Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-07-04
Asking Who oplpiou Of Chancellor an
JudneA

Asking the Opipiou Of Chancellor and
Judges
"Reprbllcan Glasses In the Sunday
Star continues to harp on the old string,
and twangs out a note Of complaint
about Governor Watson's taking advice
from Chancellor Wolcott concerning the
meaning OF the Delaware Constitution.
We do not know what is the writer's
source Of information, but the statement
is as follows; WATSON acted upon
Wolcotts advice earlier in the session
when he left the Senate and became
Governor. He again took Wolcott's
advice, II not his order, to reverse his
course and return to the Senate and
claim seat there
Although the writer shapes his state
ment SO as to make it appear that way,
there was in fact nothing inconsistent in
Governor Watson's absenting himself
from the Senate on ordinary occasions
and in hiagoing back again to perform a
special duty when the occasion de-
manded il.
Surprising "Republcan Glasses" to be
correct in the statement that Governor
Watson took Chancellor Woloott's adj.
vice as TO his duties under the Constitu-
ton. What is wrong about it2
II seems TO indicate scrapulous de-
sire on the part Of Governor Watson to
be well and authoritatively advised as
to the meaning of the Constitution he
had sworn to support Chancellor VOL
colt is the highest judicial officer in
Delaware, He resides in Dover, wheie
the Governor could conveniently and
promptly consult him. Ii he consulted
him and took his advice, it was wise
and honorable thing to do, Whenever
the Governor of the State comes to the
Chancellor for legal advice, it is Ger.
tainly honorable and proper for the
Chancellor to give it to him.
Indeed, the transaction which ii is
now sought to fix on Governor Watson
and Chancellor Wolcott and to blame
them for, is not only in itself wise and
proper transaction, but it is actually in
the spirit of law which has been for
years on our statute books Section of
article q of .he Laws of Delaware saws
The Chancellor and judges, whenever
| the Governor shall require il for public in.
formation. or 10 enable him to discharge
the duties of his office with fidelity, shall
| give him their opinions in writing, touching
the proper construction of any provision
| In the Constitution of this State or of the
/ United States or the constitutionality OF
any law enacted by the Legislature of this
| State.
The alleged taking Of advice by Gov,
ernor Watson from Chancellor Wolcott
was in exact accord with that statute il
the advice was given in writing, and il
was in full accord with its spirit if the
advice was sought informally and there
fore given verbally.
Perhaps Governor Watson has not ye
gone as far in the matter of consulting
the judges as he will feel called on to GO
before the meeting of the Senate in De
cember If Colonel du Pont was elected
10 the Senate, as the Republican mana
gers claim, it is one of the duties of The
Governors office to issue certificate d
election to him. The Governor want,
to perform that duty, as well as al
others, with fidelity. lie may not fee
like taking all the responsibility upor
himself, and, if so, he can, under tn,
statute above quoted, call upon the
Chancellor and judges for their opinions
in writing touching the proper construc
ton of the provisions in the Constitu
ton Of this State upon which Colonel
du Points claim rests.
In this way he can secure a construc
ton of the Constitution which will be 8
guide for him in his duties. Incidentally
it will also be guide for the United
States Senate in considering the CLAIM
which the Republican managers have
urged Colonel du Point to take before it