70 LAWS OF MARYLAND [CH. 71
invalidity shall not affect other provisions or applications of this
subtitle which can be given effect without the invalid provisions or
application, and to this end the provisions of this subtitle are
declared to be severable. If any clause, sentence, paragraph or sec-
tion of this subtitle shall, for any reason, be adjudged by any court
of competent jurisdiction to be unconstitutional and invalid, such
judgment shall not affect, impair or invalidate the remainder there-
of, but shall be confined in its operation to the clause, sentence, para-
graph or section thereof so found unconstitutional and invalid.
Sec. 2. And be it further enacted, That this Act is hereby
declared to be an emergency measure and necessary for the imme-
diate preservation of public health and safety and, having been
passed by yea and nay votes supported by three-fifths of all the
members elected to each of the two houses of the General Assembly,
this Act shall take effect from the date of its passage.
Approved April 5, 1968.
CHAPTER 71
(Senate Bill 391)
AN ACT to repeal and re-enact, with amendments, Section 8 of
Article 65 of the Annotated Code of Maryland (1957 Edition),
title "Militia," subtitle "In General," to provide for the duties and
authority of the militia forces of the State when ordered into the
active service of the State by the Governor during certain emer-
gency situations.
Section 1. Be it enacted by the General Assembly of Maryland,
That Section 8 of Article 65 of the Annotated Code of Maryland
(1957 Edition), title "Militia," subtitle "In General," be and it
hereby is repealed and re-enacted, with amendments, to read as
follows:
8.
The Governor shall have the power [in case of] in times of public
crisis, disaster, rioting, catastrophe, insurrection, invasion, tumult,
[riot] breach of peace or [imminent danger] upon reasonable appre-
hension of the imminence thereof, or to enforce the laws of this
State, or to carry on any of the functions of the militia of this State,
or any part thereof, or whenever, by the law of the land, martial
law may be declared, to order into the active service of the State all
or any part of the militia [that] as he may deem proper or necessary.
Whenever the militia shall be [on] in the active service [as herein
provided, the commanding officer thereof, and his subordinates] each
and every member thereof so ordered to active State duty shall be
[, and they are hereby invested] vested, in enforcing the laws of this
State, with all the authority of [sheriffs, and deputy sheriffs, in
enforcing the laws of this State, and they may cooperate with the
civil authorities, or take entire charge of the situation as in the
judgment of the commanding officer the exigencies of the case may
require.] peace or police officers for the duration of such active State
duty of such members, and their bailiwick shall extend throughout
|
|