Silver v. Magruder

Maulsby, J., delivered the opinion of the Court. The appellant was appointed State Librarian by the Governor and Senate, in February, 1868. The appellee was appointed to the same office, by the Governor and Senate, in ³⁹⁶ February, 1870. Governor Swann was elected under the Constitution of 1864, for a term of four years from his qualification, which took place on the second Wednesday of January, 1865.

Governor Bowie was elected under the Constitution of 1867, entered upon the discharge of the duties of his office on the second Wednesday of January, 1869, and at the next succeeding regular session of the Legislature — on the 2d of February, 1870 — nominated the appellee to the Senate, which confirmed the nomination. The appellant claims that, by virtue of his appointment, he is entitled to hold the office for four years, and has refused, on demand made, to surrender it to the appellee, who applied for a writ of mandamus, and a pro forma order was passed in the Cii’cuit Court, directing the writ to issue, from which this appeal was taken. The question presented is, whether the right of the appellant to hold the office has terminated, or whether his term continued for four years from his appointment? Section 3, of Article 7, of the Constitution of 1867, provides that “the State Librarian shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall hold his office during the term of the Governor by whom he.shall have been appointed, and until his successor shall be appointed and qualified.” Section 1, of Article 2, provides that “ the executive power shall be vested in a Governor, whose term of office shall commence on the second Wednesday of January next ensuing his election, and continue for four years, and until his successor shall have qualified ; but the Governor chosen at the first election under this Constitution shall not enter upon the discharge of the duties of the office until the expiration of the term for which the present incumbent was elected, unless the said office shall become vacant by death, resignation, removal from the State, or other disqualification of the said incumbent.” The last clause of sec. 9, Art. 15, provides that “the term of office of the State Librarian and of the Commissioner of the Land Office shall commence from the time of their appointment.” ³⁹⁷ The intent and meaning of the makers of the Constitution are to be ascertained, and “ our duty is to interpret it according to its language; where that is plain and unambiguous, we are not at liberty to conjecture what may have been the possible intention of its framers, not expressed in its language.” Smith & Davis vs. Thursby, 28 Md., 260 .

Under the provisions of the Constitution, Governor Swann, the then incumbent, was to continue in the discharge of the duties of the gubernatorial office until the expiration of the term for which he had been elected, unless on the occurring of some one of the contingencies named. In the discharge of those duties, he appointed, with the concurrence of the Senate, the appellant to the office in question. The language of section 3, Aa’ticle 7,