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Session Laws, 1963
Volume 671, Page 2209   View pdf image (33K)
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J. MILLARD TAWES, Governor                    2209

It is our view that this measure is not constitutional, as we believe
that the title of the Bill is defective.

The title to this Bill indicates that it will "require the refusal of
licensing or the revocation or suspension of licensing, of race track
licensees in this State who are licensed for racing in any other state
or where there is identity of corporate officers among licensees in
this State and other states; * * *" (Emphasis supplied).

This title is not properly descriptive of the contents of this meas-
ure as the Bill itself provides that licenses shall be suspended or
revoked where issued to any person or corporation licensed in "any
adjoining state." This difference between "adjoining state" and
"any other state" is so obvious as not to require prolonged discus-
sion by us, and we find that the discrepancy between the title and the
body of the act is so great as to render the Bill unconstitutional.

We call to your attention the fact that on March 12, 1963, this
office advised the Honorable Irwin F. Hoffman, the sponsor of this
Bill, that the terms of that measure as introduced by him were in
compliance with the Constitution of this State. The measure on
which Mr. Hoffman had sought our views, however, provided in both
the title and the body for revocation of licenses of persons licensed
in any other state. Our view at this time is not contrary to that ex-
pressed by us on March 12th, as we remain of the opinion that the
original measure was constitutional. Our present holding is based
on the amendment to that measure restricting the revocation in the
body of the Bill to persons engaged in racing in adjacent states, and
on the failure of the Legislature to similarly amend the title to the
Bill.

Sincerely,

(s) Thomas B. Finan,

Attorney General.

(s) Robert F. Sweeney,
RFS/mac                                              Assistant Attorney General.

House Bill No. 341—Chiropractors in Medical Care Program

AN ACT to repeal and re-enact, with amendments, Sections 42 (a)
and 43 of Article 43 of the Annotated Code of Maryland (1957 Edi-
tion and 1962 Supplement), title "Health," subtitle "Miscellaneous
Provisions," to authorize the use of chiropractors for treatment of
medically indigent persons under the State program for medical care
for indigent persons, and to authorize such usage under the Balti-
more City program for medical care for the indigent.

May 7, 1963.

Honorable Marvin Mandel
Acting Speaker
House of Delegates
State House
Annapolis, Md.

Dear Mr. Speaker:

In accordance with Section 17 of Article II of the Maryland Con-
stitution, I am returning herewith House Bill No. 341 which I have
today vetoed.

 

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Session Laws, 1963
Volume 671, Page 2209   View pdf image (33K)
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