2130 VETOES

be published in one or more daily newspapers, which require-
ment has been in effect without change since 1826. Since the
statute permits the party at whose expense the notice is pub-
lished to select the paper to be used and expressly prohibits the
judge or other official ordering the publication from naming the
newspaper, the proposed amendment could prove to be a fertile
source of fraud and oppression by enabling litigants to pub-
lish notices in newspapers which are of such limited circula-
tion as not to afford any real notice by publication.

Aside from policy considerations, it would appear that House
Bill No. 603 is unconstitutional in that its title does not comply
with Article 3, Section 29 of the Constitution, which requires
that the title of a law must indicate its subject matter.

For the above reasons, I am returning House Bill No. 603
without my approval.

Respectfully,

THEODORE R. MCKELDIN,
Governor

May 7, 1951

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

Dear Mr. President:

Senate Bill No. 287 is intended to regulate "going out of
business sales". Undoubtedly, many unfair practices have
occurred in the conduct of such sales at the expense of legiti-
mate business. Responsible trade associations of Baltimore
City attest to the necessity for some legislative control of the
evils which have been experienced in such sales and which
have been detrimental to the public interest. While I am
in entire accord and sympathy with the purpose of the legis-
lation, I do not feel that the Bill can be signed in its present
form.

As originally introduced the Bill purported to be State-wide
in its operation. It was thereafter amended to exclude 16
counties, and subsequently it was further amended so that as
finally presented it would apply only in Baltimore City. The
Attorney General advises that the act may be invalid as viola-
tive of the equal protection clause of the 14th Amendment of
the United States Constitution, and Article 23 of the Declara-
tion of Rights of Maryland. The situation is analogous to that
presented by Senate Bill No. 269, regulating sand and gravel
excavation in two counties of the State and which I have also
vetoed today for the same reasons.