60 NINETEENTH ANNUAL REPORT

April 1, 1954
Dr. Morris L. Radotf
State Archivist
Hall of Records
Annapolis, Maryland

Dear Dr. Radofl:

We are in receipt of your letter of March 4, 1954, in which you
inquire whether destruction of records may be authorized without
regard to statutory retention requirements when such records have
been microfilmed in accordance with the standards established by
the Hall of Records Commission. We have read with interest the
memorandum which you forwarded with your letter.

At the conclusion of your memorandum, the question is re-
stated. Briefly, it is whether a microphotograph produced in ac-
cordance with the provisions of Section 157(a) of Article 41 of
the Annotated Code of Maryland (1951 Edition) is, for the pur-
pose of retention requirements, considered to be a record, thereby
permitting the disposal of the original document from which the
microphotograph was made. Section 15 4 of Article 41 of the 1951
Edition of the Code is Section 127A of Chapter 755 of the Laws
of 1949. The latter Section was construed in 35 Opinions of the
Attorney General 251, at 254, wherein it was said of Section 127A
that: "Nothing herein authorizes destruction of the originals in
contravention of the express language of Section 127A."

While we are mindful of the increasingly heavy burden of
filing and storage of records, it appears that the legislative intent
in using the word "original" was to mean the paper writing, and
not the microfilm copy, must be preserved.

Very truly yours,

(Signed) EDWARD D. E. ROLLINS
Attorney General

(Signed) CHARLES McC. MATHIAS, JR.
Ass I. Attorney General

EDERtLEL
CMM