J. MILLARD TAWES, Governor                     2221

per annum, payable quarterly, with a deduction of Fifteen Dollars
($15.00) per diem for each day of unexcused absence from any
session; ....."

Article Three, Section 35, says in part: "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
during his term in office ....."

The Attorney General believes that the Bill, by providing a pen-
sion to former members of the General Assembly, would constitute
extra compensation to a public officer after the services have been
rendered. He has cited instances in which the Courts have ruled this
to be the case.

Another persuasive consideration cited by the Attorney General is
the fact that each previous attempt to increase the annual compen-
sation of members of the General Assembly has been by Constitu-
tional Amendment. Chapter 112 of the Acts of 1962 was an attempt
to increase the compensation of members of the General Assembly
to $3,000 per annum. This proposed amendment was not approved
by the voters.

Therefore, for the reasons set forth above, I have vetoed House
Bill 648 and am returning this Bill to you unsigned.

With kindest personal regards, I am

Sincerely yours,

(S) J. MILLARD TAWES,

Governor.
JMT/Jd/Encl.

Letter from State Law Department on House Bill No. 648

May 3, 1963.

Honorable J. Millard Tawes
Governor of Maryland
State House
Annapolis, Maryland

Re: House Bill No. 648
Dear Governor Tawes:

At your request we have examined House Bill 648 and we believe
that this bill would not be constitutional.

House Bill 648 provides for a pension to be paid to every living
former member of the General Assembly following an aggregate
period of not less than eight years' service in the General Assembly,
provided that the person otherwise entitled to receive such pension
has attained the age of 55 years. Therefore, the bill by its terms
would provide for payment to former members of the General As-
sembly not now serving in the General Assembly.