The Wilmington daily Republican., 1895-04-11
i. rhere : vaeancy lpl,h, senate.

IL There n Vacancy inlthe nenatsf
A very important question 10 now agi-
tating the politicians In our State. 1t is
contsnded by some who profess 60 know
that Governor Watson cannot hold the
ofiice OF Senator and Governor both at the
same time. The death of Governor Mar
vii, and the succession OF Governor wat.
son gives new life TO the Democratic par
ty and Wilmington politicians. In the
face ot the fact that Republican success.
eor to Governor Watson would make the
General Assembly Republican In both
branches raises an important Constitu.
uonal question. involving the right of the
people or Kent County to electa Senator
to iitl the vacancy.
This ia the most important question, as
1t involves the right OF the people OF Kent
County to an Immediate remedy, for the
results OF the frauds committed by the
registrars of Duck Creek hundred in dis :.
franchlslng voters thereof by the nullifi =
cation OF the will of the people at the
polls In November last. The constitution H.
al provisions are generally believed not to
afford any sach opportunity for relief.
Tho discussion OF the question OF the
succession OF governors has raised a
doubt about this as there is an evident
contradiction in tie constitutional pro.
Visions regarding It.
The general opinion Is made up from
reading section IL OF article of the con.
etitution. 1t is as follows:
section IA. Upon any vacancy happsn.
ing IN tho olilee OF governor by death, re.
moyal resignation or inability, the speak
er or the Senate shall exercise tbs ollics
until a governor elected by the paople
shall De duly qualified" l. &"
The remaining portion OF the section
provides Tor the succession to the gov
einorshlp IN cage the speaker OF the sea.
ate aeting governor shall die before an
election OF governor by tue people.
This is specific statement rs to who
shall be governor OF the state under the
various circumstances OF DEATH resgna,
tlon, removal or inability. ltdoes not
cover all Tie provisions OF the constitu.
ton i'll the matter. 1t Ia impossible that
the speaker of the Senate. as such, is dis
qualified from acting as governor. Or at
least that he cannot hold both offices at
one time, On this matter tho constitu.
tion provides ia article 3 a5 follows:
section 3. No Inetnbsr of CDngress.
nor person holding any Office under the u.
States or this stata. saall exercise the
ollice OF governor"
The first OF these constitutional proyl.
tiuns deslgnates WHO shall be governor In
case vacancy occurs, anu ths second de-
clures that he shall hold or exercise no
uth2r ONCE while rcsing the uflice OF
governor. II tnie DG true thsre is u va.
chncy in the Senate. and to meet this or
amy otaer cause OF vacancy in the General
Assembly, the constitution provides In ar
tice us follows:
Section Is. When vacancies happen
in either housa. writs OF election shall DO
Issued by the speakers respectively, or tn
cnScs OF Necessity, in such other manner
as shhll bs provided by law; and tho per-
SONS tlereupon chosen shall hold their
seats as long az those In whose stead they
arc elected might have done. IL such va
cancles had not happe ed"
The question In all this Is not who shall
he governor, butts there vacancy exist,
Ing in the Senate?