THEODORE R. MCKELDIN, GOVERNOR 1881

County. Examination of the existing local laws on the
subject shows that there is no limitation on the number of
patrolmen, only the establishment of a minimum number
which must be provided. The Bill does create one additional
police captain and three sergeants.

A contention that the Bill would provide salary increases
is not wholly correct. There is provision for a slight pay
differential in grades above the rank of patrolmen. How-
ever, the County Commissioners already have the authority
to make such pay differential and to set all salaries in the
Police Department. This broad general authority is wise
as it prevents the necessity of recurring legislative acts for
salary raises and places the responsibility where it should
lie, i. e., in the hands of the elected executive officials of
Anne Arundel County.

The County Commissioners of Anne Arundel County, who
have requested the veto of this Bill, inform me that the pay
differentials which the members of the Legislature have in-
dicated as desirable will be put into effect by the County
Commissioners under their present authority.

The principal purpose of the Bill actually appears to be
the creation of a Board of Police Commissioners, two of
whose members will be appointed by the Legislative dele-
gation from Anne Arundel County—one by the State Sena-
tor and one by the House delegation—and the third mem-
ber by the County Commissioners of Anne Arundel County.
While this unusual provision for a Legislative appointment
is not clearly unconstitutional, it is definitely contrary to
public policy. Our constitutional form of government rests
upon the distinction between the legislative, the judicial, and
the executive branches of government, and is a system of
checks and balances. The attempt by this Bill to confer
upon members of the Legislature an executive function is
therefore both unwise and unnecessary.

In addition, it should be noted, although not fatal to the
Bill, there is a contradiction between Subsections (a) and
(c) of Section 431 of the Bill. In Subsection (a) the Chief
of Police is authorized to appoint special officers without
approval of the Board of Police Commissioners. In Sub-
section (c) it is provided that all special officers appointed
by the Board of Police Commissioners shall have all of the
police powers of a sheriff.

Because of the fundamental unsoundness of this Bill, I
have vetoed it.

Respectfully,

(s) THEODORE R. MCKELDIN,
TRMcK: R Governor