The Republican., 1947-07-17
HENDERSON
HOLDS FORESTRY
LAW IS VALID
Judge Renders Opinion On
Constitutionality of Recent
Legislation

Associate Judge George Hender-
son, in a case involving two saw mill
operators in this county, rendered an
opinion last Thursday, upholding the
constitutionality of Maryland State
Forestry Law, which gives the Dis
trict Forestry Boards the right to
regulate the cutting of timber, set
up rules for conservation and to
license sawmill operators.
The case resulted from the arrest
sometime ago of Troy Friend and
Sherman Frazee, who had failed to
properly register and pay the neces-
sary license fees for saw mill oper-
alton. Friend was charged with failure
to pay a $25 fee as nonresident of
the state, and Frazee was charged
with failure to pay $40 fee as resi-
dent.
Fined $50 Each
In finding the law constitutional,
Judge Henderson held that both men
are guilty, and imposed fines of $50
each, stating there will be no i'm
prisonment, "as in both cases there
has been a bonafide attempt to test
the constitutionality of the Forestry
Law, rather than merely to evade the
payment of the license fees"
The defendants attacked both war
rants on the grounds:
l. The title of the law is de-
fective.
2 The Act itself is unconstitu-
tional.
3. The Act does not authorize
the Commission Of State Forests
and Parks to charge for license.
4. The greater charge for
license to an out-of- f-the-state
operator is discriminatory, and
therefore, invalid.
In his opinion, Judge Henderson
ruled on each of these charges indi-
vidually, and cited numerous cases
as his authority.
The court held that the title is not
defective, since, "a careful reading of
the act in question discloses nothing
that is not germane to the subject of
Forestry and Forest Conservancy
Districts" and, therefore the title
must be held good"
Judge Henderson held the act
constitutional as a whole, "and pro-
lection to rights of individuals is as
sured by the power of Courts to de-
eide whether the acts of the Commits
sion or its subordinate agencies are
upon the facts of the case reasonably
necessary to the protection of public
welfare"
Policy OF Law Proper
The Court declared, "the policy OF
the law is proper, and the provisions
, are reasonably designed to carry out
the policy. 1t is an appropriate use
, of the police power to prevent erosion
, preserve forests, and conserve the
! natural resources of the State, pro-
vided this be done in such a way as
not unreasonably or illegally to in
terefere with the rights of indi-
! viduals."
Judge Henderson held that, at is
clear that the purpose of requiring
registration of saw mill operators
and licenses for saw mills, is to as
sist the Commission in regulating. In
view of the wide regulatory powers
, conferred upon the Commission, in
cluding the power to adopt rules and
regulations, which shall have the
force of law, the right to charge a
reasonable license fee is within the
powers granted by the Legislature
| to the Commission"
On the question of higher license
fees for out of state operators, Judge
Henderson said that the higher fec
raises a close question # reasonable
classification and arbitrary discrimi-
fCon+,p,,ol ~, Daro T,,-ol