The Wilmington daily Republican., 1895-04-12
E0|IRTH EDITION.
il. lie sr,,, n senator,

The quotations from the constitution OF
tns state relative to the gubernatorial
Succession. printed in the Georgetown
letter to The Morning News yesterday,
4 caused considerable discussion and devei-
oped much difference of opinion about the
matter There is no doubt about who should
succeed Governor Marvil, but does the
succession cause a vacancy in the State
Senate?
This is question Upon which there has
been no direct or authoritative opinion
given. In the case Of Governor Cove
Salisbury, who succeeded Governor Cannon
in 1865, 1t Is learned that he did not act
as member of the Senate after he as
sumed the office of governor, and that he
only drew the salary Of the governor and
did not accept the salary Of a senator
during his service as governor The ques-
tlon of a vacancy in the Senate was not
an Interesting or important Que at that
time. and 1t does not seem 20 have created
n great deal of discussion. The point Of
disagreement seems to have been whether
the speaker Of the Senate should be in
augurated as governor or assume to exer-
else the office of governor under his oath
as senator
In regard to this matter Chancellor
of the Senate must be inaugurated and
take the oath OF office as governor Of the
state, otherwise, the chancellor thought,
ne would be under no obligations to ex-
erclse the duties of the office with fidelity.
There was also a difference Of opinion
to the form Of obligation taken by the
speaker of the Senate on assuming the
office Of governor. Chancellor Bates held
70 the opinion that the form OF the oath
should be: 'T, Cove Salisbury, speaker of
the Senate. do solemnly swear etc. Will
lard Salisbury, who was United States
senator, and afterward chancellor Of the
state. held to the opinion that the words
speaker Of the Senate" were not neces-
sary. and they were omitted and the oath
taken by the new governor was as follows
81. Cove Salisbury, do solemnly swear on
the Holy Evangels Of Almighty God" ETC.,
using the same words in three oaths ad-
ministered. This was the form of oath
administered to Governor Watson on Tues
day last
Attorney General Nicholson, on being
spoken to in regard to the matter Of
vacancy in the Senate, said yesterday:
I'm my opinion SPEAKER Watson, or any
other man who takes the office of governor
under like conditions, would undoubtedly
cease to be governor If he resigned the
speakership The Constitution on that
polut is ambiguous, but in cases where the
Constitution is ambiguous you must in
terpret it by looking at the similar proyi-
sions in the Constitution which preceded
1t. in order to ascertain the intent OF the
provisions"
The old Constitution said: ION the death
or resignation of the governor or his re-
mosal from office by Impeachment, or for
inability. the speaker of the Senate at that
time shall exercise the oflice Of governor
until new governor shall be duly quail
fed; and on the death or resignation of the
speaker of the Senate the speaker of the
House of Representatives at that time shall
exercise the office until 1t be regularly
vested in a new governor
Accepting this explanation Of the situa-
ton as authoritative, it was pointed out
yesterday that section IL Of article ii, of
the Constitution declares that any person
holding any other Office under the United
states or the state of Delaware may not be
sither a representative or a senator during
the time he holds the office. That part Of
the section relating to the lisqualitications
OF d senator says:
1Any person holding any Office under this
state or the United States, except the at
torney general, officers usually appointed
by the courts Of justice, attorneys-at- law
and officers in the militia holding no dis
qualifying office, shall during his contInu-
ance in Congress or in office be senator
or representative"
The Office of governor Of the state is not
included in the exception noted here, and
1t is claimed that under this section that
Speaker Watson ceased to be a senator
when he was inauguratcd governor and
that his resignation of the office of senator
is not needed TO create a vacancy.
Section . article II Of the State Constitu-
tion provides that Each house shall
choose It's speaker and other officers; and
also each house, whose speaker shall exer-
else the Office Of governor, may choose a
speaker pro tenn.
This, II is argued, clearly indicates that
q vacancy IN either house was not contem-
plated IN providing for the guberuatorial
succession IN the Constitution