72 CONSTITUTION OF MARYLAND.

Sec. 4. If two or more persons shall have the highest and an equal
number of votes for Governor, one of them shall be chosen Governor by
the Senate and House of Delegates, and all questions in relation to the
eligibility of Governor, and to the returns of said election, and to the
number and legality of votes therein given, shall be determined by the
House of Delegates; and if the person or persons, having the highest
number of votes, be ineligible, the Governor shall be chosen by the Senate
and the House of Delegates. Every election of Governor by the General
Assembly shall be determined by a joint majority of the Senate and House
of Delegates, and the vote shall be taken viva voce. But if two or more
persons shall have the highest and an equal number of votes, then a second
vote shall be taken, which shall be confined to the persons having an equal
number; and if the vote should again be equal, then the election of Gov-
ernor shall be determined by lot between those who shall have the highest
and an equal number on the first vote.

Sec. 5. A person to be eligible to the office of Governor must have
attained the age of thirty years, and must have been for ten years a
citizen of the State of Maryland, and for five years next preceding his
election a resident of the State, and, at the time of his election, a quali-
fied voter therein.

Sec. 6. In the case of death or resignation of the Governor, or of his
removal from the State, or other disqualification, the General Assembly,
if in session, or if not, at their next session, shall elect some other qualified
person to be Governor for the residue of the term for which the said
Governor had been elected.

Sec. 7. In case of any vacancy in the office of Governor, during the
recess of the Legislature, the President of the Senate shall discharge the
duties of said office, until a Governor is elected, as herein provided for;
and in case of the death or resignation of the said President, or of his
removal from the State, or of his refusal to serve, then the duties of said
office shall, in like manner, and for the same interval, devolve upon the
Speaker of the House of Delegates. And the Legislature may provide by
Law, for the impeachment of the Governor; and, in case of his conviction,
or his inability, may declare what person shall perform the Executive
duties; and for any vacancy in said office not herein provided for, provision
may be made by law; and if such vacancy should occur without such
provision being made, the Legislature shall be convened by the Secretary
of State for the purpose of filling said vacancy.

Sec. 8. The Governor shall be the Commander-in-Chief of the land
and naval forces of the State; and may call out the Militia to repel
invasions, suppress insurrections, and enforce the execution of the Laws;
but shall not take the command in person, without the consent of the Legis-
lature.

The portion of the act of 1860, ch. 7, commonly known as " The Baltimore Police
Bill," providing that the board of police commissioners might call out the militia,
held not to be an improper interference with the Governor's prerogatives under this
section (as it stood in the Constitution of 1851). Baltimore v. State, 15 Md. 486.
As to the militia, see art. 65 of the An. Code.