Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1896-02-12

authorized by the Delaware constitution
"a implicitly prohibited They bsse their
argument FOR q suspension, not upsn any
provision OF the constitution which even
hints at such possibility, but upon
string OF remote contingencies or i'm
probable consequences following the
union Of the powers Of the Offices OF
governor and senator In one person st
the same time. A sufficient answer TO
this. contention Is that It would be
Impossible for the wit Of man to frame
constitution OF a rule OF action which
would not be open TO tho same trivial
objections Opposing council seem to
have iairly reveled In these triillng
incongruiiss, and, like the pharisee of
old, to have paid tlthes Of mint, anise
and cumnin. but tol have neglected the
weightier matters Of the law.
ITO whatever logical conclusion we
csrry the contentious Of opposing counsel
they lead TO violations OF express pro-
visions Of the constitution a. well as q
subveraion OF the Fundamental rights
uderlying our republican form OF
government. There Is no express pro.
vision OF the Delaware constitution
which suspends the senatorial functions
OF a speaker while he Is exercising the
Office OF governor consequently opposing
counsel are reduced to the extremity Of
implying such suspension We have seen
above that such an Implication must be q
necessary Implication The word
necessary in its atrctsst sense. would
mean sire qua non, but in that sense It
would be meaningless In this case, be-
cause no one will claim that our con-
stitution does not express n definite
meaning without the necessity OF i'm
plying anything 0n the other extreme,
the word necessary can not be used as a
cloak to impart into such a solemn
instrument clause or meaning which
the people themselves did not see proper
TO place there In express words AS
Judge Cooley pertinently says we cannot
test the validity OF any state statute by
general spirit wkich Is supposed to
prevade the state constitution, but is not
expressed in words, aud fortiorl will
the same test apply with even greater
force In the construction OF constltu-
tlonal provisions,
The presumption is.-and It Is a
strong presumption, that not a single
word can be implied into state consti-
tuition which Is not expressed In words.
unless the abeen1e OF such implied mean
log would make tho constitution seem
blind contradictory, meaningless or,
perhaps, absurd. The people OF Delaware
have uniformly construed their constltu.
tion for \ century, without the necessity
OF rC qurlng any such violent implication
to make II clearly understood, and We
contend that It is only by adopting the
contention Of opposing counsel that such
dirslrel u,ts as they predict would follow.
1T we adopt the contention Of oppos-
ing counsel that there is a vacancy, We
are confronted With the curlouo anomaly
Of en- Ciiics without an officer, IA vacancy
without any right to I'll IL. although the
constitution expressly commands the fill
ing of such vacancy.
Under our contention we claim that
fair reading Of our constitution and
particularly Of Section IA Article 3, will
simply show that the speaker OF
the senate Is designed by the constitution
40 the person who shall bs temporary
stop gap to prevent an interegnum until
the people can elect a new governor. .
condition Of airs similar to that which
would have existed Ia the Senate Of the
Unlted States under the law Of 1899,
n the speaker pro temporo OF the Senate
had ever been callea upon 10 act AS
President
that tho non-exercise by q speaker. Of bis
senatorial functions, while acting As
governor, Is an actual precedent going to
show construction OF the constitution.
aud az such precedent becomes binding.
We reply that wheu 3 speaker. who was
exercising the Office OF governor, but
whose sest as senator WAS not vacated
refrains from performing his senatorial
| functions, n Is his individual action, of
bis own volltion, dictated, perhaps, by
reasons Of dignity, convenience, proprietY
| or by one OF many other causes that
might be suggested. Even II the action
OF one individual could thus be able &C
bind future incumbent OF the samo
office. It would not be q precedent.
be cause the Senate Of Delaware. neither
actually nor constructively, ever wac
called upan TO pass on the questii n, and
/ whstever eclion was taken by the Senate
on May 9 1895, In Mr. Watsons case,
WAS a constructive affirmation that he
was qualified TO exercise bis functions as
e sen ator
Relative to the affidavits Of opposing
counsel which tend to divert the minds
/ Of senators from the real issue In this
case. By Questioning the legality Of the
action Of speaker pro tenn Records Ia
signing bills on May o 1895. while
Speaker Watson was presiding over the
senate and Joint meeting, We need only
reply that. psrhlps. such action OF Mr..
Records might give rise TO a question as
to the legality Of the bills thus signed.
but whether hs action vas legal or
illegal. constitutional or unconstitutional,
It csn have no earthly bearing on the
question whether or not Mr.. Watson had
a constitutional right to vote for
United States Senstor on that day That Is
the sole issue In the case. and wagon loads
Of tfi iiayits and endless arguments
on irrelevant .oplcs can not change this
issue"
Agent stout's January Work.
The annual meeting Of the Society for
the Prevention Of Cruelty to Children
has been again postponed until Tuesday,
March 10 Az the regular monthly
mesting held ye.terdaY Agent Stout
reported his work for January as follows !:
Number Of complaints. 20; cases lnvesti