120 CONSTITUTION OF MARYLAND [Art. 5]

ARTICLE V.

ATTORNEY-GENERAL AND STATE'S ATTORNEYS.

Attorney-General.

Sec. 1. There shall be an Attorney-General elected by the qualified voters
of the State, on general ticket, on the Tuesday next after the first Monday
in the month of November, eighteen hundred and sixty-seven, and on the
same day in every fourth year thereafter, who shall hold his office for four
years from the time of his election and qualification, and until his successor
is elected and qualified, and shall be re-eligible thereto, and shall be subject
to removal for incompetency, wilful neglect of duty or misdemeanor in
office, on conviction in a court of law.

This section referred to in construing art. 5, sec. 2, and art. 4, sec. 11—see notes
thereto. Groome v. Gwinn, 43 Md. 622.

Sec. 2. All elections for Attorney-General shall be certified to, and
returns made thereof by the Clerks of the Circuit Courts for the several
Counties, and the Clerk of the Superior Court of Baltimore City, to the
Governor of the State, whose duty it shall be to decide on the election and
qualification of the person returned; and in case of a tie between two
or more persons to designate which of said persons shall qualify as
Attorney-General, and to administer the oath of office to the person elected.
This section confers jurisdiction upon the Governor to decide both as to the elec-
tion and qualification of the person returned elected, as well m the case of a contest as
where there is no contest. The legislature would have no power under art. 3, sec. 47,
to confer the above jurisdiction upon any tribunal other than those designated by the
Constitution. Although the Governor has the above jurisdiction, it was intended
that he should be clothed by law with the means and instrumentalities to execute such
power. Implied powers, denied. This section compared with art. 5, sec. 8—see notes to
art. 4, sec. 11. Groome v. Gwinn, 43 Md. 623. (See also concurring opinion in this case. )

Sec. 3. It shall be the duty of the Attorney-General to prosecute and
defend on the part of the State all cases, which at the time of his appoint-
ment and qualification and which thereafter may be depending in the
Court of Appeals, or in the Supreme Court of the United States, by or
against the State, or wherein the State may be interested; and he shall
give his opinion in writing whenever required by the General Assembly
or either branch thereof, the Governor, the Comptroller of the Treasury,
or any State's Attorney, on any legal matter or subject depending before
them or either of them; and when required by the Governor or General
Assembly he shall aid any State's Attorney in prosecuting any suit or
action brought by the State in any Court of the State, and he shall com-
mence and prosecute or defend any suit or action in any of said Courts, on
the part of the State, which the General Assembly or the Governor, acting
according to law, shall direct to be commenced, prosecuted or defended,
and he shall have and perform such other duties and shall appoint such
number of deputies or assistants as the General Assembly may from time
to time by law prescribe; and he shall receive for his services an annual
salary of three thousand dollars, or such annual salary as the General
Assembly may from time to time by law prescribe; but he shall not be
entitled to receive any fees, perquisites or rewards whatever in addition
to the salary aforesaid for the performance of any official duty; nor shall
the Governor employ any additional counsel in any case whatever, unless
authorized by the General Assembly. ¹

¹ Thus amended by the act of 1912, ch. 663, ratified November 4, 1913.