2112 VETOES

Therefore, I am returning this Bill without my approval.

Respectfully,

THEODORE R. MCKELDIN,

Governor

TRMcK/jmt

May 7, 1951

Hon. George W. Delia
President of the Senate
State House
Annapolis, Maryland

Dear Mr. President:

I requested the Hon. Hall Hammond, the Attorney General,
to advise me as to the form and legal sufficiency of Senate
Bill 161, and he commented as follows:

"The constitutionality of this Bill is doubtful for the reason
that the title is not descriptive of what the Bill does and is
somewhat misleading. The Act repeals and re-enacts, with
amendments, Section 14 of Article 72 of the Code, title 'Oysters
and Clams, ' to require a license of all persons over the age
of fourteen to take soft clams and to eliminate the provisions
imposing a tax on clams sold, and exempting certain Counties
from the provisions of this Act.

"Actually, the Bill requires a license of all persons over four-
teen to take either soft or hard clams of a certain species.
Further, it changes the law relating to clam dealers' licenses,
to require that the licenses be obtained from the Clerk of the
Court of the County wherein the applicant trades as a clam
dealer. Under existing law he is required to obtain the license
from the Clerk of the Court of the County wherein he resides.
There is no mention of this change in the title of this amend-
ment. "

While this Bill has some merit in protecting a great and
much needed clam industry in the State, the exemptions
granted to a number of the principal clam producing counties
makes it impossible to secure reliable statistics on resources
management. It is desirable to develop legislation that will
provide this background.

Therefore, I am returning Senate Bill 161 without my ap-
proval.

Respectfully,

THEODORE R. MCKELDIN,

Governor

TRMcK/o'c