Although a Maryland governor's use
of military rule has never been at issue
in the courts, Maryland's highest court
long ago said of the governor's office:
"The Chief Magistrate ... of the State,
bears the same relation to the State that
the President does to the United States,
and in the discharge of his political
duties is entitled to the same immunities,
privileges, and exemptions."23 One may
call to mind Little Rock and the recent
Cambridge, Maryland, affair for a con-
crete example of the analogy of the
president's and governor's military-exe-
cutive powers.
The same constitution which
recognizes the governor's authority to
utilize the state's military arm to enforce
laws and to quiet . disorder also declares
"That in all cases, and at all times, the
military ought to be under strict sub-
ordination to, and control of, the civil
power."24
This constitutional injunction would
not preclude military rule being im-
posed upon a community by the gover-
nor, for a proper purpose. Article 30 is
not hostile to the use of military power,
but rather only "contemplates the
request of civil functionaries before the
Militia may be called out to assist in
the execution of laws."25
A more difficult question arises from
Article 9 of the Declaration of Rights:
"That no power of suspending Laws or
the execution of laws, unless by, or
derived from the Legislature, ought to
be exercised or allowed."26
23 Miles v. Bradford, 22 Md. 170, 185
(1864).
24 md. const., Dec. of Rights, art. 30.
25 R. young, legal and tactical con-
siderations affecting the employment
of the military in the suppression of
mobs 5 (188).
26 As of 1959, the constitutions of 48 other
states had similar provisions.
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When a governor substitutes the
militia in the place of a local civil
authority in order to enforce the laws,
may it be said that he thereby uncon-
stitutionally "suspends the laws" by
temporarily overriding the elected com-
munity officials? Put another way, may
he suspend some laws in order to enforce
others?
The probable answer lies in part in
the legislative enactment set out above.
Article 9 permits the suspension of laws
if authority is "derived from the Legis-
lature." The statute authorizing a "call-
ing out of the militia" may be said to
infer that the use of the military may
embrace a reasonable, discretionary sub-
stitution of military rule for civil laws.
Furthermore, the statute provides
that:
"When the militia shall be on active
service as herein provided, the com-
manding officer thereof, and his
subordinates shall be ... invested with
all the authority of sheriffs, and deputy
sheriffs, in enforcing the laws of this
State, and they may cooperate with
the civil authorities or take entire
charge of the situation as in the judg-
ment of the commanding officer the
exigencies of the situation may
require."27
The adjutant general is empowered
to supersede the lawful community
officers if necessity dictates. He, of
course, must directly answer to the
commander-in-chief. If in the first
instance it is proper to say that the
Constitution prohibits suspensions of the
laws without legislative authority, then
it is reasonable to infer that the legis-
lature has granted such authority to the
governor.
27 Supra note 22.
30!
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