1892. ] OF THE SENATE. 573

addition thereto, for the performance of any Judicial
duty. " The Constitution of 1864 (Article 4, section
21), as above shown, declared that the salary of the
Judges of the Court of Appeals shall be $3, 000, with-
holding any declaration in reference to their increase
or decrease; and by section 28, it said the salary of
the Circuit Judges shall be $2, 500, and "shall not be
increased or diminished during their continuance in
office. "

It will also be observed, that in the Constitution of
1867, while declaring that the salaries of the Judges
of the Supreme Bench of Baltimore city, so far as
these salaries are paid by the State of Maryland, shall
not be diminished, provides in reference to the addi-
tional $500 which the city of Baltimore is authorized
to pay, that when once granted, this shall neither be
increased or diminished during their continuance in
office.

It would therefore seem too clear for any difference
of opinion that power is intended to be lodged some-
where to increase the salaries, in reference to which
there is only a prohibition to decrease; and as the
Legislature has all powers except those prohibited to
it, and as it alone could provide for such increase, it
is clear that to it was intended to be confided the
power to make the increase.

4. Nor is there anything in any other part of the
Constitution of 1867, to affect the construction which
we have, seen must be put on the 24th and 31st sec-
tions of Article 4, when taken by themselves. The
only other sections, so far as I am aware, which are
supposed to bear on this subject, are sections 35,
Article 3, and section 1, Article 15.

Now, while of course all parts of the Constitution
are to be considered when enquiring as to the true
construction of any particular part, yet we must not
forget that the Judicial Department is a separate de-
partment of the State Government, and is dealt with
in a separate Article of the Constitution. The strong-
est presumption therefore exists that this Article was
intended to deal exhaustively with all matters relat-
ing to the tenure and salaries of the Judges, and that
provisions in other Articles of this Constitution,