Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-06-06

cuHlSlcbt CAUSE 10 require tue speaker Oh
the Senate to exercise the Governors
Office, does not nullify the intent and
meaning of the Constitution that the
SPEAKER Of the Senate still only tempo
'rarily occupies the Governors chair
when that Office became vacant by
reasonof any of thc disqualifying causes
mentioned in the Constitution.
1t seems evident to me under the
section above quoted that IL the Presi-
dent were absent from the State. the
Speaker Of the Legislative Council would
temporarily have been Vice President
until the Presidents return. Or will
any ono contend that it would be II
reasonable Interpretation of that Con-
stitution TO say that every time the
President left the State the Speaker of
the Legislative Council lost his seat
thereby? Yet this is the only alterna-
tive, unless 1t is admitted that the
Speaker only temporarily fulfilled the
duties of the office during the Presi-
dents absence.
This Constitution continued in force
until the Constitution of 1893 was
adopted, which was our first Consti.
tuition as member of the Federal
Union, and which, with some important
amendments made in 1882, is our Con-
stitution to-day. Under this new
Constitution the two houses of the
Legislature became the House of Rep.
resentatlves and the Senate, evidently
by analogy to the Federal Constitution.
But the number, method OF election and
terms of the legislators remained the
same as under the Constitution of 1902
The Governor took the place of the
President and the Privy Council was
abolished
Section IA of article of this Consti-
tuition says: son the death or resigna.
ton OF the Governor or his removal
from office on impeachment or for in
ability, the Speaker of the Senate at
that time shat exercise The office of Gov
! ernor until new Governor shall be
qualified; and on the death or resigna.
ton of the Speaker of the Senate, the
Speaker of House of Representatives at
that time shat exercise Tie office until II
be regularly vested in new Governor,
In section B of article 2 of this Con-
stitution this new provision was added
which was not in the Constitution of
| 1776: Each house shall choose its
| Speaker and other officers; and also each
house, whose Speaker shall exercise the
Office Of Governor may choose Speaker
pro tempore." So far as the internal
evidence furnished by this Constitution
| goes il seems conclusive that the addition
of section of article 2 could only mean
that while the Speaker of the Senate
was Exercising the office of Governor"
that the Senate could choose a Speaker
to preside over its debates during the
temporary absence of the regular
Speaker and that the latter would re.
sumo his senatorial duties as soon as a
new Governor shall be duly qualified"
| The two sections taken together could
have no other meaning, and if any other
Interpretation were attempted, section
of article 2 would be meaningless, which
would be an unreasonable interDreta.
ton of the Constitution.
| Now we come down to the COnstitu.
ton of 1889. Section 5 of article 2 of
| the Constitution of 1902 remained I'M
changed in the now Constitution. Sec
| ton Ia of article was slightly changed
in its verbiage and an additional clause
added to provide against further posi-
BILE contingent vacancies caused by the
death, removal, resignation or inability
| of the duly elected Governor to serve.
Section IA of article OF the Consti-
tuition of 1889 reads as follows: "Upon
any vacancy happening in the office Of
Governor by his death, removal, resig-
nation or inability the Speaker of the
Senate shalt erercise the office until Gov
ernor elected By the people shall be duly
| qualified. II there be no speaker Of
the Senate or upon n further vacancy
happening in the Office by his death, re-
moval, resignation or inability, the
Speaker of the House of Representa-.
tives shall exercise the Office until a Gov
ernor elected By the people shall be duly
qualified. If the person elected Cover
nor shall die, or become disqualified be-
fore the commencement of his term of
office, or shall refuse to take the same,
the person holding the office shall con-
tinue to exercise it, until q Governor
shall be elected and duly qualified. If
upon vacancy happening in the office
of Governor, there be no other person
who can exercise said office within the
provisions of the Constitution, the Sec
rotary of State shall exercise the same
until the next meeting of the General
Assembly, who shall Immediately pro-
coed to elect by joint ballot Of both
houses person to exercise the Office
until Governor elected by the people
shall be duly qualified.
"lf vacancy occur in the office of
| Governor, or if the Governor elect die,
or become disqualified before the COM
mencement of his term, or refuse to
take the office, an election for Governor
shall be held at the next general
election, unless the vacancy happen
within six days next preceding the
election, exclusive of the day of hap.
| pening of the vacancy and the day OF
election; in that case, if an election for
Governor would not have been held at
said election, without the happening OF
such vacancy, no election for Governor
shall be held at said election in conse-
quence of such vacancy"
y y Y
The rest of this section is the same as
that in the Constitution of 1903, and to
1 my mind this whole section conveys
the one idea that all of these contingent
Governors are provided simply TO pre-.
vent an interregnum under all possible
circumstances and that they are all but
temporary stop-gaps who "shdH exercise
The office until Governor elected 6y The
people shall be duly qualified" The
very discrimination in the language
used would seem to indicate a difference
in meaning and intent Whereas all OF
the contingent Governors are SAID to
merely exercise the office" Section 8
of article 3. says of the Governor "that
he shall hold his office" That same
distinction is shown in section 8 OF
article 2, where in case of the election
\ of a new Representative or Senator Ia