1660                                          Vetoes

Senate Bill No. 304—Baltimore City Police

AN ACT to authorize and direct the Police Commissioner of Balti-
more City to reinstate Shep Hochberg to the Police Department of
Baltimore City as a member of the police force.

April 15, 1957.

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

Dear Mr. President:

Senate Bill 304 requires the Police Commissioner of Baltimore
City to reinstate Shep Hochberg as a member of the Baltimore City
Police Force with the same rank as he had at the time of his resigna-
tion.

Except for now being mandatory, instead of permissive, the pro-
visions of this Bill are virtually identical with those of House Bill
843 of the 1955 session, which I vetoed on May 9, 1955, (Laws of
Maryland (1955) pp. 1326-1327). My veto was sustained by the
General Assembly. At that time I stated "this is another instance
of ill-advised special legislation to serve the interests of a single per-
son in preference to others who may be similarly situated."

Senate Bill 304, as did the Bill heretofore vetoed, recited the favor-
able portion of Mr. Hochberg's record with the Department and the
fact that he resigned. The bill fails to recite the reasons for his
resignation, nor is any cause shown for legislative or executive in-
terference with the administrative discretion vested in the head of
the Baltimore City Police Department.

In my previous veto, I pointed out that the late Commissioner
Ober had thoroughly reviewed with me the facts and circumstances
surrounding the resignation. These facts are distinctly uncompli-
mentary to Mr. Hochberg, and not only show good cause for his
withdrawal from the force, but also for refusing reinstatement. The
present Commissioner has again reviewed these circumstances with
me, and expressed his firm opposition to the reinstatement of Mr.
Hochberg.

At the time of prior veto, a mandamus suit was pending in the
Baltimore City Courts to compel Mr. Hochberg's reinstatement. The
suit was decided adversely to Mr. Hochberg, and confirms the sound-
ness of the Commissioner's finding that Mr. Hochberg's conduct was
"prejudicial to the good order and discipline of the Department."

I have accordingly vetoed Senate Bill 304.

Respectfully,

(s) Theodore R. McKeldin,

Governor.
TRMcK/tk