1892. ] OF THE SENATE. 557

This was amended so to read: "And shall not be
increased or diminished hiring their continuance in
office. " (Debates, 2nd Vol., p. 557.. )

A motion was made to reconsider the vote of the
Convention by which the words "increased or" had
been inserted. This motion was made by Mr. Wil-
liam A. Spencer, of Queen Anne's county, and on the
specific ground that he was in favor of the Legislature
having the power to increase the salary, and was op-
posed to the restriction which could be placed upon it
by these words. The argument was, that by striking
out the prohibition on the Legislature to increase
the salaries, it left the power to make the in-
crease when it should think proper, and would place
it precisely as it was under the old Constitution.

He said "it seems to me that if you fix it so that it
shall not be diminished while in office, and give the
people, through the Legislature, the right to give
them more by way of fixed salary, if it should be nec-
essary as a matter of justice, it will be the best ar-
rangement we can adopt; I think it is assuming too
much to suppose that we can decide for all time to
come, the proper remuneration of a Judge of the Court
of Appeals. "

The Convention refused to strike out the words in
question by a vote of 5 to 63. (Second Vol. Debates,
pages 558-559, )

When the present Constitution was adopted, the
provisions of the former Constitutions were carefully
considered; the change in the use of the language on
the subject, showed that the members of the Conven-
tion of 1867 had considered the question, and by the
wording as adopted by them, simply intended to pre-
vent the Legislature from diminishing the salaries
below the figure named, and left the Legislature free
to increase the same at its pleasure.

(3). But it is supposed that section 35, of Article 3,
has some bearing on this subject. This section pro-
vides that "no extra compensation shall be granted or
allowed by the General Assembly of Maryland to any
public officer, agent, servant or contractor after the
service shall have been rendered, or the contract
entered into; nor shall the salary or compensation of
any public officer be increased or diminished during
his term of office.