J. MILLARD TAWES, Governor                         1691

While the foregoing authorities clearly apply a recognized
principle of constitutional law to an analogous situation, our own
Court of Appeals has expressed the principle involved although no
case has dealt with a statute like this one. In Crane v. Meginnis, 1 G.
& J. 463, 476, the Court in discussing Article 8 of the Declaration of
Rights, stated that separation of powers required:

"That the legislative department shall never exercise the execu-
tive and judicial powers or either of them * * *."

See also Harris v. Co. Com'rs of Allegany Co., 130 Md. 488, 494;
Ahlgren v. Cromwell, 179 Md. 243.

It is quite clear from the above authorities that the Bill would
be unconstitutional if the action to be taken by the County Delega-
tions is considered an executive function. Nevertheless, even if the
setting of an open season on doe shall be construed as a legislative
function rather than an executive function, the delegation of au-
thority by the Legislature to a County Delegation to exercise this
function, would still be unconstitutional. In Pressman v. Barnes, 209
Md. 544 at page 552, the Court of Appeals stated:

"It is a fundamental principle that, except when authorized
by the Constitution, the Legislature cannot delegate the power
to make laws to any other authority. * * *"

The power to make laws is vested in the Legislature as a whole
and cannot be delegated to a lesser group of legislators.

There is another defect in this Bill which would render it un-
constitutional in my opinion. In Section 132 (a) of Article 66C, the
Game and Inland Fish Commission is authorized to prescribe an open
season for antlerless deer by special permit. That section provides,
in part:

"* * * and the Commission may consider, among other factors,
the deer population surveys, crop damage, kill of previous
seasons, car kill, and size, weight, health, age and doe-fawn
ratios of deer in the said counties in reaching such decision."

It should be noted that in the above quoted section, the Legisla-
ture has set up certain guides and standards pursuant to which the
Commission shall set seasons in various counties. This is in accordance
with modern concepts of scientific management of game resources
on a State-wide basis utilizing the expertise of the Department's
trained biologists. However, in House Bill 1162, there are no stand-
ards whatsoever whereby the County Legislative Delegation shall
reach its decision as to whether or not to permit an open season on
doe.

It is a cardinal principle of constitutional law that where a com-
mission or other subordinate body is required to exercise a certain
amount of discretion pursuant to delegation of authority to it by
the Legislature, such discretion must be guided and restrained by
standards sufficient to protect the citizen against arbitrary or un-
reasonable exercise of such authority. Tighe v. Osborne, 149 Md. 349;
Pressman v. Barnes, supra. Under this Bill, such standards are
lacking.

It should be further noted that deer in their wild state belong
to all of the people of the State of Maryland and that hunting in