50 FIRST TO FOURTH ANNUAL REPORTS

Perlman, Debates of Convention, 1867 p. 328, 374-380, 413.

In accordance with this provision, the Commissioner has, from
time to time, come into possession of many papers and records of
the old Courts and offices of the province of Maryland. The ques-
tion is whether these records may properly he turned over to the
Hall of Records Commission, thus relieving the Commissioner of the
Land Office from the duty of taking care of the same.

I have no difficulty in reaching the conclusion that the provis-
ions of Article VII, Section 5 of the Constitution, were intended to
constitute the Commissioner a residuary custod an of any and all
records "not belonging to any other office/' and further to provide
that in caring for such records, the Commissioner should not be en-
titled to additional compensation. I do not believe the constitutional
provision should be construed so as to prevent the creation of a new
office or commission with more adequate facilities for the preserva-
tion of ancient records not in any way related to the general duties
of the office, or to give the Commissioner any proprietary right as
the custodian thereof.

While it has been frequently said that the Legislature may not
abolish a constitutional office

Little v. Schul, 118 Md. 454, 464;

Calvert Co. v. Monnett, 164 Md. 101, 105

it has been generally recognized by the Courts of other States that
the Legislature may, within reasonable limits, increase or abridge the
duties of a constitutional officer.

46 C. J. page 1036, and cases therein cited.
It is therefore my opinion that the Legislature did not exceed
its constitutional authority in placing the responsibility for the care
of all papers and records of the character indicated, upon the Hall
of Records Commission.

Yours very truly,
HERBERT R. O'CONOR,

Attorney General

(Report and Official Opinions of Attorney General—Maryland 1935,
pp. 271-273)