EXECUTIVE DEPARTMENT. 71

to accept the said office; and a new election or appointment shall be made, as
in case of refusal to accept, or resignation of an office; and any person
violating said oath shall, on conviction thereof, in a Court of Law, in addi-
tion to the penalties now or hereafter to be imposed by law, be thereafter
incapable of holding any office of profit or trust in this State.

This section referred to in construing art. 4, sec. 11, and art. 5, sec. 2—see notes
thereto. Groome v. Gwinn, 43 Md. 633 (concurring opinion).
See notes to art. 1, sec. 6, and to art. 6, sec. 5.

ARTICLE II.

EXECUTIVE DEPARTMENT.

Section 1. The executive power of the State shall be vested in a
Governor, whose term of office shall commence on the Second Wednesday
of January next ensuing his election, and continue for four years, and
until his successor shall have qualified; but the Governor chosen at the first
election under this Constitution shall not enter upon the discharge of the
duties of the office until the expiration of the term for which the present
incumbent was elected; unless the said office shall become vacant by death,
resignation, removal from the State, or other disqualification of the said
incumbent.

This section referred to in refusing a mandamus directing the Governor to count
certain votes and to exclude certain other votes for and against the adoption of the
Constitution. M'iles v. Bradford, 22 Md. 183.

This section referred to in construing art. 15, sec. 3, and art. 4, sec. 42—see notes
to the former Smith v. Thursby, 28 Md. 258.

This section referred to in construing art. 2, sec. 15, of the Constitution—see
notes thereto. Cull v. Wheltle, 114 Md. 90.

See notes to art. 7, sec. 3, Md. Constitution, and see arts. 8, et seq., and art. 34,
Declaration of Rights.

As to the Governor and the administrative departments of the state, see art. 41,
An. Code.

Sec. 2. An election for Governor, under this Constitution, shall be held
on the Tuesday next after the first Monday of November, in the year
eighteen hundred and sixty-seven, and on the same day and month in every
fourth year thereafter, at the places of voting for delegates to the General
Assembly; and every person qualified to vote for Delegates shall be qualified
and entitled to vote for Governor; the election to be held in the same manner
as the election of Delegates, and the returns thereof under seal to be
addressed to the Speaker of the House of Delegates, and enclosed and
transmitted to the Secretary of State, and delivered to said Speaker, at the
commencement of the session of the General Assembly next ensuing said
election.

Sec. 3. The Speaker of the House of Delegates shall then open the
said returns in the presence of both Houses; and the person having the
highest number of votes, and being constitutionally eligible, shall be the
Governor, and shall qualify, in the manner herein prescribed, on the
second Wednesday of January next ensuing his election, or as soon there-
after as may be practicable.