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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 62   View pdf image (33K)
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62 CONSTITUTION OF MARYLAND.

Art. 32. That no person except regular soldiers, marines, and mari-
ners in the service of this State, or militia, when in actual service, ought,
in any case, to be subject to, or punishable by, Martial Law.

Art. 33. That the independency and uprightness of Judges are essen-
tial to the impartial administration of Justice, and a great security to
the rights and liberties of the People; wherefore, the Judges shall not be
removed, except in the manner, and for the causes, provided in this Con-
stitution. No Judge shall hold any other office, civil or military or political
trust, or employment of any kind whatsoever, under the Constitution or
Laws of this State, or of the United States, or any of them; or receive fees,
or perquisites of any kind, for the. discharge of his official duties.

The act of 1894, ch. 6, providing that if an objection were filed to an application
for a license to sell liquor in Carroll county, the judge of the circuit court should de-
termine whether the license should issue, held not to violate this article. McCrea v.
Roberts, 89 Md. 251.

The act of 1841, ch. 271, imposing a tax upon monies deposited in Baltimore county
court or coming into the hands of trustees, etc., to be paid the judges as a part of
their salary, held not to violate this article (as it stood in the Constitution of 1851).
Design of this article. Bradford v. Jones, 1 Md. 368.

It was only in art. 30 of the Bill of Rights and art. 4, secs. 4 and 9, of the Con-
stitution of 1851, that judicial officers were subject to removal by the Governor.
Cantwell v. Owens, 14 Md. 227.

This article referred to in construing art. 8—see notes thereto. Board of Supervisors
v. Todd, 97 Md. 263; Close v. So. Md. Agri. Assn., 134 Md. 641.

For cases dealing with this article as it stood in the Constitution of 1776, see
State v. Chase, 5 H. & J. 297; The Chancellor's case, 1 Bland, 595.
As to the judiciary, see art. 4 of the Md. Constitution.

Art. 34. That a long continuance in the Executive Departments of
power or 'trust is dangerous to liberty; a rotation, therefore, in those
Departments is one of the best securities of permanent freedom.
As to the executive department, see art. 2, Md. Constitution.

Art. 35. That no person shall hold, at the same time, more than one
office of profit, created by the Constitution or Laws of this State; nor shall
any person in public trust receive any present from any foreign Prince or
'State, or from the United States, or any of them, without the approbation
of this State.

This article does not justify an injunction to stop the proceedings of a class of
officers with the registration of voters, because a few of the officers in certain dis-
tricts were not proper subjects of appointment. Hardesty v. Taft, 23 Md. 529.

The position of councilman of Snow Hill held to be an " office of profit" within
the meaning of this article. The acceptance of this office vacates the office of super-
visor of elections held by the same person, and a subsequent resignation from the
former does not restore such person to the office of supervisor. Truitt v. Collins,
122 Md. 527. And see State Tax Commission v. Harrington, 126 Md. 162.

The act of 1910, ch. 180 (establishing the public service commission), creates one
indivisible office, and does not violate this article. See notes to art. 23, sec 349, of
the Code. Thrift v. Laird, 125 Md. 60.

Art. 36. That as it is the duty of every man to worship God in such
manner as he thinks most acceptable to Him, all persons are equally
entitled to protection in their religious liberty; wherefore, no person ought,
by any law to be molested in his person or estate, on account of his religious
persuasion or profession, or for his religious practice, unless, under the

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 62   View pdf image (33K)
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