ART. IV] JUDICIARY DEPARTMENT. 75

Sec. 11. The election for Judges hereinbefore provided, and all
elections for Clerks, Registers of Wills and other officers provided in
this Constitution, except- State's Attorneys, shall be certified, and the
returns made by the Clerks of the Circuit Courts of the Counties, and
the Clerk of the Superior Court of Baltimore City, respectively, to the
Governor, who shall issue commissions to the different persons for the
offices to which they shall have been, respectively, elected; and in all
such elections the person having the greatest number of votes shall be
declared elected.

The attorney-general, although not expressly named, is clearly embraced
within the terms of this section. Construing this section in connection
with article 5, section 2, it is clear that the Governor should issue commis-
sions as soon as the result of the election is ascertained from the official
returns, and the newly elected officers should at once take the oath and
enter upon their duties; the commission should not he withheld when the
elections are contested. See notes to article 5, section 2. Groome v.
Gwinn, 43 Md. 622. (See also concurring opinion in this case.) Brooke
v. Widdecombe, 39 Md. 401 (cf. dissenting opinion). And see Wells v. Mun-
roe, 86 Md. 449.

It is the duty of the Governor under this section to issue his commission
to the person regularly and duly returned as elected, although such election
may be contested, and the Governor by section 12 is required to send the
returns to the house of delegates. Ijams v. Duvall, 85 Md. 261. And see
Wells v. Munroe, 86 Md. 448.

This section referred to in deciding that the words "of the county" and
"for the county" as applied to the circuit courts and the clerks thereof, are
used interchangeably. Slymer v. State, 62 Md. 242.
See notes to sections 12, 25 and 40.

Sec. 12. If in any case of election for Judges, Clerks of the Courts
of Law and Register of Wills, the opposing candidates shall have an
equal number of votes, it shall be the duty of the Governor to order a
new election; and in case of any contested election the Governor shall
send the returns to the House of Delegates, which shall judge of the
election and qualification of the candidates at such election, and if the
judgment shall be against the one who has been returned elected, or the
one who has been commissioned by the Governor, the House of Dele-
gates shall order a new election within thirty days.

The "contested" election spoken of in this section means a contest be-
tween candidates at such election, not a dispute about the office of judge
in which one party claims by appointment of the executive and the other
by election of the people. The duties of the Governor are not all found in
article 2 of the constitution, as is shown by article 4, sections 11, 12 and
13, where ministerial duties are imposed on the Governor, no discretion
being imposed in him as to them. In the discharge of ministerial duties,
the Governor is subject to mandamus. The commission to an office is prima
facie proof of title to the office. See notes to article 4, section 5. and
article 9. section 2. Magruder v. Swann, 25 Md. 204; Groome v. Gwinn,
48 Md. 625; Brooke v. Widdecombe. 39 Md. 401 (cf, dissenting opinion).
And see Wells v. Munroe, 86 Md. 449.

The resolution of the house of delegates relative to a contested election
cannot name a successor; all that it can do if it finds against an encum-
bent, is to give judgment against him and order a new election. Ijams v.
Duvall, 85 Md. 262. And see Wells v. Munroe, 86 Md. 448.

Contest heard under this section; new election ordered; such order is
not self-executing, but requires affirmative legislation. Munroe v. Wells,
83 Md. 510; Warfield v. Vandiver, 101 Md. 137 (dissenting opinion).