The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1901-01-14
CAN'T DIRECT
JOINT SESSION.
Attorney-'General Ward
Defines lion. Philip L.
Cannon.

| uC SNbll III lIi'hltlhllt NfoNtlhoi anu
President of the Senate on January Is
and that it is not part of his duty TO pre-
side over the joint session of both Houses
| of the Legislature while ballots are be.
ing taken for U. S. Senators.
The opinion is as follows
| Wilmington Del. Jan. II, 1901.
TO the Hon. Philip l.. Cannon, Licuten-
| ant---Guvernor Of the State Of Della
| are:
Ny Dear Sir--You have submitted to
me in my capacity of Attorney.G General
for the state two questions.
First. When you should be sworn in
as observation-disclosures and the Presi-
| dent of the Senate.
| Second. Whether it is your duty to
| preside over the joint sessions Of the two
houses in joint assembly when they con
vene for the purpose of voting for United
| States, Senators.
As to the first question, and without
any extended discussion, have to advise
| you that it is your duty 10 be sworn
| into office as Lieutcnant-G Governor and
| President of the Senate, on Tuesday
| morning, January 18th. In my juds-
| mcnt this should be the first business
| act of the Senate on that day. You will
| be thercupon entitled to take your seat
| as presiding Office of the Senate.
As to the second question, it is my
opinion that it is not your duty to
| preside i'll joint assembly of the two
houses of the General Assembly when
they meet to vote for United States
Senators.
Section 4, Of Article I, Of the ton"ti-
tuition of the United States provides that
"rhr times, places and manner Of hold
ing election for Senators and Repre-
scntativrs shall be prescribed in each
State by the Legislature thereof; but
the Congress may at any time by law
make or alter snch regulations, except
AS to the places Of choosing Senator's"
On July %. 1856, Congress exercised
it's constitutional right by passing an
nc; entitled IAN act to regulate the
fines and manner of holding elections
for Senators in Congress" This act
after providing for the vote In the scpa,-
ate houses Of tho General Assembly on
thr second Tuesday after the meeting
and organization of the Legislature, pro-
yilcs AS follows: AT IL O'Clock, mrrid-
ian. Of tbn d,y following that on which
nrOrppIiuuS arc rpDIlirpI TO fake place,
ns aforesaid tho m ,mh.rs of thc two
housos shall convene in Joint assembly
and tho journal of each house shall then
ho reod and If tbe same ncrson shall
have received , majority If MI tho votes
in oorb hons. such ncrson shall n, do
cIorcd duIv elected Senator TO represent
so,j St,tn IN thr cororcss or the Omitted
States. inf If the same ucrsor shall
nat b,vn r,rcivr1 n m, ;rritv Of III,
votes in curh house. or if either house
shall have roilcd tc take proct diurs
ne re,uirnd by this act. .he Joint as
scmb)v shall then proceed t, choose BY
viva yuc,. vote of each member present
n ncrsou for tho purposc aforesaid. and
the ncrson having tho ma ioIitv of all the
votes of the said Joint assembly, a ma
iority of all members elected to both
Lousr; l,nr present and voting, shall be
declared duly elected" etc,
Section 10, of Article 5, of the ConSti-
trtion of the State of Delaware provides
that thc Jicutcurnt Go, error "shall be
President of ibe Senate but shall have
no vote unless the Senate be equally
divided"
Article .. of the State Constitution.
spociolly provides for III" election Of the
members of the State Senate, and not
only fully determines the Constitution of
that body, but provides that it shall be
composed OF seventeen members only.
| am of the opinion that you are not.
under the State Constitution technically
n "mpmber" of the Senate. but only ex-
onicio its presiding officer. While the
State Constitution does in fact make the
Licutcnnut- Governor the President of
tbo Senate. il might as well, had the
constitutional convention seen fit, have
made the Secretary Of State or any
other mrmhrr Of the State government
its presiding officer. The lieutenant
Governor has no vote in the Senate, OK
cent for the purposc of breaking Il tie.
This is not uncommon duty of II pre-
siding officer M such.
am OF the opinion. inasInuch as the
ACKNOWLEDGEMENTS is not technically
n member of the State Senate, that it is
not his duty in obedience to the act Of
Congress nc above uuo'od to take part in
the ioipt assembly ot ALL The words of
tbc net of CONGRESS-, as above quoted,
orn. "Thc members Of the two houses
shall conycuo in Joint assembly" etc.
Nat bciur raouiypd by tho act Of Con-
crrsa IN moot with fine Joint assembly
of thc two houses. II can scarcely be CON
tended that thc Licutcnant.t;overno
shou,d hncomc n member Of the oruaniza-
tior Of such Joint assembly.
rhe Joint assembly of the two houses
bovr thc same right 10 organize. rs ony
,, other uuhic meeting or convention. The
art nf Conyrcss is silent mon the oucs-