ART. Il] EXECUTIVE DEPARTMENT. 33

Sec. 11. In case of any vacancy during the recess of the Senate,
in any office which the Governor has power to fill, he shall appoint some
suitable person to said office, whose commission shall continue in force
until the end of the next session of the Legislature, or until some other
person is appointed to the same office, whichever shall first occur; and
the nomination of the person thus appointed during the recess, or of
some other person in his place, shall be made to the Senate within
thirty days after the next meeting of the Legislature.

Construing this section in connection with section 10, the legislature may
confer upon the Governor the power to appoint to statutory offices or to
fill vacancies in such offices without confirmation by the senate. The legis-
lature may modify, control or abolish an office of legislative creation. This
section regulates appointments to offices which the Governor and senate
together are authorized to fill. Where a man was appointed and confirmed
as school commissioner for four years from August 1, 1892, and in the
December following he resigned during a recess of the legislature, and the
Governor appointed the appellant for the balance of the term, and during
the session of the legislature of 1896 the Governor named a person as the
appellant's successor but the legislature adjourned without acting on the
nomination; and in July, 1896, during a recess of the. legislature, the Gov-
ernor appointed the appellee commissioner, it was held that the appellant
was entitled to the office until August, 1896. Ash v. McVey, 85 Md. 123;
School Commissioners v. Goldsborough, 90 Aid. 204. Of. Kroh v. Smoot,
62 Md. 175; Sappington v. Slade, 91 Md. 649.

To recess appointments (under this section), section 13 is not applicable.
The general assembly cannot disregard this section when the office is a
civil office which must be filled by executive appointment. Contest for the
office of supervisor of elections. Sappington v. Slade, 91 Md. 645.

Where the governor named the appellant as adjutant-general during the
session of the senate but the senate did not confirm the nomination, the
appellee, who prior thereto was in office, and not the appellant, was entitled
to the office, although the Governor issued a commission to the latter. This
Section construed in connection with article 9, section 2, article 2, section
10, and article 15, section 3. This section only authorizes the Governor
to fill vacancies, and if none exists, it has no application. Watkins v. Wat-
kins, 2 Md. 354 (based on the constitution of 1851).

Upon the removal of the adjutant-general under article 9, section 2, or
under article 2, section 15, the Governor may. under this section, fill the
vacancy thus created until the end of the next session of the senate, or
until another constitutional appointment is made. McBlair v. Bond, 41
Md. 154.

This section referred to in construing section 15—see notes thereto. Har-
man v. Harwood, 58 Md. 10.

This section referred to in construing section 13—see notes thereto.
Dyer v. Bayne, 54 Md. 99.

See notes to article 2, sections 10, 13 and 15, and to article 4, section 13.

Sec. 12. No person, after being rejected by the Senate, shall be
again nominated for the same office at the same session, unless at the
request of the Senate; or be appointed to the same office during the
recess of the Legislature.

This section referred to in construing section 15—see notes thereto. Har-
man v. Harwood, 58 Md. 10.

Sec. 13. All civil officers appointed by the Governor and Senate shall
be nominated to the Senate within fifty days from the commencement
of each regular session of the Legislature; and their term of office,

except in cases otherwise provided for in this Constitution, shall com-
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