ART. II] EXECUTIVE DEPARTMENT. 35

proper person to fill said vacancy, unless such vacancy occurs within
ten days before said final adjournment.

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

See notes to sections 13 and 15.

Sec. 15. The Governor may suspend or arrest any military officer
of the State for disobedience of orders or other military offence; and
may remove him in pursuance of the sentence of a Court Martial; and
may remove for incompetency or misconduct all civil officers who
received appointment from the Executive for a term of years.

The Governor has no express or implied power to suspend police commis-
sioners for Baltimore City pending the trial of charges against them of
incompetency and misconduct; nor has the Governor the power to make a
temporary appointment to the above office pending an investigation of
charges. History of this section. Cull v. Wheltle, 114 Md. 58.

County school commissioners are not "civil officers" within the meaning
of this section or of section 13, and hence may not be removed by the Gov-
ernor for incompetency or misconduct. School Commissioners v. Golds-
borough, 90 Md. 193; Sappington v. Slade, 91 Md. 649.

The fact that most, if not all, of the officers provided for by the constitu-
tion may be removed under express authority given by the sections dealing
with such offices, does not convert such offices from definite terms into
terms held at the will of the appointing power; this section and section 13
are examples. The secretary of state is included in this section, and hence
may only be removed for one of the causes herein set out unless possibly
with the consent of the senate without cause. See notes to article 23,
section 175, of the Annotated Code. Towusend v. Kurtz, 83 Md. 342.

The power of removal, given the Governor by this section, applies only
to such offices as he has power to fill by original appointment for terms of
years, and does not embrace justices of the peace. Cantwell v. Owens, 14
Md. 225 (based on the constitution of 1851).

Under this section, the Governor is authorized, for incompetency or mis-
conduct, to remove a "registrar of voters for the fourth election district of
Anne Arundel county," who was appointed by the Governor with the advice
and consent of the senate. The term "executive" as used in this section,
does not mean the Governor alone. Harmon v. Harwood, 58 Md. 10.

This section referred to in construing section 11—see notes thereto.
Watkins v. Watkins, 2 Md. 355.

This section referred to in construing article 5, section 2, and article 4,
section 11—see notes thereto. Groome v. Gwinn, 43 Md. 628.

See notes to article 9, section 2, and article 2, section 11.

As to the militia, see article 65 of the Annotated Code.

Sec. 16. The Governor shall convene the Legislature, or the Senate
alone, on extraordinary occasions; and whenever from the presence of
an enemy, or from any other cause, the Seat of Government shall
become an unsafe place for the meeting of the Legislature, he may
direct their sessions to be held at some other convenient place.

Sec. 17. To guard against hasty or partial legislation and encroach-
ments of the Legislative Department upon the co-ordinate Executive
and Judicial Departments, every Bill which shall have passed the House
of Delegates, and the Senate shall, before it becomes a law, be presented
to the Governor of the State; if he approve he shall sign it, but if not
he shall return it with his objections to the House in which it origi-
nated, which House shall enter (he objections at large on its Journal