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Session Laws, 1957
Volume 640, Page 1684   View pdf image (33K)
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1684                                      Vetoes

review by emergency enactments would set a dangerous precedent
in many fields, such as that of zoning boards and other local adminis-
trative agencies with quasi-judicial powers.

It has been urged upon me that in a number of areas, local liquor
boards, by administrative regulation, have superimposed upon the
state-wide licensing requirements, an additional requirement of stock
ownership by the resident corporate licensee. The basis for such
regulations, where imposed, has been an attempt to assure that the
interest of the resident named as one of the licensees is a bona fide
one and that he is not merely acting as a straw party. Whether or
not such an additional requirement is desirable in the particular
area is a matter which has everywhere been entrusted to the dis-
cretion of the local boards, and there is no sound reason for differ-
entiating in one county of the state. Furthermore, such a requirement
is more properly aimed at preventing the licensing of possibly unde-
sirable or unsubstantial non-residents through the guise of an osten-
sible resident. The situation is totally different with an established,
bona fide corporation of the sort involved here; and the residence
qualification of its local officer being the very question involved on
the appeal to the Circuit Court for St. Mary's County should be de-
cided in that Court.

For all of which reasons, I have vetoed House Bill 885.

Respectfully,

(s) Theodore R. McKeldin,

Governor.
TRMcK/tk

House Bill No. 954—Inspection Tax on Clams

AN ACT to repeal and re-enact, with amendments, Sub-section (k)
of Section 663A of Article 66C of the Annotated Code of Maryland
(1956 Supplement), title "Natural Resources", sub-title "Oysters
and Clams", and to add new Sub-sections (k-1), (w) and (x) to
said Article and Sub-title (1956 Supplement), said new Sub-sec-
tion (k-1) to follow immediately after Sub-section (k) thereof and
new Sub-sections (w) and (x) to follow immediately after Sub-
section (v) thereof; relating to an inspection tax for soft shell
clams and the use of the funds derived therefrom; providing for
and relating generally to buying stations for said soft shell clams;
providing for and relating generally to a survey of shoal water
areas of Queen Anne's and Talbot Counties and the marking of
oyster bars therein.

April 17, 1957.

Hon. John C. Luber

Speaker of the House of Delegates

State House

Annapolis, Maryland

Dear Mr. Speaker:

I am returning herewith House Bill 954 without my signature.
The Attorney General was asked to advise me as to legal form and
sufficiency of this bill and he advised me as follows:

 

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Session Laws, 1957
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