|
588 JOURNAL OF PROCEEDINGS [Mar. 8,
him? Is he in the purview of the Constitution a
standing constitutional exception, not to be treated or
affected by any provisions however broad, but only
to be reached by special and direct mention?
If so, where is the authority for this mode of con-
struction to be obtained ?
The old Constitution of Maryland did not ascertain
and fix the salaries of the Judges, but in section 30,
of the Bill of Rights, provided "that salaries, liberal
but not profuse, ought to be secured to the Chancellor
and Judges, during the continuance of their commis-
sions, in such manner and at such times as the Leg-
islature shall hereafter direct. "
The whole matter of salary, both as to amount and
time of payment was confided to the Legislature.
The Constitution of 1851 witnessed a departure from
the uncertainty and viciousness of a system like
this.
Section 4, of Article 4, of Constitution of 1851,
Judiciary Department provided "an annual salary of
$2, 500 to be paid to the Judges of the Court of Ap-
peals and that it shall not be increased or diminished
during their continuance in office. "
Section 9 of the same Article provided a salary of
$2, 000 per year for the Circuit Court Judges and "that
the same shall not be increased or diminished. "
Section 12 thereof provided a salary of $2, 500 for
each of the Baltimore City Judges and "omitted" to
provide ''that the same" shall not be increased or
diminished.
Section 23, of Articles, of the Constitution (of 1851, )
title "Legislative Department, " had the same pro-
vision as has already been quoted as being in section
35, of Article 3, of the present Constitution.
Can it possibly be contended that under the pecu-
liar provisions of the Constitution of 1851, the salaries
of the Baltimore City Judges could have been either
diminished or increased by legislative action? If the
doctrine of implication, as contended for by the pro-
moters of this bill, be correct, then, under the Con-
stitution of 1851 the salaries of the Baltimore city
Judges could have been diminished even to the de-
struction and overthrow of the office.
|
