Vulcan Waterproofers, Inc. v. Maryland Home Improvement Commission

Barnes, J. concurring: I concur in the result in this case, but I have grave doubts that this Court should approve, even by way of dicta, the federal rule, specifically applicable to the Federal Trade Commission but stated as applicable to all federal commissions, in regard to the scope and limitations upon the investigatory powers of administrative commissions, as enunciated by the Supreme Court of the United States in United States v. Morton Salt Company, 338 U. S. 632 , 70 S. Ct. 357 , 94 L. Ed. 401 (1950). Our obligation to protect the life, liberty and property of Maryland Citizens and the property of corporations from denial of due process of law under Article 23 of the Maryland Constitution may well require us to hold a tighter rein upon the activities of Maryland administrative bodies than the decisions of the federal courts seem to indicate they will hold. I think that it would be wiser to await a full record squarely presenting the issue of due process in this sensitive constitutional area, before indicating our approval of any applicable rule in regard to scope or limitations upon the investigatory powers of Maryland administrative bodies.