74 CONSTITUTION OF MARYLAND.

July, 1896, during a recess of the legislature, the Governor appointed the appellee
commissioner, it was held that the appellant was entitled to the office until August,
1896. Ash v. McVey, 85 Md. 128; School Commissioners v. Goldsborough, 90 Md.
204. Cf. Kroh v. Smoot, 62 Md. 175; Sappington v. Slade, 91 Md. 649.

To recess appointments (under this section), sec. 13 is not applicable. The general
assembly cannot disregard this section when the office is a civil office which must
be filled by executive appointment. Contest for the office of supervisor of elections.
Sappington v. Slade, 91 Md. 645.

Where the Governor named the appellant as adjutant-general during the session
of the senate but the senate did not confirm the nomination, the appellee, who
prior thereto was in office, and not the appellant, was entitled to the office, although
the Governor issued a commission to the latter. This section construed in con-
nection with art. 9, sec. 2, art. 2, sec. 10, and art. 15, sec. 3. This section only
authorizes the Governor to fill vacancies, and if none exists, it has no application.
Watkins v. Watkins, 2 Md. 354 (based on the Constitution of 1851).

Upon the removal of the adjutant-general under art. 9, sec. 2, or under art. 2, sec.
15, the Governor may, under this section, fill the vacancy thus created until the end
of the next session of the senate, or until another constitutional appointment is
made. McBlair v. Bond, 41 Md. 154.

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

This section referred to in construing sec. 13—see notes thereto. Dyer v. Bayne,
54 Md. 99.

See notes to art. 2, secs. 10, 13 and 15, and to art. 4, sec. 43, Md. Constitution and
to art. 33, sec. 5, An. Code.

Sec. 12. No person, after being rejected by the Senate, shall be again
nominated for the same office at the same session, unless at the request of
the Senate; or be appointed to the same office during the recess of the
Legislature.

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

Sec. 13. All civil officers appointed by the Governor and Senate shall
be nominated to the Senate within fifty days from the commencement of
each regular session of the Legislature; and their term of office, except in
cases otherwise provided for in this Constitution, shall commence on the
first Monday of May next ensuing their appointment, and continue for
two years, (unless removed from office), and until their successors, respec-
tively, qualify according to Law; but the term of office of the Inspectors
of Tobacco shall commence on the first Monday of March next ensuing their
appointment.

From the language employed in this section and secs. 11 and 14, it is manifest
that the power of appointment to all civil offices was confided not to the Governor
alone, but to the Governor and senate; hence the Governor has no power to appoint
to office without the advice and consent of the senate, except to fill vacancies which
occur during recess of senate, or as provided by sec. 14, within ten days before the
senate's final adjournment. See notes to secs. 10 and 15. Cull v. Wheltle, 114 Md. 90.

In view of this section and of secs. 11 and 14, the Governor has no power to
appoint to office without the advice and consent of the senate except to fill vacancies
occurring during the recess of the senate or as provided by sec. 14 within ten days
before its final adjournment; hence where the appellee was appointed tobacco
inspector in January, 1880, and was duly confirmed and qualified, and in February,
1882, the Governor nominated another as inspector, but the nomination was rejected;
and on April the 3rd, 1882, the appellant was nominated as inspector, but the legis-
lature adjourned on the same day without acting on his nomination; and thereafter
on April 10th the Governor appointed the appellant inspector and issued a com-
mission to him, the appointment of the appellant is void, and the appellee is en-
titled to the office until his successor is appointed and qualifies in accordance with
this section. Smoot v. Somerville, 59 Md. 86; Claude v. Wayson, 118 Md. 489. Cf.
Kroh v. Smoot, 62 Md. 175; Sappington v. Slade, 91 Md. 649.