Merrill v. Board of County School Commissioners

Robinson, J., delivered the opinion of the Court. The order granting the injunction in this case must he reversed. The parties to this appeal, are each claiming to he the legally constituted Board of School Commissioners of Garrett County. The appellees were appointed by the Circuit Court of the county, under the Act of 1872, ch. 877; and the appellants, save Hinebaugh, were appointed by the Governor, under the Act of 1888, ch. 58, which repeals so much of the Act of 1872, as conferred the appointment upon the ²⁷¹ Circuit Court.

The validity of the appointment of the appellants is assailed on the ground that the Act of 1888 was passed, and their names submitted to the Senate after the expiration of fifty days from the commencement of the session of the Legislature. The question turns upon the construction of section 18, of Article 2, of the Constitution, which provides that: “All civil officers appointed by the Governor and Senate, shall be nominated to the Senate within fifty days from the commencement of each regular session of the Legislature." The main object of .this provision was, to afford to the Senate full opportunity to ascertain and pass upon the fitness and qualifications of the several appointees nominated by the Governor for its confirmation, and which could not be done, if the appointments were delayed till the l^st days of the session. But this like.all other provisions, must have a reasonable construction, keeping in view the object for which it was adopted. And thus construing it, we cannot suppose the framers of the Constitution meant it to apply to appointments to be made by the Governor under laws passed during the session of the