HARRY HUGHES, Governor

2255

State House

Annapolis, Maryland 21404

Dear Mr. President:

In accordance with Article II, Section 17 of the
Maryland Constitution, I have today vetoed Senate Bill 1096.

This bill provides for a per diem allowance for
chairman and members of the soil conservation committee.

The Attorney General has advised me that this bill
violates Article 35, of the Declaration of Rights of the
Maryland Constitution, which prohibits holding two offices
of profit. A copy of the Opinion of the Attorney General is
attached and should be considered a part of this veto
message.

For this reason I have decided to veto Senate Bill
1096.

Sincerely,
Harry Hughes
Governor

May 24, 1979

Honorable Harry Hughes
Governor of Maryland
State House
Annapolis, Maryland 21401

Re: Senate Bill 1096

Dear Governor Hughes:

He have reviewed Senate Bill 10 96 (which provides that
the chairman and members of the Soil Conservation Committee
"are entitled to a per diem allowance" in addition to any
expenses incurred), and have concluded that we cannot
approve the bill for constitutionality.
Article 35 of the Declaration of Rights of the Maryland
Constitution provides in pertinent part: "That no person
shall hold, at the same time, more than one office of profit
created by the Constitution or Laws of this State." Section
35 of Article III provides in pertinent part; "the salary or
compensation of any public officer [may not] be increased or
diminished during his term of office."

Both the Court of Appeals and this office have on many
occasions considered whether a position constitutes an
"office" and whether said "office" is one "of profit." In