1658                                      Vetoes

result to the 12-year program through engendering unnecessary
controversy by permanent elimination of funds available from in-
creased license fees and thus relegating a matter already settled after
mature deliberation, again to the field of conflicts and pressure neces-
sarily inherent in such matters.

Respectfully,

(s) Theodore R. McKeldin,

Governor.
TRMcK:tk

Senate Bill No. 140—Rockfish*

AN ACT to repeal and re-enact, with amendments, Section 288 of
Article 66C of the Annotated Code of Maryland (1951 Edition),
title "Natural Resources", sub-title "Fish and Fisheries", sub-head-
ing "Sizes of Commercial Fish", providing that in the Potomac
River it shall be lawful to catch striped bass weighing up to twenty-
five (25) pounds.

April 1, 1957.

Honorable Louis L. Goldstein
President of the Senate
State House
Annapolis, Maryland

Dear Mr. President:

Senate Bill 140 provides an exception to the 15 pound weight limit
on the catching of rockfish, also known as striped bass. The exception
is applicable only in the Potomac River, and raises the weight limit
there on catching rockfish to 25 pounds. However, no change was
made in the existing limitation against killing, selling, offering to buy
or sell, or exposing for sale, or possessing any rockfish weighing
more than 15 pounds.

There are two possible constructions of this statute. It may be
argued that legalization of the 25 pound weight limit on catching
rockfish in the Potomac River impliedly carries with it the rights
and incidents of possession. Under such a construction, the 15 pound
weight limit on possession and sale, clearly applicable in the re-
mainder of the State, would be rendered virtually meaningless. At-
tempted enforcement of the law against possession rockfish over 15
pounds in weight could be met by a contention that the rockfish were
caught in the waters of the Potomac, and the burden might well be
upon enforcement officials to prove that the fish were caught else-
where.

The alternate, and more probable, construction is that the plain
language of the statute merely raises the weight limit as to catching
of rockfish and retains the 15 pound limitation on possession and
sale. This would maintain a uniform 15 pound limitation throughout

* Vetoed by the Governor on March 30, 1957. The bill was passed over the
Governor's veto by the Senate on March 30, but the veto was sustained in the
House of Delegates on April 1, 1957.