July 23, 2001

Richard E. Israel, Esq.

Assistant Attorney General

Office of the Attorney General

90 State Circle

Annapolis, MD 21401-1991

Dear Mr. Israel,

Enclosed please find photocopies of archival documents relating to your inquiry on the legislative history of two provisions of the Alcoholic Beverages Law, Art. 2B, specifically the law of 1943 Ch. 996 and the law of 1951 Ch. 711. The documents show that the state did declare an interest in temperance and that the laws were enacted in part to help serve that interest. Governor Herbert R. O'Conor was a devout Catholic who was in favor of strengthening state regulation of alcoholic beverages. Immediately after his election to a second term as governor in November of 1942, he followed through on a campaign pledge and appointed an eighteen-member Alcoholic Beverage Survey Commission to study Maryland's liquor laws and to report its findings and recommendations to him. The governor and the members of the Alcoholic Beverage Survey Commission saw a need to simplify laws that had become cumbersome and difficult to administer, and to respond to public concern over shortages of alcoholic beverages brought on by a wartime economy. They also desired to use the liquor laws to help maintain public order, to prevent alcohol abuse among military personnel from hampering the war effort, and to keep unscrupulous profiteers from dominating the liquor industry in Maryland.

The legislative history of the 1951 law is more difficult to discern from our holdings. A Maryland Tax Survey Commission was appointed by Governor William Preston Lane, Jr. in 1949, and the Commission reported its findings on Alcoholic Beverages Taxes in July, 1950. The report included recommendations for amending the alcoholic beverages law and a copy of it is enclosed. You will also find enclosed the 1951 Report of the Alcoholic Beverages Tax Division, Office of the Comptroller of the Treasury which reviewed the legislation enacted in that year (see page two of the report).

Please feel free to call me if you require further assistance. My direct number at the Archives is 410-260-6477.

Sincerely,

Karen A. Dunaway

Research Archivist

Enclosures:

List of sources consulted

GOVERNOR (General File) MSA S1041, partial copy of Governor O'Conor campaign brochure

showing his stance on alcoholic beverages, fall 1942.

GOVERNOR (General File) MSA S1041, statement of Governor O'Conor announcing his intention to

form the Alcoholic Beverages Survey Commission.

GOVERNOR (General File) MSA S1041, unsigned statement titled "Alcoholic Beverages," c. 1942-44.

GOVERNOR (General File) MSA S1041, newspaper clipping announcing formation of the Alcoholic

Beverages Survey Commission.

GOVERNOR (General File) MSA S1041, O'Conor correspondence with several members of the

Alcoholic Beverages Survey Commission

GOVERNOR (General File) MSA S1041, miscellaneous correspondence between Governor O'Conor

and citizens and business managers on the alcoholic beverages law, 1942-43

GOVERNOR (General File) MSA S1041, report of the Alcoholic Beverage Survey Commission dated

January 26, 1943.

GOVERNOR (General File) MSA S1041, O'Conor correspondence with the Office of Price

Administration, December, 1943

GOVERNOR (General File) MSA S1041, O'Conor correspondence with the Board of Liquor License

Commissioners for Baltimore City, December, 1943

COMPTROLLER OF THE TREASURY ALCOHOLIC BEVERAGES TAX DIVISION (Annual

Report) 1940-1969. Report of the Alcoholic Beverages Tax Division, Office of the Comptroller

of the Treasury, 1943

EXECUTIVE COMMISSIONS, COMMITTEES, TASK FORCES, AND ADVISORY BOARDS

(Reports) 1950. Second Interim Report of the Maryland Tax Survey Commission of 1949

covering alcoholic beverages taxes.

COMPTROLLER OF THE TREASURY ALCOHOLIC BEVERAGES TAX DIVISION (Annual

Report) 1940-1969. Report of the Alcoholic Beverages Tax Division, Office of the Comptroller

of the Treasury, 1951

GOVERNOR (General File) MSA S1041, miscellaneous correspondence with Governors Lane and

McKeldin.