1892. ] OF THE SENATE. 589

"It is a bad rule that will not work both ways. "
And yet we suppose that under the Constitution of
1851 the Legislature, in the case of the Baltimore City
Judges, was as clearly and positively inhibited, by
the naming and fixing of the salary to be received as
in the case of the other Judges, where a positive in-
hibition to either increase or diminish the salary was
attached to the salary. "Expressio eorum tacitae
insunt nihil operatur" The expression of a clause
which the law implies works nothing.

The people, in their organic law had said they
should receive so much; to organic law being para-
mount and superior to the legislative power, how
could the Legislature say, they shall receive so much
less, or so much more.

In the language of the Court of Appeals, in 4th
Maryland Reports, 230, Thomas vs. Owens, "the pro-
vision that they shall receive 13 equivalent to an ap-
propriation, and the whole matter "is lifted and taken
out of legislative control. "

The Constitution of 1864 provided in section 21 of
Article 4, "that Justices of the Court of Appeals

should annually receive $3, 000, payable quarterly, "
and here it stopped. ,

In section 32, it provided that "the Judges of Bal-
timore City Courts should receive each, an annual
salary of $3, 000, " and here it stopped. In section 28,
it provided that each Judge of the Circuit Courts
should receive a salary of $2, 500 per annum, payable
quarterly, and "it should not be increased or dimin-
ished during his continuance in office. " In the, Leg-
islature Article is the same inhibition on Legislative
control of salaries of officers, as in the present Con-
stitution.

If the doctrine of implication is as contended by the
promoters' and advocates of this bill, then under the
provisions of the Constitution of. 1864, the Circuit
Court Judges were amply protected in their salaries,
while the salaries of the Judges of the other Courts
were liable by legislative act to be either diminished

or increased. "

Certainly such a construction would never have
been placed on the Constitution of 1864. If the