HERBERT R. O'CONOR, GOVERNOR. 2003

"An Act to repeal and re-enact, with amendments,
Sub-section (g) of Section 29 of Article 39 of the Anno-
tated Code of Maryland (1939 Edition), title 'Fish and
Fisheries7, sub-title 'Tidal Waters', relating to the re-
moval of fish net stakes. "

In reviewing this measure as to its legal sufficiency, the
Attorney-General advises that neither the title nor the Act
makes any reference to the fact that Section 39 of the 1939
Code, which this Bill would repeal, was repealed and enacted
•by Chapter 709 of the Acts of 1941. It is Sub-section (g) of
this latter Act which is changed by this Bill.

The Attorney-General points out that it would be preferable
to refer to the 1941 amendment in the title of the Act as a
legal question might be presented, and if a case under this
section were taken to Court, the present enactment might be
invalidated.

Inasmuch as sufficient time remains for this to be clarified,
I feel that I should not sign the Bill leaving this measure
open to attack.

GRANTSVILLE.

March 26, 1943.
The Speaker of the House,
Maryland House of Delegates,
State House,
Annapolis, Maryland.

Dear Sir:

I am returning, without approval, House Bill 359 (Chapter
208), entitled:

"An Act to repeal and re-enact, with amendments,
Section 209 of Article 12 of the Code of Public Local
. Laws of Maryland (1930 Edition), title 'Garrett County',
sub-title 'Grantsville', providing for maximum annual
compensation for the Mayor and Councilmen of said
municipality. "

The Attorney-General, to whom all Bills are submitted for
official ruling as to their constitutionality and validity, has
given me the following opinion on this Bill:

"This Bill increases the salary of the Mayor and
Councilmen of Grantsville, Garrett County. Appar-
ently the Mayor and Councilmen take office in April, so
that the Bill would create an unconstitutional increase
in salary as to those to be elected in April, since the
Bill takes effect June 1st. "