ture of Maryland, although he had been
elected for four years, might resign his seat,
and accept the office of judge, even during
the term fur which he had been elected.
Mr. CHAMBERS, Not upon the ground of
anything in relation to the term,
Mr. MILLER. I think it was.
Mr. CHAMBERS. I understood that distin-
guished counsel had given the opinion that
inasmuch as that was an elective office, and
inasmuch as the Constitution did not pro-
hibit a member of the Legislature from hold-
ing an office to which he might be elected by
the people, therefore that appointment by the
Executive was lawful. I understand, with-
out meaning to advocate that doctrine as cor-
rect law, that that was the ground upon
which the appointment was made; simply
that it was an office in the gift of the people,
which office had not been prohibited to mem-
berg of the Legislature by the Constitution.
There is but one term mentioned in this pro-
vision. The phrases, "said term," "above
term," ' 'term aforesaid," "term before men-
tioned,' ' all relate to the same term.
Mr. STOCKBRIDGE. As there is nothing be-
fore the Convention to bring this question
distinctly before it, I will move to amend
this section by striking out the words " said
term," and inserting the words " the time be
shall continue to be a senator or delegate."
If that amendment be adopted, it will then
read:
"Or shall, during the time he shall con-
tinue to be a senator or delegate, hold any
office, or receive the salary or profits of any
office, under the appointment of the Execu-
tive or General Assembly."
The PRESIDENT. Suppose he resigns "
Mr. STOCKBRIDGE. Then he does not con-
tinue to be a senator or delegate.
Mr. STIRLING. The object of the commit
tee, whether right or wrong, was to prevent
any such state of things as that taking place.
The house can alter the report of the com-
mittee, of course, if they do not desire to ac-
complish that object. But the object of the
committee was to prohibit any senator or
delegate from being appointed, during the
term for which he was elected, to any office
by the Executive or Legislature.
Mr. PUGH. Even though he should re-
sign?
Mr. STIRLING. Yea, sir; they thought he
ought not to be allowed to resign to obtain
any such appointment.
Mr. SANDS. I would like to ask the chair-
man of the committee one question; whether,
under the language of this section as it now
stands, a party who was a member of the
Senate or the House of Delegates, would not
be deprived of the right to accept a military
commission issued by the Governor of this
State? Suppose that you, Mr. President, or
the gentleman from Frederick (Mr. Schley)
should be called upon by the Governor of |
the State, while you were members of the
Senate, or House of Delegates, to accept a
military commision as captain, or major, or
colonel; does not this section as it now stands
exclude you from doing that? And would
it not be necessary, in order to obviate that
difficulty, to insert the word "civil" before
the word "office?" I think we are going
to have a better organization of the militia
of this State. And lean conceive of cases
in which it would be very important to have
certain gentlemen hold military commissions,
and I do not want them excluded under any
construction of the language of the Consti-
tution. I would just ask the question, whe-
ther the adoption of this section as it now
stands would not debar any member of the
Senate or House of Delegates from accepting
any military commission from the Governor
of this State?
Mr. STIRLING. Except brigadier generals,
the Governor has no power to appoint any
military officers. You might insert the word
"civil" here, for civil officers were those to
which the committee had reference in this
section; although I think the chance to be
shot at is not so very desirable as to make
such an amendment necessary.
Mr. SANDS. The Governor issues commis-
sions.
Mr. STIRLING, The section says "appoint-
ment," not "commission." However, I
think it would be well to insert the word
"civil" before the word "office,"
Mr. CHAMBERS, The amendment of my
friend from Balt-more city (Mr. Stockbridge)
does not remove the difficulty here. In rela-
tion to the case to which reference has been
made here, it was denied that the appoint-
ment by the Governor ad interim, until the
election by the people, came within the scope
of this provision. The difficulty is, that the
prohibition is not intended to apply to any
office which is in the gift of the people. And
it, was held that this was a case, not of an
office to be filled by executive appointment,
within the meaning of the Constitution, out
was clearly and by the very words of the
Constitution an elective office; and therefore
the Governor, in the meantime having the
power to fill the vacancy until the people
should elect, could put in a person whom the
people themselves had the right to elect to
the same office.
This amendment, it strikes me, does not
meet the case of officers to be elected by the
people; and the same difficulty would again
arise. I would suggest to the gentleman to
amend byinserting the word "other" be-
fore the word "office," si that the clause
would then read:
"Or shall, during said term, hold any
other office, or receive the salary or profits of
any other office."
Then strike out the word?, "under the ap-
pointment of the executive or general assem- |
