Opinions of the Attorneys General 41 any time to repeal any legislation relative to the Potomac, without the consent of the State of Virginia." Then, with out further comment on the earlier opinion, it was con tinued: The effect of such action, however, would be to withdraw Maryland's consent to all existing legisla tion, and probably the adoption of new regulatory laws by the State of Maryland alone, would not be effective without the concurrence of Virginia, even as to Maryland citizens, in view of clause 8 of the Com pact. In such a contingency, the citizens of both states would probably have common rights of fishery, free of any regulation whatever. It should further be observed that all previous legis lation in regard to the Potomac, of which I am aware, has been adopted by each State to take effect only upon the concurrence by the other. Since the river was closed in 1931 for an unlimited period by mutual consent, it would seem that there is at least a moral obligation to obtain Virginia's consent to a change in the status quo. Under the circumstances, I am of the opinion that any new legislation regarding the Potomac should be adopted to take effect only upon concurrence by the State of Virginia .... (18 Op. Atty. Gen. 214) . In these two successive opinions, then, both concerning the right of Maryland to repeal the Potomac River dredging law without waiting for Virginia's concurrence, it was said (1) "clearly, the Legislature of Maryland might at any time repeal any legislation of this char acter without the consent of the State of Virginia and with out reserving the right to do so;" and (2) "there is at least a moral obligation to obtain Virginia's consent to a change in the status quo" and "any new legislation regarding the Potomac should be adopted to take effect only upon con currence by the State of Virginia." B. Virginia. Only two opinions of the several Attorneys General of Virginia seem to have related to the Compact. The first, made more than twenty years ago, held that while |
||||
Tell Us What You Think About the Maryland State Archives Website!
|
An ecpCLIO electronic publication in the Archives of Maryland Series.
For information contact
edp@mdarchives.state.md.us.