84 CONSTITUTION OF MARYLAND. [ART. V

.two or more persons to designate which of said persons shall qualify as
Attorney-General, and to administer the oath of office to the person

elected.

This section confers jurisdiction upon the governor to decide both as to
the election and qualification of the person returned elected, as well in
the case of a contest as where there is no contest. The legislature would
have no power under article 3, section 47, to confer the above jurisdic-
tion upon any tribunal other than those designated by the constitution.
Although the governor has the above jurisdiction, it was intended that
he should be clothed by law with the means and instrumentalities to
execute such power. Implied powers, denied. This section compared with
article 5, section 8—see notes to article 4, section 11. Groome v. Gwinn,
43 Md. 623. (See also concurring opinion in this case.)

Sec. 3. It shall be the duty of the Attorney-General to prosecute
and defend on the part of the State all cases which at the time of his

appointment and qualification, and which thereafter may be depending
in the Court of Appeals, or in the Supreme Court of the United States

by or against the State, or wherein the State may be interested; and

he shall give his opinion in writing whenever required by the General
Assembly, or either branch thereof, the Governor, the Comptroller, the
Treasurer, or any State's Attorney, on any legal matter, or subject

depending before them, or either of them; and when required by the
Governor or the General Assembly, he shall aid any State's Attorney
in prosecuting any suit or action brought by the State in any Court of
this State, and he shall commence and prosecute or defend any suit
or action in any of said Courts, on the part of the State, which the
General Assembly, or the Governor, acting according to law, shall direct
to be commenced, prosecuted or defended; and he shall receive for his
services an annual salary of three thousand dollars; but he shall not be

entitled to receive any fees, perquisites or rewards whatever, in addition
to the salary aforesaid, for the performance of any official duty; nor
have power to appoint any agent, representative or deputy, under any
circumstances whatever; nor shall the Governor employ any additional
counsel in any case whatever, unless authorized by the General Assem-
bly.

[Sec. 3. It shall be the duty of the Attorney-General to prosecute
and defend on the part of the State all cases, which at the time of his
appointment and qualification and which thereafter may be depending

in the Court of Appeals, or in the Supreme Court of the United States,
by or against the State, or wherein the State may be interested; and he
shall give his opinion in writing whenever required by the General
Assembly or either branch thereof, the Governor, the Comptroller of
the Treasury, or any State's Attorney, on any legal matter or subject

depending before them or either of them; and when required by the
Governor or General Assembly he shall aid any State's Attorney in
prosecuting any suit or action brought by the State in any Court of
the State, and he shall commence and prosecute or defend any suit or
action in any of said Courts, on the part of the State, which the General