EXECUTIVE DEPARTMENT. 73

Sec. 9. He shall take care that the Laws are faithfully executed.

This section referred 1o in construing art. 2, sec. 15, of the Md. Constitution—see
notes thereto. Cull v. Wheltle, 114 Md. 90.

This section referred to in construing section 15—see notes thereto. Harman v.
Harwood, 58 Md. 10.

This section referred to—see notes to art. 15. sec. 1, of the Constitution. Schneider
v. Yellott, 124 Md. 98.

Sec. 10. He shall nominate, and by and with the advice and consent
of the Senate, appoint all civil and military officers of the State, whose
appointment or election is not otherwise herein provided for; unless a
different mode of appointment be prescribed by the Law creating the office.

The appointing power conferred upon the Governor by art. 2, secs. 10 and 11,
and by art. 4, sec. 5, is original, secondary and special; the original includes all
civil and military officers whose appointment or election is not otherwise provided
for; the secondary includes all vacancies occurring during the recess of the senate
in an office which the Governor has power to fill; the special includes such offices
as are particularly provided for in art. 4, sec. 5—see notes to the latter section.
Magruder v. Swann, 25 Md. 215.

There is no provision or authority for the Governor making an appointment
outside of this section and sec. 13, excepting to fill a vacancy, and these two
sections refer to the appointments made by the Governor and senate. This section
referred to in construing art. 2, sec. 15—see notes thereto. Cull v. Wheltle, 114
Md. 90.

This section does not prevent the legislature from providing that appointment
to an office created by statute shall be made by a private corporation. Scholle v.
State, 90 Md. 743; Davis v. State, 7 Md. 161.

The office of supervisor of elections is a civil office within the meaning of this
section. See notes to art. 33, sec. 1, An. Code. Riggin v. Lankford, 134 Md. 153.

Under this section, the legislature itself may, in the law creating the offices, desig-
nate the officers; how the Constitution should be construed. Baltimore v. State, 15
Md. 460 (based on Constitution of 1851).

Held under the Constitution of 1851, that the office of justice of the peace could
not be supplied under this section, because art. 4, sec. 19, of said Constitution, pro-
vided for an election by the people. Cantwell v. Owens, 14 Md. 225.

The registry act of 1865, ch. 174, held not to violate this section, since, under the
final clause of this section, the legislature may change the mode of appointment.
Anderson v. Baker, 23 Md. 627.

This section referred to in construing sec. 15—see notes thereto. Harman v. Har-
wood, 58 Md. 10.

See notes to art. 9, sec. 2, and art. 2, secs. 11 and 13, Md. Constitution.

Sec. 11. In case of any vacancy during the recess of the Senate, in any
office which the Governor has power to fill, he shall appoint some suitable
person to said office, whose commission shall continue in force until the
end of the next session of the Legislature, or until some other person is
appointed to the same office, whichever shall first occur; and the nomina-
tion of the person thus appointed during the recess, or of some other person
in his place, shall be made to the Senate within thirty days after the next
meeting of the Legislature.

Construing this section in connection with sec. 10, the legislature may confer upon
the Governor the power to appoint to statutory offices or to fill vacancies in such
offices without confirmation by the senate. The legislature may modify, control or
abolish an office of legislative creation. This section regulates appointments to
offices which the Governor and senate together are authorized to fill. Where a man
was appointed and confirmed as school commissioner for four years from August 1,
1892, and in the December following he resigned during a recess of the legislature,
and the Governor appointed the appellant for the balance of the term, and during
the session of the legislature of 1896 the Governor named a person as the appellant's
successor but the legislature adjourned without acting on the nomination; and in