Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-07-11

y may be worth while, simply as au
Illustration ct the utter reclslc 'sness and
falsliy with which the author OF Gre,
publican Glassesn makes charges against
public officials, to put bis statements for
once face to face with the truth. 1t the
custom OF this partisan writer to wait
until the facts about a public matter
have grown dim in public memory.
Then he will take 1t up, twist it, falsify
1t and use 1t to deceive the nninforned
and 10 defame Democratic officials, The
particular statement which we Propose
TO face With facts is one about tho attl-
tude Of the Attorney General in regard
To the reappointmento Of State detectives.
Tho facts are contained in the following
official document.
Dover. June 6, 1885, Hon William n
Hdtson, .hiYoid, Del-MY DEAR Sin: In
answer TO your inquiries of June 4th, in
regard TO the right and duty Of the Gov.
ernor, at the eSpiry OF tho term Of Office
q the present State detectives, to appoint
others in their stead, beg leave to say:
ihat during the lifetime of the late
Governor Marvil, received the following
communication from the Hon, N. b.
smithers, Secretary of State:
sIRi ] am directed by the Governor to caII
your nt.ention 20 tho provisions OF the act en-
utan AN act for tho mora oiicent protection
against crlme,n chapter a., Vol. XIX mage lis
ana 70 ask Information, whether in your luig.
nsnt, IL Is sufficiently explicit as 10 the right
a. ~, au.y o. lhe Governor who may be in ofiire
az we explry o. the four years therein limited
~ me term OF appointment or upon the re-
movsl OF the appointees therein contempt Z ted
pr ellhero Of them, TO appoint another OF others
~ 'he'f stead, Very respectfully,
y, o. sMirngRs,
Secretary of state.
And to this letter made the following
reply; .
=, Hon, ". D. SD,fbsrs, Secretary Of State
SIR have the honor to acknowledge the
receipt OF your letter of the 18th inst, re-
quesIng nue. In behalf of the Governor, to
give my construction Of the provisions of
ene act, entitled An act for the more
eIlelent protection against crime,n chapter
~ Vol. NIX, page 1853, Delaware Laws,
ana asking whether in my judgment, ut
Is sufficiently explicit as TO the right and
auty OF the Governor who may be IN office
~ the expiry of the four years limited as
Tue term OF appointment or upon the re-
movai OF the appointees therein contem-
plated or either of them, to appoint an
otust UT oVnerS IN their stead,n
since, receiving your letter. as well as
prior thereto, | have carefully considered
the statute to which you fefer and nv
Judgment is that it is not sufficiently eX-
pileit as to the right and lduty of the
governor to appoint anothe.i or other off.
GERS In the place of the original appointees
under the act, either at the dxpiry of the
moval.
would also state that havs found the
oLlcers provided for in this act extremely
useIul y not necessary for the efficient
prosecution of crime In this Safe. while
~ the service of acquisitions u large sum
oI money has been saved the Stately their
employment. 4. -
II the act be amended 10 as to nut
beyond question the right and duty of the
Governor to appoint such officers, / would
suggest that the power of the Governor to
remove should be only "on the address of
the attorney-geaeraP as the official under
whose orders they are placed and who is
vitality interested in their good behavior.
Very respectfully yours,
JOHN II, NICHOLSON,
Attorney General,
Subsequently and probably in conse-
quehce of this correspondence several bills
were prepared and introduced in the Legis.
lature amending the act above referred to
III various ways, but none were enacted
INTO law, and the Legislature adjourned
without removing the doubt suggested in
the above letters.
The question that now presents itself,
therefore, is: How and by whom shall
the doubt be determined?
1t is we'll understood that it is of great
Importance to the safety OF the public that
there should be such officers as the State
detectives, and | view with grave appre.
hension the crippled condition of the
Attorney.Generals office without their aid
III the detection and prosecution of crime,
while ut the same time, 1t is both danger
Gus and improper that any doubt should
exist as to the legal authority of officers
Clothed with such powers.
such being the case, and ii being clear
that construction of the statute adverse
TO the appointing power would cause
serious detriment to the public. il is In nv
Judgment the duty of the Governor. not to
conclude the matter himself by refusing
70 appoint, because of the existence of a
doubt, but to adopt course which would
cause the questions involved to be deter
mined by the only tribunal competent TO
anthoritatively construe the statute-the
highest court of the State
This can be speedily and easily accom-
plished, at the eXpiry of the term of the
present State detectives, by appointing
others in their stead, when suit can be
brought to test their authority upon the
first occasion of its exercise.
Very respectfully yours,
j. X, NICHOLSON,