1770                                      Vetoes

measure, or as a combination of the two. In any event, it is my con-
sidered judgment, after long thought and consultation with various
agencies of the State, that this Bill would have a state-wide impact
on conservation and taxation, and that in the interest of the general
welfare of the people of Maryland, the subject matter of the Bill
should be studied and considered on a State-wide basis.

In addition to the foregoing, the Attorney General has called atten-
tion to the fact that one possible interpretation of the Bill is that it
creates a sales tax, rather than a severance tax, and that if this in-
terpretation were correct, the Bill would present serious questions of
constitutionality. The Attorney General finally resolved the question
in favor of the constitutionality of the Bill, but recognized that there
were grave and serious questions in this regard.

For the foregoing reasons, I feel that I am left with no alternative
than to veto this Bill.

With kindest personal regards and best wishes, I am

Sincerely yours,

(s) J. MILLARD TAWES,

Governor.
JMT/rnb

House Bill No. 887—Director of Tidewater Fisheries

AN ACT to repeal and re-enact, with amendments, Section 9 (a) of
Article 66C of the Annotated Code of Maryland (1960 Supplement),
title "Natural Resources", subtitle "In General", subheading "De-
partment of Tidewater Fisheries", providing that the Director of
the Department of Tidewater Fisheries shall be appointed by the
Governor and shall hold office at the pleasure of the Governor.

May 4, 1961.

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

Dear Mr. Speaker:

In accordance with Article II, Section 17, of the Maryland Con-
stitution, I am returning to you herewith House Bill No. 887 which
has been vetoed by me.

The Bill provides that the Director of the Department of Tidewater
Fisheries shall be appointed by the Governor and shall hold office
at the pleasure of the Governor.

Under the present law, the Director is appointed by the Commission
of Tidewater Fisheries with the approval of the Governor and holds
office at the pleasure of the Commission.

Since the creation of the Commission in 1959, the position of Direc-
tor has never been filled and the duties of the important post have
been performed by the Chairman of the Commission. The members
of the Commission have assured me, however, that within a period of
60 days a Director will be appointed by them, subject to my approval,
as provided in the present law.