J. MILLARD TAWES, GOVERNOR                             1759

Based upon the opinion of the Attorney General, I feel I have no
choice than to exercise my power of veto.

With kindest regards, I remain

Sincerely yours,

(S) J. MILLARD TAWES,

Governor.

JMT/S/ss
enclo.

Enclosure—Copy of Letter from State Law Department:

April 25, 1961.
Honorable J. Millard Tawes,
Governor of Maryland
Annapolis, Maryland

Re: Senate Bill No. 459
Dear Governor Tawes:
You have requested this office to examine Senate Bill No. 459.

This Bill would make it unlawful to peddle merchandise in Wicomico
County without a license. The license is to be issued by the Sheriff
after application and payment of a $2.00 fee. Proposed Section 24A(c)
grants an exemption to persons selling farm produce and seafood
which have been derived from Wicomico County. Although there is
no objection to exempting a class of produce, such as farm produce
or seafood, nevertheless the exemption must be uniform within the
class; otherwise it tends to discriminate against persons of the same
class who are non-residents of the County or of the State. Since
Senate Bill No. 459 in effect would require a license for farm produce
and seafood which had been derived from another State, it places a
discriminatory burden on interstate commerce and an additional bur-
den on non-residents of the County. Such a condition is in contra-
vention to the commerce clause in Section 8, Article I and the privilege
and immunities clause, Section 2, Article IV of the Constitution of
the United States.

Because of the discriminatory feature in the exemption, I have
serious doubt as to the constitutionality of Senate Bill No. 459, and
therefore cannot approve it as to legal form and sufficiency.

Very truly yours,

Thomas B. Finan,

Attorney General
TBF:B

Senate Bill No. 544—Additional Judge in Fourth Circuit

AN ACT to add new Section 32D to Article 26 of the Annotated
Code of Maryland (1957 Edition and 1960 Supplement), title
"Courts", sub-title "Circuit Courts for the Counties—Court Sten-
ographers", to follow immediately after Section 32C thereof, to
authorize an additional judge for the Fourth Judicial Circuit resi-