Smyrna times., 1895-04-17
Governor or Senator.

PernlIs such astounding abuses.
Governor or Senator.
CONSTITUTIONAL PROVISIONS FOR THE
GUBERNATORIAL SUCCESSION.
georgetown Special Cor. OF "The Morning News
Manifestations of sorrow for the
death OF Governor Marvil are general
all over Sussex county. His assump-
ton of the duties of governor was re-
garded as marking the beginning of a
political era in which the manv evil
ehects of unreasonable partisansbip
would be remedied, and the regret that
this hope has been blighted adds verv
much to the grief caused by the gov
ernor's death.
Inc defects of the old constitution of
the State are also made more startlipo-
iy manifest than ever before bv this
sad occurrence. The death of Gov
Cannon in 1865 did not make politicaI
revolution. such as marks the death of
Governor Marvil. 1t did not very
materially change the State adminis.ra-
ton. The governor was in the third
year OF his administration. The Gen.
eral Assembly was solidly Democratic.
so that the withdrawal of his successor |
from the Senate raised no question of
legislative importance. The change of
the executive effected only few minor
appointments of State and county Of
hcers,and at that time the partisanship
winch In thirty years has almost en-
entirely usurped the State government
was unknown. The death of Governor
Marvil, and the succession of Governor
Watson gives new life to these baleful
influences, and in the face of the fact
that a Republican successor to Cover.
nor Watson would make the General
Assembly Republican in both branches
raises an important constitutional
question involving the right of the peo-
pie OF Kent county to elect a senator
to fill the vacancy.
This is the most important question
as it involves the right of the people of
OF Kent county to an immediate par.
Lial remedy, for the results of the frauds :
committed by the registrars of Duck !
Greek hundred in disfranchising voters =
IN that hundred, and as affording for !
'he notification of the will of the peo-
pie of the State at the polls in Noyem- !
Der last. The constitutional provisions
ire generally believed not to afford
my such opportunity for relief. The ;:
discussion of the question of the sue
session of governors has raised doubt
bout this, as there are evident contra.
llctions in the constitutional provisions
egarding it. The general opinion is :
nade up from reading section IA of y
rtlcle 3 of the constitution. 1t is as :
pillows: IL
Section IA. Upon any vacancy hap. r
ening in the Office of governor by -
cath, removal, resignation or inabil- -
" the speaker of the Senate shall a.
xercise the Office until a governor -
ected by the people shall be duly :,
ualiied," c''
The remaining portion of the section VI
rovldes for the succession to the gov O''
'norship in case the speaker of the
enate acting governor shall die before
election of governor by the people. -,
MS Is specific statement as to who
lall be governor of the State under 90 90
le various circumstances of death. re- ~ ""
gnation, removal or inability. 1t :.
'es not cover all the provisions of the
in the matter. 1t is posi-. ~
that the speaker of the Senate. as
ch, is disqualified from acting as gov y"
nor, or at least that he cannot hold -
tn offices at one time. On this mat. -.
the constitution provides in article w
ls follows: uo'
Section 8. No member of Congress, =.
r person holding any Office under the -.
lited States or this State, shall exer.
q the office of governor"
The first of these constitutional pro-
ions designates who shall be gov.
ior in case vacancy occurs, and the I
'ond declares that be shall hold or Ere
'rolse no otner once while exercising poll
Offices of governor. If this be true a
IRE is a vacancy in the Senate, and n,cs
meet this or any other cause of va. nre.
ICY in the General Assembly. the ern
lstitution provides 10 article 2 as fol- snc,
rs:
oeo'ion A0' "heh vacancies happen tori
either house, writs of election shall noir
issued by the speakers respectively Gov
n cases of necessity, in such manner N
shall be provided by law; and the attit
sons thereupon chosen shall hold linda
r seats as long as those in whose niles
ID they are elected might have been No
e, If such vacancy had not hap. hun,
ed" ~
he question in all this is not who their
be governor, but is there va tn
" existing in the Senator cold
.o.. -. dern