ART. X] LABOR AND AGRICULTURE. 105

of his office at the seat of government, unless absent under orders, on
duty; and no other officer of the General Staff of the Militia shall
receive salary or pay, except when on service and mustered in with

troops.

While the Governor has no power to remove an adjutant-general at his
pleasure, with the concurrence of the senate he may appoint a successor,
and upon the latter's qualification the prior incumbent's right of office
terminates. Under article 2, section 15, the adjutant-general may be
removed by the governor in pursuance of a court-martial. History of this
section. McBlair v. Bond, 41 Md. 154.

Under this section as it stood in the constitution of ISE'4. the Governor
could not per se, without the advice and consent of the senate, appoint a
successor to the incumbent, but such incumbent might be superseded by
the concurrent action of the Governor and senate. In the event of the
resignation, death or removal of the adjutant-general during the recess
of the senate, the Governor would have the right to issue a temporary
commission because such vacancy would be one which he was authorized
to fill—see notes to article 4, sections 5 and 12. Magruder v. Swann, 25
Md. 215; Watkins v. Watkins, 2 Md. 353 (dealing with the constitution
of 1851).

See notes to article 2, section 11.

Sec. 3. The existing Militia Law of the State shall expire at the
end of the next session of the General Assembly, except so far as i1
may be re-enacted, subject to the provisions of this Article.

ARTICLE X.

J AND AGRICUXT

Section 1. There shall be a Superintendent of Labor and Agricul-
ture elected by the qualified voters of this State at the first General
Election for Delegates to the General Assembly, after the adoption of
this Constitution, who shall hold his office for the term of four years.

and until the election and qualification of his successor.

As to hours of labor, see article 100; as to agriculture, see article 2A
of the Annotated Code.

Sec. 2. His qualifications shall be the same as those prescribed for
the Comptroller; he shall qualify and enter upon the duties of his office
on the second Monday of January next succeeding the time of his elec-
tion ; and a vacancy in the office shall be filled by the Governor for the
residue of the term.

Sec. 3. He shall perform such of the duties now devolved by Law
upon the Commissioner of Immigration, and the Immigration Agent,
as will promote the object for which those officers were appointed, and
such other duties as may be assigned to him by the General Assembly,
and shall receive a salary of twenty-five hundred dollars a .year; and
after his election and qualification, the offices before mentioned shall
cease.

*This article expired by limitation.