J. MILLARD TAWES, Governor                      2211

House Bill No. 502—Pension for Former Governors

AN ACT to add new section 15B to Article 41 of the Annotated
Code of Maryland (1957 Edition and 1961 Supplement), title "Gov-
ernor—Executive and Administrative Departments," subtitle "The
Executive Department," subheading "Head of Department," to fol-
low immediately after Section 15A thereof, providing for the pay-
ment of a pension or salary to every former governor of this State,
and fixing the amount, conditions and procedures applicable to such
payments.

May 6, 1963.

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

Dear Mr. Speaker:

In accordance with the provisions of Article 2, Section 17, of the
Maryland Constitution, I have vetoed House Bill 502, and I am re-
turning this Bill to you accompanied by my veto message.

House Bill 502 provides "a pension or salary calculated at the rate
of twelve hundred dollars ($1,200) per annum for each year, or
portion thereof, of service in the office of Governor" for every
former Governor of Maryland. The pension or salary would be paid
to all former Governors living at the time of the enactment of the
Bill.

The Attorney General of Maryland has advised me that House
Bill 502 violates two provisions of the State Constitution.

Article 2, Section 21, provides that "The Governor ..... shall
receive for his services an annual salary of Fifteen Thousand
Dollars."

Article 3, Section 35, provides that "No extra compensation
shall be granted or allowed by the General Assembly to any public
Officer, Agent, Servant or Contractor, after the service shall have
been rendered, or the contract entered into; nor shall the salary or
compensation of any public officer be increased or diminished dur-
ing his term of office ....."

The Attorney General also has advised me that the great weight
of legal authority indicates that, where a Constitutional provision
prohibits payment of extra compensation to public officers after
services have been rendered, an attempt to provide a pension for one
who has left the service of the State prior to the enactment of the
Statute would be unconstitutional.

The Attorney General also has indicated that an attempt to in-
crease the salary of the Governor by Legislative action would be un-
constitutional inasmuch as all previous increases in the salary of the
Governor have been by Constitutional amendment.

For these reasons, the Attorney General has advised that House
Bill 502 could not constitutionally apply to Governors already retired