substantial number of the members who voted for the bill were of
the personal opinion that it is unconstitutional. This alone is enough
to make it an unusual enactment of the Legislature. The General
Assembly went even further, however, and placed in the bill the fol-
lowing provision (and I am now quoting Section 4 of the bill):

"And be it further enacted, that in the event this Act shall be de-
clared valid by the Court of Appeals of Maryland, then Senate Bill
No. 5 as enacted by the General Assembly at the special session of
October 1965 shall not become effective and the Attorney General of
Maryland is hereby directed to promptly request a judicial determina-
tion of this Act by the appropriate legal procedure. "

In view of this provision it is clearly the wish of a majority of the
members of the Senate and of the House of Delegates that the con-
stitutionality of Senate Bill 8 be determined immediately by the courts.
All of us I am sure recognize that the power to declare a law uncon-
stitutional rests exclusively with the courts. As your Governor, I am
firmly of the opinion that Senate Bill 8 is unconstitutional in that
it does violence to the "one man, one vote" principle stated by the
courts. And, as I have said, the Attorney General and many members
of the General Assembly believe Senate Bill 8 is unconstitutional.
Opinions, however, do not make laws unconstitutional, and Senate
Bill 8 will not become unconstitutional until the judicial branch of
government has declared it to be such through appropriate legal
procedures.

It is the demonstrated will of the General Assembly, as expressed in
Section 4 of the measure, that the constitutionality of Senate Bill 8
be determined, not by opinions of individuals in the executive and
legislative branches, but by the courts. The members of the General
Assembly want the courts to take definite action on the bill and in
good conscience I cannot, by the stroke of a pen, thwart the will of
a majority of the General Assembly by denying them their day in court.

I have been urged by many to veto Senate Bill 8, and under ordi-
nary circumstances I most assuredly would do this. However, I am
convinced that a veto of Senate Bill 8 would keep alive the uncer-
tainty surrounding reapportionment, for under the Maryland Con-
stitution, a bill vetoed by the Governor becomes the first order of
business at the next session of the General Assembly. This means
that if I veto Senate Bill 8, it will be before the General Assembly
the first day it convenes in January. It is possible that the General
Assembly would override my veto and, in that event, Senate Bill 8

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