction in a court of law.
Sec. 2. All elections for the State's attor-
ney shall be certified to, and returns made
thereof, by the clerks of the said counties and
city to the judges thereof having criminal
jurisdiction, respectively, whose duty it shall
be to decide upon the elections and qualifica-
tions of the persons returned, and in case of
a tie between two or more persons, to desig-
nate which of said persons shall qualify as
State's attorney, and to administer the oaths
of office to the persons elected,
Sec. 3. The State's attorney shall perform
such duties, and receive such fees and com-
missions as are now prescribed by law, and
such other duties, fees and commissions as
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 al-
lowed by law, he shall on conviction thereof,
be removed from office; provided, the State's
attorneys of the several counties shall re-
ceive not less than dollars per an-
num; and provided the State's attorney for
Baltimore city shall have the power to appoint
one deputy, at a salary of not more than
dollars per annum, to be paid by
the mayor and city council of Baltimore, as
city officers are paid.
Sec. 4. 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 one year in
the county or city in which he may be
elected.
Sec. 5. In case of a 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 |
