1312                                      VETOES

3.   Previous legislation of which Section 2 of Chapter 1008 of the
Acts of 1943, is the most recent, constitutes the members of the Com-
mission, a body corporate, with the right to use a common seal, to
sue and be sued, and to perform other necessary corporate acts.
These provisions are expressly repealed by House Bill 505. The
Bill does contain a disclaimer to the effect that the term "municipal
corporation" as used in the Home Rule amendment to the Constitu-
tion, (Article 11-E) does not cover the Commission, and recites its
incorporation by Chapter 448 of the Acts of 1927. However, these
provisions of the 1927 Act were repealed and re-enacted by Chapter
1008 of the Acts of 1943, which in turn would be repealed by the
instant Bill. Consequently, it appears that none of the aforegoing
corporate provisions would survive if this Bill becomes law. Since
I am advised that the Commission holds title to large tracts of land,
and contemplates further issuance of bonds to provide capital funds
for its purposes, impairment of its status as a corporation, in addi-
tion to the questionable status of one of its members, referred to
above, would present serious legal questions as to its present
capacities.

4.   While the Bill provides for gubernatorial appointment of Com-
mission members, the power is preserved in name only. The Chief
Executive under this Bill would merely ratify the nominations of the
governing bodies of the two counties, and would lose his power to
remove members for misconduct. This power is abolished, not trans-
ferred. In Montgomery County, the arrangement might even be
construed to authorize the County Council to abolish the District
under the authority of Section 5(P) of Article 25A of the Annotated
Code of Maryland (1951 Ed.), dealing with the powers of Chartered
Counties. The ostensible authority, nominal in character, placed in
the Governor is a meaningless shift of responsibility from the real
appointing authority.

Elimination of discretionary appointing authority is wholly incon-
sistent with the nature of this bi-county agency. The Commission
is designated by statute as the representative of the State of Maryland
for the purpose of dealing with the National Capital Park and
Planning Commission, a federal agency established in 1926, and is
further authorized to act with other representatives of the United
States, the District of Columbia, the State of Maryland, the State of
Virginia, or Montgomery and Prince George's Counties or any local
subdivision within said counties or states. It would seem obvious
that if the Commission is to function in some capacities as a state
agency, with jurisdiction by law transcending local county lines and
considerations, some discretionary latitude should be provided in
appointments to membership, especially since it is sought to preserve
such responsibility in form.

5.   The Commission has enjoyed an outstanding non-political status
and a stature of eminent professional capacity in its field. As an
advisory agency charged with the duty of planning the District as a
unit and of making vital recommendations to the governing bodies
of the two counties, its existing independence is a matter of public
concern. Under the proposed revision, such autonomy could largely
be destroyed or effectively weakened.

for all of which reasons I have vetoed House Bill 505.

Respectfully,

(s) THEODORE R. MCKELDIN,

Governor