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who are already provided for by a dis-
ability clause. It does not cover the mem-
bers of the judiciary who are provided for
by a judiciary commission. It does not cover
the members of the legislature because the
legislature has the power to discipline
and/or expel its members.
However, there is a hiatus that exists in
the constitution. It existed partially in the
old Constitution and it exists in the new
constitution to a far greater extent. We
have provided in the new constitution al-
ready for the offices of comptroller, attor-
ney general and state's attorney. It also
anticipated there will be additional elective
offices. However, in the old Constitution
there was provision for the removal of
officers :
"Whenever during the recess of the
Legislature charges shall be preferred to
the Governor against the Comptroller or
Treasurer, for incompetency, malfeasance
in office, wilful neglect of duty, or mis-
appropriation of the funds of the State,
it shall be the duty of the Governor
forthwith to notify the party so charged,
and fix a day for a hearing of said
charges; and if, from the evidence taken,
under oath, on said hearing before the
Governor, the said allegations shall be
sustained, it shall be the duty of the
Governor to remove said offending offi-
cer, and appoint another in his place,
who shall hold the office for the unex-
pired term of the officer so removed."
That is section 6 of Article VI of the
present Constitution.
It also takes care of the attorney gen-
eral in the following words: Shall be sub-
ject to removal for incompetency, wilful
neglect of duty or misdemeanor in office
on conviction in a court of law."
It takes care of the removal of the
state's attorneys for incompetency. The at-
torney general was in section 1 of the old
Constitution, Article V, and in section 7 of
the old Constitution.
The state's attorneys were dealt with as
follows :
"There shall be an Attorney for the
State in each county, and the City of
Baltimore, to be styled 'The State's At-
torney,' who shall be elected by the voters
thereof, respectively, on the Tuesday next
after the first Monday of November, in
the year, nineteen hundred and fifty-
eight, and on the same day every fourth
year thereafter; and shall hold his office
for four years from the first Monday in
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January next ensuing his election, and
until his successor shall be elected and
qualified; and shall be re-eligible thereto,
and be subject to removal therefrom, for
incompetency, wilful neglect of duty, or
misdemeanor in office, on conviction in a
Court of Law, or by a vote of two-thirds
of the Senate, on the recommendation of
the Attorney-General."
Also there is a provision in the old Con-
stitution which does not exist in the new
constitution for the removal of a civil offi-
cer. It says " — and may remove for in-
competency, or misconduct, all civil officers
who received appointment from the execu-
tive for a term of years."
Now, a few weeks ago I circulated a
memorandum concerning this amendment
which I am offering:
"If the organic law of a government
is silent as to the mode of removal of
an official, the official must be deposed
as provided by a fundamental law. Where
the constitution provides a mode for re-
moval of officers, that mode is exclusive.
Ordinarily the legislature cannot provide
for the removal of officers protected by
the constitution" — which in this case
means that the legislature could not pro-
vide for the removal of the comptroller
or attorney general since they are pro-
vided in the Constitution.
"Statutes providing for the removal of
an officer are strictly construed.
"The power to remove a public officer
is an incident of the sovereign power.
The power of removal in England, at
common law, resided with the King. In
the United States the power rests with
the people. They may bestow this power
on the executive or the legislature or the
judiciary.
"The Governor has no inherent power
to remove an official. " — as governors
have found out to their sorrow, particu-
larly in the days before they had a ju-
dicial disability commission. — "How-
ever, the power to appoint carries with
it, as an incident, the power to remove
if no definite term is fixed."
So there is an implied power that the
governor can remove an official that he
appoints. However, when a definite term of
office is fixed, the power to appoint does
not carry with it as an incident of the
power of appointment the power to remove.
Now, when the constitution provides that
an officer may be removed at the pleasure
of the appointing officer, the officer must
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