Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-04-11
THE SUCCESSION.

Speaker Watson of the Senate Now BE-
comes Acting Governor, But he is Not
Required to Resign the Speakership or
His Seat in the Senate.
Governor Marvil's death naturally raises
the question of succession. Upon this
point the Constitution says. in section II
of article 3 Upon any vacancy happen-
in the office of Governor, by his death, re-
moval, resignation, or inability, the
Speaker of the Senate shall exercise the
office until Governor elected bv the
people shall be duly qualified" The filing
Of the vacancy by .he people, according to
the Constitution, will have to be at the
next general election, which takes place
in November 1896 aud the Governor then
chosen will be inaugurated on the third
Tuesday in January, 1897.
Speaker OF the Senate William T. Wat
son will, therefore, exercise the office of
Governor until the third Tuesday in Janu-
ary, 1897, and we'll perform all the func-
tons of the office, including the making
of official appointments. OF the latter,
the most important are those of clerk of
the peace and prothonotary for New Castle
county, which become vacant in June and
July next, respectively.
WILL SPEAKER WATSON HAVE TO RESIGN?
An interesting question has been raised
as to whether Speaker Watson will have to
resign from the Senate III order to exercise
the office OF Governor. There is strong
opinion to the effect that he will not; that
the Constitution requires him only to Eek
ercise the office until "Governor elected
by the people shall be duly qualified" and
| that as he can do this only by virtue of
being Speaker of the Senate, he would, by
resigning, virtually assign his gnberna'
torial functions to the Speaker of the SEN
ate elected to succeed him. His resigna-
ton from the Senate would necessitate a
| special election in Kent county to fill the
| Senatorial vacancy thus created, and his
| retention OF the Office would render such
an election unnecessary.
THE SALISBURY PRECEDENT.
Precedent is found in the case OF Cove
Salisbury, who was Speaker OF the Senate
when Governor William Cannon died on
| March LIST, 1865. The Legislature was then
in session, and the course then pursued is
detailed in the following extract from the
| official proceedings of the Senate :
WEDNESDAY,, March !, IS65.-SESATE-Tht
journal having been read on motion, ad
iourned to o'clock p. III.
| AFTERNo0N.--Ihe Speaker laid before thu
| Senate communication from this Secretary o
State, announcing thu decease of Governor
Cannon, which was read, and thereupon hi
| vacated the chair OF speaker.
Dir. Williamson offered resolution of thanks
| to the Speaker for the abie and impartial
manuer in which he had discharged the dutle.
| of his Office. Read and adopted.
| The Speaker returned an appropriate ex
preston OF his thanks for the compliment OK
pressed in the resolution.
on motion OF MIR. Bewley, the Senate pro
ceeIed 10 elect by ballot u Speaker pro tom.
Messrs. Bewley and Williamson were ap
pointed tellers.
Upon tho ballots being counted 1t appeared
that William Hitch had received ave votes ant
three blank votes.
Whereupon the clerk declared the Hon
William Hitch duly elected speaker Of tn
Senate, pro tenn.
On motion al Mr.. Fender. the oath of ofilc
as Governor was administered to the Hon
Cove Salisbury, speaker OF the Senate, uro
whom by occasion OF the death OF Governo
Cannon had devolved the office OF Governor
by the Hon. John w. Houston.
Mr.. Hazel, clerk of the House, presented ia
concurrence joint resolution tendering III
| condolences Of the General Assembly to tn
family OF the deceased Governor; that bot
houses attend his funeral In II body. and thu
they do adjourn (as mark OF respect TO hi
memory until Non lay evening next at
| O'clock, Read and adopted.
Adjourned in pursuance OF the Joint rest
luton.
1t will thus be seen that Cove Saulsbur
did not resign from the Senate. nor did h
resign his office as Speaker of that body
! He merely vacated the chair, and tn
Senate elected Speaker pro tempore I
preside over the deliberations of the bod
l during the remainder OF the session.