concurring:
I concur in the result reached by the majority only because the constitutionality of the civil penalty imposed under Maryland Code (1957, 1969 Repl. Vol., 1974 Cum. Supp.), Art. 89, § 40, was not challenged by the appellant. See, Maryland Declaration of Rights, Article 8; Constitution, Article IV, § 1.
Judge Smith has authorized me to say that he joins in this concurrence.