ART. 72] GENERAL MEASURERS AND INSPECTORS. 779

the contrary to establish his said claim by clear and satisfactory evi-
dence. All such special inspectors may be removed at any time by the
commander for neglect or malfeasance in office, and said commander
shall report to the governor any neglect of a general measurer or in-
spector. The Commander of the State Fishery Force shall furnish to
each of the said special inspectors certificates in book form, supplied
with carbon paper, so that each of the said triplicate certificates shall
be exactly the same; the form of the certificates shall be as follows:

............................ 19.......

I hereby certify, that I have this day inspected for Captain........

....................... schooner....................... a cargo

of oysters caught within the limits of the State of Maryland, sold to
...................... and found the same to contain............

bushels of merchantable oysters and........................bushels

of unmerchantable oysters.

(signed) .......................

Section 69 of the act of 1910, chapter 413, is constitutional and valid.
In a suit by the state for fees due under said act, fees paid by the defend-
art under the act of 1010, chapter 735 (held unconstitutional in Foote V.
Olaggett, 116 Md. 229), could not be recouped. The act of 1910, chapter
735, and the act of 1910, chapter 413, distinguished. Fees charged by the
latter act held not excessive since this section is only a component part
of a comprehensive system embodied in this article, and the expense of
inspection mentioned in this section cannot be separated from the wider
inspection provided by other sections or from the general expenses of the
state fishery force. Foote v. Stanley, 117 Md. 336 (reversed by the Su-
preme Court of the United States—see Daily Record, March 7, 1914—and
the tax imposed by this section held void).

Section 69 of the act of 1910, chapter 735 (p. 211), was declared uncon-
stitutional in the case of Foote v. Claggett, 116 Md. 229. And see Foote v.
Stanley, 117 Md. 337 (reversed by the United States Supreme Court—see
Daily Record, March 7, 1914).

1914, ch. 154.

71.* The special inspectors provided for in Section 70 of this Arti-
cle shall likewise inspect in the manner set forth in said Section 70 all
oysters caught beyond the limits of the State of Maryland and brought
within said State, and an inspection charge of one-third of a cent per
bushel is hereby levied in order to help defray the expenses of such
inspection upon all such oysters unloaded from vessels at the place in
Maryland where said oysters are to be no further shipped in bulk in
vessels, to be charged equally to the buyer and seller, but to be paid
weekly to the Comptroller of the State Treasury or his agent, by the
buyers; the certificate given the general measurer and inspector shall
De by him mailed weekly to the Comptroller, or his agent, and in case
the amounts of money shown to be due be not paid in one week there-

* Section 69A of chapter 735 of the acts of 1910 (p. 211) is void or inoperative
under the decision in Foote v. Claggett, 116 Md. 229. And see Foote v. Stanley,
117 Md. 337 (reversed by the United States Supreme Court—see Daily Record,
March 7, 1914).