584 JOURNAL OF PROCEEDINGS [Mar. 8,

If with or without this attachment or clause to the
salary as ascertained and named it could not have
been diminished, and if this attachment may have
been made "Ex abundanti cautela" wherein arises
the necessary implication and logical inference, that
as a like prohibitory clause as to the matter of in-
crease was not attached, therefore the framers of the
Constitution intended to leave the matter of increase
wholly in the discretion of the Legislature.

It was never for a moment conceived or appre-
hended that an increase would be attempted, and
hence no necessity for a prohibitory attachment or
clause to the provision for a salary was suggested and
lience Ex abundanti cautela, it was not deemed neces-
sary to attach a prohibitory clause.

Besides all this, the general tone and spirit pervading
the whole instrument and its express provisions as
contained in other parts of the Constitution would
thwart and prohibit any attempt at an increase.

But it will be said that this implication of a legis-
lative power and right to increase is justified or made
apparent by the use of the prohibitory clause "shall
not he diminished or increased" when provision is
made for an actual, certain and definite increase or
addition to the salaries of the Baltimore City Judges,
"during the continuance of said Judges in office, " to
be granted and said by the Mayor and City Council
of Baltimore, the question being why should the pro-
vision "Shall not be increased" as well as "Shall not
be diminished" be used here and not in the naming
and ascertaining of the salary to be paid out of the
State Treasury, if the general right to increase did
not and was not intended to exist in the case of the
latter. The answer is, that the matter being specially
dealt with was the matter of an increase of salary, an
increase to a limited extent and from a named source,
being provided. But so careful are the framers of
the Constitution in making provision for this increase,
while it provides it shall not come out of the State
Treasury, it immediately further provides that "thus
lar shall thou go and no further. " When this ad-
dition is made it shall become fixed, final and unal-
terable, it shall neither be subject to be added to or
taken from.