1588 OYSTERS. [ART. 72

the same to contain ———— bushels of merchantable oysters, and
—————— bushels of unmerchantable oysters.*

(Signed) ——————————————————
1910, ch. 735, sec. 69A (p. 213).

71.+

1904, art. 72, sec. 70. 1894, ch. 380. sec. 59. 1900, ch. 380. 1906, ch. 188, sec. 70.

72. At the beginning of each oyster season the commander of the
state fishery force shall divide the inspection points in Baltimore city
into four inspection districts and organize the board of inspectors pro-
vided for the city of Baltimore in section 69 of this article, and the
general measurers and inspectors provided in said section 69 shall be
assigned to and remain during the whole season at the specific points
mentioned in said section, subject, however, to the discretion of the com-
mander, and the commander of the state fishery force shall have general
control and supervision over all general measurers and inspectors and
special inspectors, whether appointed by the governor or himself; and
the said general measurers and inspectors and special inspectors are
hereby required' to report to him whenever he shall require the same, and
if they shall refuse or neglect to make such report they shall be fined
for each said failure or refusal the sum of ten dollars, to be deducted
from their salaries, and the said commander shall have the power to
transfer any general measurer or inspector or any special inspector from
any house or district whenever he may deem it best for the good of the
service to enforce the proper inspection, the cull law and the collection
of the tax for the oyster fund.

Ibid. sec. 71. 1894. ch. 380, sec. 60. 1900, ch. 380. 1906, ch. 188, sec. 71.

73. It shall be the duty of said general measurers and inspectors of
oysters to see that the law in reference to the inspection of oysters be
strictly complied with by all subordinates, and the general measurers
and inspectors of oysters shall have authority at all times to enter all
places and all vessels where oysters are being measured and inspected
in the shell and to inspect all the measures or instruments used in meas-

*Section 69 of the act of 1910, ch. 735 (p. 211), was held unconstitutional by
the Court of Appeals of Maryland in Foote v. Claggett, filed June 23, 1911—see
Daily record. June 29, 1911—hence the act of 1910, ch. 433 (p. 205), approved
on the same day as chapter 735. but presumably (by reason of its number)
approved earlier, becomes operative.

The act of 1910, ch. 413, repealed and re-enacted section 69 of the code of
1904 without specific reference either to the act of 1906, ch. 188. or to the act of
1908, ch. 488, both of which also repealed and re-enacted said section. Presum-
ably, however, the legislature of 1910 intended to repeal and re-enact this section
as amended by the acts of 1906 and 1908, and hence the latter acts are not
codified.

+Section 69 A of chapter 735 of the act of 1910 is void or inoperative under the
decision of the Court of Appeals of Maryland in Foote v. Claggett, filed June 23.
1911—see Daily Record, June 29, 1911.