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Session Laws, 1941
Volume 582, Page 2067   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 2067

Chapter 358 (Senate Bill 379) which is a local measure
applicable to Allegany County, undertakes to change the State-
wide law relating to the appointment of School Trustees.

By its provisions, it requires and directs the County Board
of Education for Allegany County to appoint only residents
of each school district to serve on the District Board of Trus-
tees and provides a penalty of f 50. 00 against members of the
Board who participate in the appointment of a person as
School Trustee not a resident of the District or who fails to
appoint said School Trustee for any district.

The State Law Department has filed a special communica-
tion on this Bill in which the attempted departure from uni-
formity in school legislation is pointed out. The novel pro-
visions in the Bill, particularly those in providing for penalties
through fines, should not be inserted in the State-wide law
by making them applicable to only one county or a portion of
the State. In order to preserve uniformity in school admini-
stration and to guard against any undue limitation upon the
powers and rights of the school authorities, I feel compelled
to veto this measure.

SUSQUEHANNA RIVER BRIDGE.

Chapter 590 (Senate Bill 496); Chapter 896 (House Bill
823). The State Law Department has ruled, in an opinion to
me, that these Bills would be in violation of the indenture
under which the bonds for the Susquehanna River Bridge were
issued.

The official ruling is to the effect that these recently enacted
Bills are invalid.

In view of this official opinion, I have no alternative but to
veto the Bills.

TAX EXEMPTION.

Chapter 421 (House Bill 149). The Attorney General in
his official opinion pointed out that there is a conflict between
Chapter 421 and Chapter 907 (House Bill 712) which latter
enactment is the new general law covering electrical coopera-
tives.

In the official opinion rendered to me, the State Law Depart-
ment explains that the general law "exempts such companies
from all excise or income taxes (except an annual fee of

* * * ??

The legal opinion points out, also, the possible invalidity of
Chapter 421 as a special Act. Under the generally accepted
rule, a special act cannot be passed relating to the subject
matter covered by a general act.

 

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Session Laws, 1941
Volume 582, Page 2067   View pdf image (33K)   << PREVIOUS  NEXT >>


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