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Session Laws, 1941
Volume 582, Page 2043   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 2043

I have sought the opinion of the State Law Department on
the matter and inasmuch as a general survey of legal regula-
tions will be made in the near future, I think it preferable to
veto this measure and to have the Legislature advised at the
next session fully as to the relevant information assembled as
a result of the survey.

Under the circumstances. I will veto the bill.

Chapter 839 (House Bill 205) and Chapter 705 (House Bill
350). These two enactments of the recent General Assembly
relate to the sale of intoxicating liquors to minors, and there-
fore are of the greatest public interest. For that reason I have
devoted careful study to the provisions of these Bills and fee]
impelled to state fully my reasons for their disapproval.

The Board of Liquor License Commissioners of Baltimore
City in a sincere attempt to effect a solution in this difficult
problem, sponsored these Bills. I recognize the fact that the
Baltimore Board has made a careful study of the situation
affecting minors, and is recommending only what it deems to
be for the best interests of the general public as well as what
may be a more workable arrangement.

One of the Bills makes it possible for a tavern proprietor to
excuse himself for supplying liquor to minors by proving that
he relied upon certain supposed facts, such as a written certify
cate that the customer was of legal age, and that the appear
ance of the minor indicated that he was twenty-one years or
over. The written statement of the minor would be made on
a form supplied by the Liquor License Commissioners.

The second Bill makes the minor guilty of a misdemeanor
for making the purchase of the liquor and provides that the
case may be tried before a Magistrate. In other respects, the
Bill is synchronized with the first measure and, admittedly,
both must stand or fall together. Against the contention of
the Baltimore Board, that these measures would make for
better law enforcement, I have the formal recommendations
of the State's Attorney of Baltimore City and of the Police
Commissioner that this legislation is ill-advised and would
weaken the enforcement of liquor legislation.

The State's Attorney argues that the Bills are designed to
shift the responsibility from the tavern proprietor. Further,
he asserts, is the fact that the minors' cases would be tried
first before the Magistrate which would not make for good
procedure, and that in genera], the arrangement would incite
general fraud and would ultimately work to the detriment of
proper liquor regulation.

The Police Commissioner of Baltimore City emphasizes the
fact that the doors would be open to the temptation of trading
with a minor in order to have the minor submit to a lighter
punishment, and that this would operate to exculpate the

 

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Session Laws, 1941
Volume 582, Page 2043   View pdf image (33K)   << PREVIOUS  NEXT >>


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