[Art. 5] ATTORNEY-GENERAL AND STATE'S ATTORNEYS 121

Injunction proceedings to restrain the city of Baltimore from carrying out the
provisions of an ordinance alleged to be unconstitutional and void, may be instituted
by taxpayers of Baltimore city specially damaged thereby; the attorney-general need
not be a party. Baltimore v. Gill, 31 Md. 394.

Where an appeal is taken by an attorney employed by private parties to assist the
state's attorney, without the latter's consent or co-operation, and the motion to dismiss
the appeal is not opposed by the state's attorney or the attorney-general, the motion
will prevail. State v. Carter, 49 Md. 10.

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

Sec. 4. No person shall be eligible to the office of Attorney-General who
is not a citizen of this State, and a qualified voter therein, and has not
resided and practiced Law in this State for at least ten years.

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. 5. In case of vacancy in the office of Attorney-General, occasioned
by death, resignation, removal from the State or from office, or other dis-
qualification, the said vacancy shall be filled by the Governor for the residue
of the term thus made vacant.

Sec. 6. It shall be the duty of the Clerk of the Court of Appeals and
of the Commissioner of the Land Office, respectively, whenever a case shall
be brought into said court or office in which the State is a party or has
interest, immediately to notify the Attorney-General thereof.

The State's Attorneys.

Sec. Y. There shall be an Attorney for the State in each County and the
City of Baltimore, to be styled "The State's Attorney, " who shall be
elected by the voters thereof, respectively, on the Tuesday next after the
first Monday in November, in the year eighteen hundred and sixty-seven,
and on the same day every fourth year thereafter; and shall hold his office
for four years from the first Monday in January next ensuing his election,
and until his successor shall be elected and qualified, and shall be re-eligible
thereto, and be subject to removal therefrom for incompetency, wilful
neglect of duty, or misdemeanor in office, on conviction in a Court of Law,
or by a vote of two-thirds of the Senate, on the recommendation of the
Attorney-General.

Art. 5, sec. 1, of the Constitution of 1851, referred to in construing art. 4, sec. 18, of
the Constitution of 1851—see notes to sec. 41. Sappington v. Scott, 14 Md. 54.

See notes to art. 4, sec. 32, and art. 5, sec. 9.

See art. 10, sec. 33, et seq., of the An. Code.

Sec. 8. All elections for the State's Attorney shall be certified to and
returns made thereof by the Clerks of the said counties and city to the
Judges thereof having criminal jurisdiction, respectively, whose duty it
shall be to decide upon the elections and qualifications of the persons
returned; and in case of a tie between two or more persons, to designate
which of said persons shall qualify as State's Attorney, and to administer
the oaths of office to the person elected.
See notes to art. 5, sec. 2.

Sec. 9. The State's Attorney shall perform such duties and receive
such fees and commissions or salary, not exceeding three thousand dollars,
as are now or may hereafter be prescribed by law; and if any State's At-
torney shall receive any other fee or reward than such as is or may be