Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-06-13
OPINION OF The ATTORNEY GENERAL


the Scope of the Law Doubtful, But
Suggests Mode of Reaching Salts
factory settlcment-GoVernOr Watson
to Keuppoint Mcvey aud witslI.
Attorney General John r. Nicholson
has submitted his opinion to acting Gov.
Watson in regard to the executive
power of appointment OF State detec'
tiyes to succeed the present incumbents
of these offices, whose terms expired
Saturday at midnight.
AS will be seen in the subjoined cor
respondence, Attorney General Nichol.
son hus doubts upon the matter, and
suggests that acting Gov Watson make
the appointments in order to allow OF
test case being brought before the court
of errors and appeals.
Following is the official correspond
encc, including Mr.. Nicholson's opinion:
Dover, June 0, ls05-Hon. William T.
Watson, .MiJOrd, sDd.-MY DEAR SIR In
answer to your inquiries OF June 4th. in
regard to the right and duty OF the Gov
ernur, at the expiry OF the term of Office ot
the present state detectives, to appoint
others III Their stead, beg leave to say
That during the lifetime of the late Gov
eruor Maryil, / received the following
communication from the Hon. y. Is.
SInithers, Secretary OF State:
SIR: | am directed By the Governor to call
your attention TO the provisions OF the act en-
tltled 'An Act tor tie more e1hcient protection
against crime chapter AZ, Vol. NIX, page lB3,
and to ask lnformauon, whether III your 1uds-
ment, Ills suifiHlentiy explicit as TO the rgnt
and duty OF the Governor who may be IN olhce
az The eXpiry of the four years therein limited
as the term OF appointment or upon Tie re-.
moYul oil Lhe Rppointees therein contemplated
or either OF theIn,!o appoint ahother or othets
in their stead, Very respectfully.
n. u. sMlrHEBs,
secretary OF state.
And that to this letter l made the fol-
lowing reply:
Hon. NJ u. SmitherS. Secretary Of Stale
| SIN: have the honor to acknowledge the
receipt OF your letter uf the 18th INST, re-
guessing me III behalf of the Governor Il
| give my construction OF the provisions OF
| the act, entitled AN act ior the more eiti
cient protection against crime, chapter a
| Vol. NlX, page l65, Delaware Laws. and ask
ing whether in my Judgment, lit is SUI
| ticcntly explicit as To the right and duty
| of the Governor who may be III office "a
the expiry of the four years limited as th'
term OF appointment or upon the retnova
OF the appointees therein contemplated o.
either Of them. TO appoint another o.
others in their stead
Since receiving your letter, as well al
prior thereto, have carefully considered
the statute to which you refer, and III
judgment is that it is not sufficiently ex
plicit rs to the right and duty OF tn
Governor to appoint another or othe
officers in the place OF the original ap
poiutees under the act, either at the ex
piry Of the four years limited in the act o
upon removal.
/ would also state that have found tn
officers provided for in this act extremel
useful if not necessary for the etiicien
prosecution of crime in this State, Will
In the service of acquisitions large sun
of money has BEEN saved the State by thei
employment.
Ii the act be amended so as to put beyon
question the right and duty of the Coy
ernor to appoint such officers, | woul
suggest that the power of the Governor t
remove should be only ION the address q
the attorney-genersl' as the official uEde
whose orders they are placed and who
vitality interested in their good behavior.
Very respectfully yours.
JOHN r. NICHOLSON.
Attorney-General.
Subsequently and probably in const
quence Of this correspondence several bill
were prepared and introduced in tn
Legislature amending the act above n
ferred to in various ways, but none wei
enacted into law, and the Legislature az
journed without removing the doubt SUI
gested in the above letters.
The question that now presents itsel
therefore, is How and by whom sha
the doubt be determined
1t is well understood that ii is of grej
importance TO the safety of the public thi
there should be such officers, as the Sta
detectives, aud view with grave appreheI
sion the crippled condition OF the A
torney-general's Office without their aid
the detection and prosecution of Grim
while at the same time, it is both dal
gerous and improper that any doul
should exist as TO the legal authority {
! officers clothed with snch powers.
such being the case and it being cleE
that q construction OF the statute adverse
/ tie appointing power would cause seriol
detriment to the public, it is in my lud
ment the duty of the Governor, not to Co
clude the matter himself by refusing
appoint, because of the existence of
, doubt, but to adopt a course which won
!, cause the questions involved to be-dete
mined by the only tribunal competent
, authOriLatlvely construe the sIatnte-tl
highest court of the state.
, This can be speedily and easily accom-
lished, at the expry of the terra of Il
present State detectives, by appointiI
others in their stead, when suit can
brought to test their authority upon ii
first occasion OF its exercise.
Very respectfully yours.
5 j. Il. NICHOLSON,
( Attorney-General.
!. Detectives Witsil aud McVey receive
, their commissions as detectives Monda
| sErEsR RTnnfBS HITTS