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Session Laws, 1939
Volume 581, Page 1720   View pdf image (33K)
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1720 VETOES.

workable. The Masters express themselves as in accord with
the main object and purposes of the bill.

However, this Bar Association Committee, composed of the
Masters of Chancery, recommend its disapproval for the rea-
son that the bill only requires that "sworn statements" of two
physicians be produced that the spouse is insane.

The committee is alarmed at the prospect that "sworn state-
ments" would make possible the granting of divorces without
the witnesses appearing and being subject to cross-examina-
tion.

I quote the following excerpt from the opinion rendered to
me by the Masters of Chancery:

"We take 'sworn statements' to mean affidavits. This means
that under this law a person may be decreed to be permanently
and incurably insane and a divorce granted without the per-
sonal appearance of a physician either before the Examiner or
before the Court; and although the bill provides specifically
for the appearance and answer on behalf of the defendant by a
Guardian ad Litem or a Committee, and for the appointment
of counsel to appear for and represent the defendant, yet, if
affidavits are filed, such counsel would be afforded no oppor-
tunity whatever to see and hear the two medical witnesses or
to cross-examine them either as to their qualifications or as to
the subject matter of their testimony. In addition to this, in
the case of a non-resident defendant, the affidavits of non-
resident physicians could be filed in the case and thereby the
opportunities for fraud would be greatly increased. We there-
fore recommend that this bill be disapproved for the reasons
stated. "

In view of this recommendation, I intend to veto these two
last named measures, having already approved the first.

DUPLICATE BILLS.

The following are duplicate bills and are being vetoed be-
cause identical or similar bills were passed by the General
Assembly and have been approved:

Chapter 71 (Senate Bill 31). Court of Appeals. Author-
izing the Court of Appeals to prescribe by general rules the
practice and procedure in all civil actions throughout the
State and conferring rule-making power upon the respective
courts of record in the State, and enlarging the jurisdiction of
the courts of Baltimore City under certain conditions. Same
as Chapter 719.

Chapter 246 (House Bill 47). Armory. Authorizing the use
of ($100, 000. 00) of the balance of the million dollar State
Office Building loan for the erection of a new Armory in An-


 

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Session Laws, 1939
Volume 581, Page 1720   View pdf image (33K)
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