2146 VETOES
would be open to question, all acts of the Commission might
likewise be questioned. In this connection, it should be noted
that the Sanitary Commission is authorized to issue and sell
bonds, which have heretofore been purchased by New York
firms. I have no doubt that counsel for the bonding houses
would inquire into the legality of the appointment of the mem-
bers of the Commission, and it is possible that the entire opera-
tion of the Sanitary Commission would be suspended pending
a judicial determination of the matter.
It might be urged that the intent of the Legislature could
be carried into effect by the Governor and the County Council
agreeing as to the tenure of office for the four members of the
Commission. In this connection, however, I believe that the
decisions of our Court of Appeals are particularly applicable.
I refer to the case of Bosel et al. v. Dorsey, 191 Md. 229, where
the Court said:
"Generally, a court is not a liberty to surmise a legisla-
tive intent contrary to the letter of the statute, or to in-
dulge in the license of inserting or omitting words with
the object of making the statute express an intent which
is not evidenced in the original form. Where the language
is unambiguous, the court has no power to evade it by
forced and unreasonable construction in order to assert its
own ideas of policy of morals. Interpolation of words, in
order to make a statute include matters which the Legis-
lature did not expressly include, invades the function of
the Legislature. We have held that even though a certain
provision, which has been omitted from a statute, appears
to be within the obvious plan or purpose of the statute, and
to have been omitted by inadvertence, nevertheless the
court is not at liberty to add to the language of the
statute. "
The Washington Suburban Sanitary District is a municipal
corporation of great importance to the residents of Montgom-
ery and Prince George's Counties. The development of these
counties depends upon adequate sewer and water facilities, and
should the acts of the Commission be questioned because of
irregularity in the appointment of its members, serious com-
plications in both counties would result.
Therefore, I am returning this Bill without my approval.
Respectfully,
THEODORE R. MCKELDIN,
Governor
|
|