1418                                      VETOES

This bill is described in its title as being designed:

"... to authorize the trial magistrates of Caroline County
to suspend sentence or costs including authority to refer to the
State Department of Parole and Probation and authority for
methods of implementation of these rules and to subdivide the
section."

During its passage through the General Assembly, a new sub-
section (d) was added to Article 52, Section 20, of the Annotated
Code of Maryland (1964 Replacement Volume), which purports to
empower trial magistrates "to grant probation without verdict" in
the case of persons charged with certain violations of the alcoholic
beverages law. This amendment, in our opinion, renders the bill
unconstitutional for a number of reasons:

1.   Article 52, Section 20, supra, which the bill undertakes to
amend, now deals only with Talbot County; the bill would make it
applicable to Caroline County; but the amendment referred to above,
as it was written, would in terms apply to both Caroline and Talbot
Counties. Since Talbot County is not referred to at all in the title,
the bill is clearly in contravention of Article III, Section 29, of the
Constitution of Maryland, which requires that the subject of all
laws enacted by the General Assembly be described in their title.

2.   In its present form, Section 20, supra, refers to the sus-
pension of sentence and costs by trial magistrates. Proposed sub-
section (d) refers to "probation without verdict." The subjects are
different. See State v. Jacobs, 234 Md. 452. Again, Article III,
Section 29, of the Constitution forbids the enactment of laws so in-
adequately described.

For the reasons set forth above, it is our opinion that Senate
Bill 93 is unconstitutional.

Very truly yours,

(s) Thomas B. Finan,

Attorney General.

Senate Bill No. 130—Wild life on Private Lands

AN ACT to add new Section 116A to Article 66C of the Anno-
tated Code of Maryland (1957 Edition), title "Natural Resources,"
subtitle "Birds, Game and Inland Water Fish," subheading "Com-
mission," to follow immediately after Section 116 thereof, and to
repeal and re-enact, with amendments, Section 218 of said Article
of the Code, subtitle "Game and Fresh-water Fish," to prohibit
the Game and Inland Fish Commission from taking wild birds,
animals or fish off privately owned land without the permission of
the owner or his tenant or agent.