Evening journal., 1895-06-08
Fur WITSIL AND M'VEY.
Governor Watson WIN Send
Them Commissions.
THR oOURT 70 Pass UPoN THB law

THE COURT TO PASS UPON THB LAW
The Intent Of the General Assembly Of
-Four Years Ago WIN BE Duly Consid-
ered The Test Case WIN Be Made BY
tho Detectives Arreating Man.
Governor Watson will reappolnt State
Detectives Bernard j. McVey and
Walter Witsil. The legality Of his
action will be passed upon and deter
mined by the courts Upon thai de-
termination will rest the tenures OF the
two officers.
The original law passed four years ago,
made no provisions for appointments At
the end Of the four year terms OF the
present incumbents. although 1t Is
believed that it was an uuin-
tentional omission The defect
was not discovered until last Fail. The
last General Assembly was deadlooksd
and no agreement could be reached All
| bills proposed were lost In one house or
| the other
The governor having asked Attorney
| General Nicholson for an opinion
regarding his right to appoint under the
old law, he is advised BY Mr..
/ Nicholson to make the appoint
ments, instruct the officers to
make sn arrest previously agreed upon,
and. upon the action, which will be dc
clared unwarranted, get decision from
the court
The official correspondence bearing
upon the subject Is as follows:
| OFFICE OF TUE ATTORNEY GENERAL,
DOVER, June q. 1895
HON. WILLIAM T. WATSON, Milford,
Del
My DEAR SIR: Ia answer to your in
quiries Of June 4 in regard to the iight
and duty OF the governor, at the eXpiry
OF the term Of office OF the present state
detectives, to appoint others Ia their
stead. beg leave to say;
That during the lifetime o. the late
Governor Marvil, resolved the following
communication from the Honorable N. 3.
Smithers, secretary of state:
STATE OF DELAWARE,
OFFICE OF SECRETARY OF Stair,
DOVER, Jan. 2S 1895
Hon. JoHE R. NICHOLSON, Attorney
General
SIR am directed by the governor C
call your attention to the provisions Of
the act entitled "An act for the more
Efficient Protection Against Crime,
chapter AZ, vol 19. page 1853. and to asl
information, whether in your Judgment, il
is sufficiently explicit as 20 the right anC
duty Of the governor who may be II
office at the expiry Of the four year
therein limited as the term Of appoint
ment or upon the removal of the appoint
ees therein contemplated or either o
them. to appoint another or others il
their stead. Very respectfully.
N. B SMITHERs
Secretary Of state.
And that to this letter made tine fol
lowing reply:
OFFICES or THE ATTORNEY GENERAL
Dover, Jan. 30, 1895
Hon. n, B SMITHBBs. secretary Of state
SIR / have the honor to scknowledg 2
the receipt Of your letter of the 2Sa
inst requesting me In behalf Of tn
governor, to give my construction Of tb
provisions OF the act entitled "An Ac
+ for the more efficient protection agsins
} crime, cnspter A. vol l9, pag
163, Delaware Laws. and asking whethe
in my Judgment, sit is suf
] ficieutly explicit as to the right and dut
OF the governor who may be ia office q
the explry of the four years limited q
b the term of appointment or upon th
s removal Of the sppointees therein cor
; templated or either Of them, to appoir
another or others in their stead
3 Since receiving your letter, as well q
+ prior thereto. have carefully considere
S the statute to which you refer, aud m
Judgment is that it Is not sufficient
explicit as to the right and duty Of tb
n governor to appoint another or oths
I sttt lfu NF hn Hat n
p0intees under the act. either ab Oh
7. expiry Of the four years limited in IL
|. acf OF upon removal.
would also state that I have four
l. the officers provided for in this act e,
It trsmely useful II not necessary for I'll
Efficient prosecution Of crime in th
K state. while In the service OF requisitior
q large sum Of money has been saved th
state by their employment
u If the act be amended SO as to pl
5, beyond question the right and duty
I the governor to appoint such officers.
p would suggest that the power Of tf
n governor to remove should be only z
the address Of the attorney general
n the official under whose orders they a
v placed and who q vitally interested
y their good behavior
:" Very respectfully yours,
= JoHN r NICHOLSON,
Attorney general.
q Subsequently, and probably ia cont
III quence Of this correspondence, sever
bills we're prepared and introduced in {
II, Legislature amending the act abo
lot referred to ID various ways but no
were enacted into law, and the Lsgisl
. ture adjourned without removing 3
u doubt suggested in the above letters
st. The question that now presents itse
ITS tbarafora is-bow and Nv whom al