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Session Laws, 1955
Volume 620, Page 1327   View pdf image (33K)
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THEODORE R. McKELDIN, GOVERNOR                  1327

in the Police Department and in the Police Pension Fund. The body
of the bill is merely permissive. Whether mandatory or permissive,
this is another instance of ill advised special legislation to serve the
interest of a single person, in preference to others who may be
similarly situated.

The bill correctly recites the resignation of Mr. Hochberg, but no
reason is cited for this legislative interference with the exercise of
sound administrative discretion in the operation of the Baltimore
Police Department. The case was thoroughly reveiwed in a letter
to me from the late Commissioner Ober, which fully explained the
circumstances surrounding the resignation. The facts there recited
are distinctly uncomplimentary to Mr. Hochberg, and serve not only
to show good cause for withdrawal from the Department, but also
for refusal of reinstatement.

I am further advised that prior to the past legislative session, a
mandamus suit was instituted to compel this reinstatement, which
suit is still pending in the courts. This is the proper forum for
orderly review of the Commissioner's action and redress for any
proper grievances of Hochberg. I express no opinion as to the
merits of this claim, except to note that I do not believe it is a matter
properly falling within the legislative or executive province. Ac-
cordingly, I have vetoed House Bill 843.

Respectfully,

(s) THEODORE R. MCKELDIN,

Governor
TRMcK:TK

House Bill No. 871—Alcoholic Beverages Licenses

AN ACT to add a new section to Article 2B of the Annotated Code of
Maryland (1954 Supplement), title "Alcoholic Beverages/' sub-
title "General Provisions on Issue of Licenses," said new section to
be known as Section 45A and to follow immediately after Section
45, relating to the number of licenses that a person, partnership,
firm or corporation may have an interest in, in Baltimore County.

May 18,1955
Honorable John C. Luber
Speaker of the House of Delegates
State House
Annapolis, Maryland

Dear Mr. Speaker :

The codification of the Alcoholic Beverage laws to be found in
Article 2B of the Annotated Code of Maryland (1951 Edition) is one
of the most confusing articles of the Code because of its county
to county variance, often in matters of insignificant detail. Uniform-
ity is the exception rather than the rule.

Section 39 of Article 2B prohibits issuance of more than one
license to any person or for the use of any partnership, corporation
or unincorporated association in any political subdivision of the
State. The language is clear and unambiguous. House Bill 871
attempts to restate this general prohibition in more elaborate
language, to be applicable only in Baltimore County. This would be

 

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Session Laws, 1955
Volume 620, Page 1327   View pdf image (33K)
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