132 LAWS OF MARYLAND. [Ch. 76]

SEC. 3. And be it enacted, That this act shall take effect
from the date of its passage.

Approved April 1, 1912.

CHAPTER 76.

AN ACT to appropriate a sum of money to pay Frederick Dal-
lam for legal services rendered the State in defending two
suits of D. E. Foot and Company and others, oyster packers,
against the Comptroller of Maryland, involving the consti-
tutionality, validity and effect of Chapter 735 and 413 of
the Acts of the General Assembly of Maryland of 1910, pro-
viding an oyster inspection tax.

WHEREAS, The General Assembly of Maryland, at its Session
of 1910, passed two acts, known as Chapter 735 and 413,
respectively, each providing for an oyster inspection tax,
though at different rates, and with different applications of
the revenue derivable therefrom, and the Governor approved
both of said acts, and on the same day, and the comptroller
was required, under the opinion of the attorney general, to
put into force said Chapter 735, which provides for a tax
of two cents per bushel; and,

WHEREAS, Certain oyster packers declined and refused to pay
said tax of two cents upon the grounds, among others, that
said Chapter 735 was repealed by said Chapter 413, which
provides for a tax of one cent, in that Chapter 413 was the
later approved, and that said Chapter 735 was unconstitu-
tional and void as being repugnant to various provisions of
the Constitution of the United States and of the State of
Maryland; and,

WHFREAS, The comptroller, by virtue of the power and author-
ity conferred on him by sections 37, 38 and 39 of Article 10
of the Code of Public General Laws of the State of Mary-
land of 1904, and the amendments thereto, placed with
Frederick Dallam for legal action the claims for said oyster
inspection tax against D. E. Foote and Company and others,
aggregating many thousands dollars; and,