2198                                      VETOES

There is no question that the State, under its police powers, can
regulate to a certain extent obscenity, immorality and lewdness in
shows and exhibitions as is being attempted by the instant statute.
While recognizing this right of the State to minimize all incentives
to crime to protect the public health and morals, we must also recog-
nize the constitutional rights of the public affected by the legislation,
namely, the right to freedom of speech and the right to use one's
property as long as there is no infringement on the rights of others.

Since the statute in question fails to give fair notice to those of
normal intelligence of specifically what acts will be punished, a con-
viction under it would clearly violate the accused's right to pro-
cedural due process.

Very truly yours,

(s) Thomas B. Finan,

Attorney General.
TBF/h

Senate Bill No. 509—Assessors in Frederick County

AN ACT to add new Section 241 to Article 81 of the Annotated
Code of Maryland (1957 Edition and 1962 Supplement), title "Reve-
nue and Taxes," subtitle "State Tax Commission," to follow immedi-
ately after Section 240 thereof, providing that not all of the tax
assessors in Frederick County shall be affiliated with the same politi-
cal party. AND PROVIDING THAT NO CHANGE SHALL BE
MADE IN THE PRESENT COMPOSITION OF THE ASSESSOR'S
OFFICE.

May 6, 1963.

Honorable William S. James
President of the Senate
State House
Annapolis, Maryland

Dear Mr. President:

In accordance with Section 17 of Article II of the Maryland Con-
stitution, I am returning herewith Senate Bill 509 which I have
today vetoed.

Senate Bill 509 provides that before an Assessor in Frederick
County can be appointed under Section 237 of Article 81 of the
Annotated Code of Maryland, the applicant's political affiliation must
be determined before the appointment, in order to avoid having all
the Assessors affiliated with the same political party.

The Director of the State Department of Assessments and Taxa-
tion advised me that he feels this is undesirable legislation, since it
would create an atmosphere of politics in the appointment of our tax
assessors and, because of the nature of their duties and responsi-
bilities, political consideration should have no part in their appoint-
ment.

I concur in the opinion of the Director and feel that it would be
a mistake to make one's political affiliation a condition precedent to