HERBERT R. O'CONOR, GOVERNOR. 797

land (1939 Edition), title "Merit System", providing
that certain positions in the State Law Department be in-
cluded in the classified service, and declaring the status
of certain employees now or heretofore employed in such
positions.

WHEREAS, the Merit System Law by its terms excludes
from the classified service positions in the State Law De-
partment but also by its terms purports to authorize the
Governor, by executive order, to add to the classified serv-
ice places of employment excluded therefrom by the Law
itself; and

WHEREAS, by executive order dated December 28th, 1920,
certain positions in the State Law Department were
added to the classified service as of January 1, 1921; and

WHEREAS, in reliance upon said executive order the posi-
tions affected thereby have been deemed since January 1,
1921, to be within the Merit System and the present and
past holders thereof were qualified, certified, appointed
and otherwise treated as if they were within the classified
service; and

WHEREAS, the Court of Appeals of Maryland has recently
held that the said executive order is invalid, thereby jeop-
ardizing the status and rights of said employees which they
have heretofore been supposed to possess; therefore

SECTION 1. Be it enacted by the General Assembly of
Maryland, That Section 2 of Article 64A of the Annotated
Code of Maryland (1939 Edition) be and the same is
hereby repealed and re-enacted, with amendments, to read
as follows:

2. The following positions shall not be included in the
classified service, namely: Those held by officers elected
by popular vote and officers whose appointment and elec-
tion is provided by the Constitution, including deputy
clerks provided for by the Constitution, Article 4, Sections
26 and 27; officers and employees of the General Assem-
bly or of either House thereof; officers and employees ap-
pointed or designated by any court or judge thereof;
deputies, assistants and employees appointed or designated
by any Sheriff, any Register of Wills, any Clerk of Court,
any State's Attorney, or any Board of Supervisors of Elec-
tions; supervisors of assessments in the several counties;
the Deputy and Assistant Attorneys General and all other
. attorneys employed in, or connected with, the State Law