98 CONSTITUTION OF MARYLAND. [ART. VI

cessors shall qualify; and neither of the said officers shall be allowed,
or receive any fees, commissions or perquisites of .any kind in addition
to his salary for the performance of any duty or services whatsoever.
In case of a vacancy in either of the offices by death, or otherwise, the
Governor, by and with the advice and consent of the Senate, shall fill
such vacancy by appointment, to continue until another election, or a
choice by the Legislature, as the case may be, and until the qualifica-
tion of the successor. The Comptroller and the Treasurer shall keep
their offices at the seat of Government, and shall take such oath, and
enter into such bonds for the faithful discharge of their duties as are
now, or may hereafter be prescribed by law.

This section referred to in holding that where a treasurer was re-elected
in January, 1888, but failed to take the oath required by article 1, section
6, and to give the bond required by this section until November, 1888, his
original bond was liable for his defalcations up to the latter date. History
of this section. Archer v. State, 74 Md. 426.

Since a statute passed in pursuance of article 3, section 47, provided that
contested elections for comptroller should be decided by the house of
delegates, and since in this case it had been so decided by the house in
favor of the appellee, an injunction restraining him from exercising the
powers and duties of comptroller was properly refused. The Governor
was only entitled to fill a vacancy, in the office of comptroller until the
party declared to be entitled to the office should duly qualify. The con-
stitution should be construed as a whole. Comptroller held to have duly
given bond and qualified. State v. Jarrett, 17 Md. 327.

A comptroller held not to be in office, and hence not entitled to salary,
until he qualified by taking the oath prescribed by article 1, section 6, of
the constitution. There is nothing in the constitution which fixes the
comptroller's term of office at two years from the day of election. A comp-
troller continues in office until his successor has been duly elected and
qualified. Object and effect of the portion of this section giving the legis-
lature authority to prescribe an oath and require a bond. If payment of
the comptroller's salary is refused, mandamus lies. Thomas v. Owens,
4 Md. 216 (dealing with the constitution of 1851). And see Sappington v.
Scott, 14 Md. 54.

For a case involving a suit on the bond of a former treasurer of Havre
de Grace, see Havre de Grace v. Fahey, 108 Md. 533.

See notes to article 1, section 6, and to article 6, section 5.
As to the comptroller, see article 19, and as to the treasurer, see article
95, of the Annotated Code.

See article 2, section 18, of the Md. constitution.

Sec. 2. The Comptroller shall have the general superintendence of
the fiscal affairs of the State; he shall digest and prepare plans for the
improvement and management of the revenue, and for the support of
the public credit; prepare and report estimates of the revenue and
expenditures of the State; superintend and enforce the prompt collec-
tion of all taxes and revenue; adjust and settle, on terms prescribed by
law, with delinquent collectors and receivers of taxes and State revenue;
preserve all public accounts; decide on the forms of keeping and stating
accounts; grant, under regulations prescribed by Law, all warrants for
money to be paid out of the Treasury, in pursuance of appropriations by
Law, and countersign all checks drawn by the Treasurer upon any bank
or banks, in which the moneys of the State may, from time to time, be