Marshall v. Harwood
Court of Appeals of Maryland
Appeal from the Circuit Court of Anne Arundel county. On the 22nd of January 1852, the legislature, by joint vote, elected Mr. Bateman State librarian, “according to the constitution, for the term of two years.” Mr. Bateman resigned the office on the 20th of April 1853, and on the 23rd of that month, the appellee, by joint vote of the legislature, “was duly elected Stale librarian.”
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Appeal from the Circuit Court of Anne Arundel county. On the 22nd of January 1852, the legislature, by joint vote, elected Mr. Bateman State librarian, “according to the constitution, for the term of two years.” Mr. Bateman resigned the office on the 20th of April 1853, and on the 23rd of that month, the appellee, by joint vote of the legislature, “was duly elected Stale librarian.” On the 7th of March 1854* the appellant was in the same manner “duly elected State librarian,” and insisting that the appointment of the appellee was only for the unexpired balance of Mr. Bateman’s term* and…
1Opinion of the CourtMason, J.
There is but one clause in the constitution relating to the office of librarian, and that is the 7th section of the 7th article, which provides, that “the State librarian shall be elected by the joint vote of the two branches of the legislature, for two years, and until his successor shall be elected and qualified.”
The import of this language, taken in its usual sense, is free from doubt. Unless then it be repugnant to sound sense and reason, and to the manifest intention of the framers of the constitution, as gathered from other analogous portions of the instrument, we must give it its…
2Cited by22 opinions
- Spears v. DavisTexas Supreme Court · 1966
- State ex inf. Major ex rel. Sikes v. WilliamsSupreme Court of Missouri · 1909
- Clark v. State, ex rel. GravesSupreme Court of Alabama · 1912
- Harwood v. MarshallCourt of Appeals of Maryland · 1856
- State ex rel. Withers v. StonestreetSupreme Court of Missouri · 1889
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