The sun. (Wilmington, Del.) 1897-19??, 1901-01-14
OFFICE DUTY
OF Mr.. CANNON
Attorney-General Ward Gives
Opinion as to Presiding Officer.
CAN'T DIRECT JOINT SESSION
sbonld be Sworn in on Tuesday as
Iieutenant Governor and Presi-
dent of the senate-Mr.
Ward Defines Duties.

Lieutenant Governor-elect That he should
he sworn in as Lieutenant Governor and
President of the Senate on January ID
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-
in, taken for U. 5. Senators.
The opinion is as follows:
Wilmington Del, Jan. IL, 1901.
10 the Hon. Philip Il. Cannon, Lieuten-
uut--C;oyernor of the State of Della
are:
Nv Dear Sir-You have submitted to
me in my capacity of Attorney-General
for the state two questions.
First. When you should be sworn in
os Lieutenant Governor and the Presi-
dent Of the Senate.
Second. Whether il is your duty to
preside over the joint sessions of the two
houses in Joint assembly when they con
yene for the purpose of voting for United
States Senators.
As 10 the first question, and without
any extended discussion, have to advise
you that it is your duty TO be sworn
into office as Lieutenant-Governo and
President of the Senate. on Tuesday
morning. January 18th. In my judg-
mcnt this should be the first business
act Of the Senate on that day. You will
br thcrcupon 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 in joint assembly of the two
houses of the General Assembly when
they meet to vote for United States
Senators.
Section 4, of Article /, of the Consti-
tuition of the United States provides that
1.-The times. places and manner of hold
ing election for Senators and Repre-
sentatves shall bc prescribed in each
State by the Legislature thereof; but
the Congress may mt any time by law
make or alter such regulations, except
as to the places Of choosing Senators"
On July 25, 1866, Congress exercised
its constitutional right by passing an
act entitled 'An act to regulate the
times and manner of holding electiont
for Senators in Congress-" This act
a after providing for the vote in the separ-
ate houses of the General Assembly on
thc second Tuesday.-after1ttfe tfe4 1iiertfffr
hi organization of the Legislature, pro-
DIES as follows: Sat 12 o'clock, merid.
n. of the day following that on which
= roceedings arc required to take place
s aforesaid the members Of the two
buses shall convene in joint assembly
nd the journal of each house shall thei
read, and il the same person sinai
I'VE received a majority of all the votes
each house, such person shall pc de
ared duly elected Senator to represen
Il State in the Congress of the United
htes: but il the same person shal
have received n majority of TIL
les in each house. or if either hous
HI have failed tc take proceeding
required by this act, 'he JOINT as
ibly shall then proceed to choose by
a vocc vote of each member present
person for the purpose aforesaid, an
person having the majority of all tn
tcs of the said joint assembly, ma
rity of all members elected to bot
use; being present and voting, shall b
clared duly elected" etc.
Section 10. of Article 5, of the Const
tion Of the State Of Delaware provide
hat the Lieutenant Coy ernor "shall b
resident of the Senate but shall hay
vote unless the Senate be equal
yided."
ARTICLE 2. of the State Constitution
hecially provides for the election of II
kmbers of the State Senate, and M
n fully determines the Constitution
body, but provides that it shall
bosed of seventeen members only.
i'm of the opinion that you are nc
/ der the State Constitution. technical
member" of the Senate, but only e
hcio it's presiding officer. While Il
ate Constitution does in fact make Il
eutenant-G Governor the President
Senate, it might as we'll, had t
,ct;tpt;npnl convention sppu fit la
hde the Secretary of State or NJ
her member of the State governme
J presiding officer. The Lieutenal
vernor has no vote in the Senate. c
bt for the purpose of breaking
lis is n not uncommon duty of a pl
ing officer as such.
am of the opinion. inasmuch as
utenant- Governor is not technica
hcmber of the State Senate, that it
his duty in obedience to the act
pgress as above quoted to take part
Joint assembly at all. The words
act of Congress, as above quot
"The members of the two hou
III convene in joint assembly, {
H being required by the act of q
ess to meet with the joint assem-
he two houses, it can scarcely be
He'd that the Lieutenant-Gover
hld become n member of the organl
A of such joint assembly.
~ The joint assembly of the two hou
nve the same right to organize, as
pther public meeting or convention.
ct of Congress is silent upon the q,
bn as TO who should preside at
enatorial Joint assembly. In the Il
the universal practice, upon the
nization of such joint assembly 81