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Session Laws, 1959
Volume 642, Page 1492   View pdf image (33K)
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1492                                      Vetoes

provisions provided in the same have already been taken care of in
House Bill No. 332.

Sincerely yours,

(S) J. MILLARD TAWES,

JMT/LS/db

House Bill No. 265—Sale of Alcoholic Beverages

AN ACT to add a new Section 109 (c-1) to Article 2B of the An-
notated Code of Maryland (1957 Edition), title "Alcoholic
Beverages", sub-title "Restrictions Upon Licensees", to follow im-
mediately after Section 109(c) thereof, stating the legislative
intent of the General Assembly in the enactment of this Act;
providing for the filing, publication and maintenance of minimum
prices in sale of alcoholic beverages to consumers; providing for
additional fees for the administration and enforcement of this
Act; providing a penalty for failing to comply with the provisions
of this Act; making special provisions applicable to alcoholic
beverages in and from Montgomery County; and generally amend-
ing the laws concerning the sale and distribution of alcoholic
beverages in this State; AND EXEMPTING CERTAIN COUN-
TIES FROM THE PROVISIONS OF THIS ACT.

May 5, 1959.

Honorable Perry O. Wilkinson
Speaker of the House of Delegates
State House
Annapolis, Maryland

Dear Mr. Speaker:

After full consideration of the arguments for and against House
Bill 265, as advanced at the hearing thereon, and after a careful
study of the opinion of the Attorney General regarding its constitu-
tionality, I have decided to veto the bill. My decision is based partly
upon the serious doubt of the constitutionality of the bill, but pri-
marily upon my firm conviction that it would not serve the general
public good.

In accordance with Article 2, Section 17 of the Constitution of
Maryland, I am herewith returning this bill to the House of Delegates,
the House in which it originated and am setting forth my objection
to the bill therein.

The Attorney General, by opinion dated April 30, 1959 advised
me that his office has strong misgivings over the constitutionality
of this bill and is unable to approve the bill as to form and legal
sufficiency. I am attaching a copy of the Attorney General's letter
and am making it a part of this veto message.

These grave questions as to the constitutionality of the bill as
expressed in the Attorney General's letter, would in themselves weigh
heavily in favor of my vetoing it, but over and above that, I am
convinced that it is not desirable legislation. Although I thoroughly
believe that the alcoholic beverage laws of this State should be such
as to foster a proper spirit of temperance, I do not believe that this
bill would forward that objective. It is not a bill which is directed

 

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Session Laws, 1959
Volume 642, Page 1492   View pdf image (33K)
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