The daily gazette., 1883-02-01
JUDGE WOOTTEN'S VIEW
HE COMEDIES WITH THE
CHIEF JUSTICE.
NO AMENDMENT NECESSARY.
Increased Representation Can be Granted
by the Legislature, but not the Distriot
Systematic Opinion in FUN.
special dispatch to the Gazette.


DOVER, DEL, Feb. 1.-The opinion OF
Judge Wootten as TO the power Of the Gea
| eral Assembly to increase It's membership
| and district the State was read in both
Houses this morning. 1t is as follows:
To the Senate aud House of Represe,tfd-
fiUes Of Deidwdre-G / have
! considered the questions submitted to me
by your joint resolution of the 21st instant,
and, in reference to the first one, it is per-
| fectly clear to my mind that 1t is within the
| constitutional power of the General Assem-
| bly,, by a concurrent vote of two-thirds of
the members Of each branch thereof, to pro-
vide by law for the increase of the members
Of the Senate and House of Representatives
In the General Assembly, and 10 apDortiou
them aneqhdlty among the several counties
OF the State, keeping within the prescribed
limits of the Constitution as to the number
each branch Is to bear to the other
The language OF the Constitution seems 10
me to be unInistakable. II declares that
there shall be seven representatives chosen
in each county, until a greater number of
representatives shall by the General Assem-
bly, be judged necessary; and then, two
thirds of each branch of the Legislature
concurring, they may by law make pro-
vision for increasing their number.
There shall (says the Constitution) "be
three Senators chosen in each county
When greater number of Senators shall
by the General Assembly be judged neces-
sary, two-thirds Of each branch concurring,
they moy by law make provision for increas-
ing their number; but the number of Sena-
tors shall never be greater than one-half nor
less than one-third of the number of Repre-
sentatives." (Article H., sections 2, and 8
of the Constitution.)
AS to the second question / have great
doubts. The Constitution does not, In my
judgment, contemplate the election Of public
county officers in any other mode than by a
general county vote; otherwise something
would appear on its face from which an in
ference, at least, could be drawn, recogniz-
ing legislative power to provide some other
means or system of election. am unable
to find anything in the Constitution which
enables me to draw such an infer
ence. The Constitution declares that
the Representatives and Senators shall
be chosen by the citizens residing ia the
county, not by portion of the citizens re-
siding in the country. (Article ii, Sections
2 and 81 In this view of the subject l am
of the opinion that members of the Legisla-
ture cannot, by legislative enactment, be
made elective by districts, or otherwise than
by general county vote, without q consti
tutional amendment made by one of the two
modes provided for by the Constitution.
Finding nothing in the Constitution cloth
ing the Legislature with power to provide
by laws for choosing or selecting Senators
and Representatives by districts, we are
without any guide or mode other than the
uniform custom under the old and present
Constitution, the language Of both being
the same in reference to the mode of choos-
ing Senators and Representatives.
EDWARD WooTTEN