[Art. 2] EXECUTIVE DEPARTMENT 55

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. An-
derson v. Baker, 23 Md. 627.

This section referred to in construing sec. 15—see notes thereto. Harman v. Harwood,
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 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. Sap-
pington 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 connection with
art. 9, sec. 2, art. 2, sec. 10, and art. 15, sec. 3. This section only authorizes the Gov-
ernor 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.