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Volume 664, Page 165   View pdf image (33K)
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COMPARISON OF CONSTITUTIONS

PROPOSED CONSTITUTION OF 1968

CONSTITUTION OF 1867


sentatives of all agencies, and for all in-


stitutions applying for State moneys. After


such public hearings he may, in his discre-


tion, revise all estimates except those for


the legislative and judiciary departments,


and for the public schools, as provided by


Law.

Clemency


Section 4.34. Executive Clemency.

Art. II, sec. 20. He shall have power to

The governor shall have power to grant

grant reprieves and pardons, except in

reprieves, commutations, and pardons, except

cases of impeachment, and in cases, in which

in cases of conviction upon impeachment,

he is prohibited by other Articles of this

and to remit fines and forfeitures for offenses

Constitution; and to remit fines and for-

against the State. At least annually he shall

feitures for offences against the State; but

file with the Court of Appeals a public re-

shall not remit the principal or interest of

port of the instances of the exercise of this

any debt due the State, except in eases of

power.

fines and forfeitures; and before granting a


nolle prosequi, or pardon, he shall give


notice, in one or more newspapers, of the


application made for it, and of the day


on, or after which, his decision will be


given; and in every case, in which he


exercises this power, he shall report to


either Branch of the Legislature, whenever


required, the petitions, recommendations


and reasons, which influenced his decision.

State's Attorney

The State's Attorneys.

Section 4.35. State's Attorney.
There shall be a state's attorney in each
county or district which may be prescribed
by the General Assembly by law. He shall be
elected by the voters of the county or district
in which he seeks office. The term of office,

Art. V, sec. 7. There shall be an At-
torney for the State in each county, and
the City of Baltimore, to be styled "The
State's Attorney," who shall be elected by
the voters thereof, respectively, on the
Tuesday next after the first Monday of

functions, powers, duties, method of filling
vacancies, and all other matters relating to
the office shall be prescribed by the General
Assembly by law.

November, in the year, nineteen hundred
and fifty-eight, and on the same day every
fourth year thereafter; and shall hold his
office for four years from the first Monday
in January next ensuing his election, and


until his successor shall be elected and


qualified; and shall be re-eligible thereto,


and be subject to removal therefrom, for


incompetency, willful neglect of duty, or


misdemeanor in office, on conviction in a


Court of Law, or by a vote of two-thirds


of the Senate, on the recommendation of


the Attorney General.


Sec. 8. All elections for the State's


Attorney shall be certified to, and Returns


made thereof, by the Clerks of the said


counties and city, to the Judges thereof,


having criminal jurisdiction, respectively,


whose duty it shall be to decide upon the


elections and qualifications of the Persons


returned; and, in case of a tie between two


or more Persons, to designate which of said

165


 

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