Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-09-11

be p laced in just such position as
that in which you now find yourself.
!. Our laws, fortunately, have provided
for you constitutional advisers to whom |
you can turn for decision as to what
your duties are under the two conflict
ing acts regarding voters assistants. to
which / have referred If the act OF
1901 is invalid, the act of 1897 remains
in full force, and If you appoint and
commission voters assistants, you will
violate the law; and anyone who acts
as voters assistant may be prosecuted
and appropriately punished. But our
lawmakers, in their wisdom, to prevent
the governor of this State being placed
in such disagreeable and impossible
position. have provided tRevised Code
of 1893, chapter 27, section A.: THAT
the Chancellor and judges, whenever
the governor shall require it for public
information or to enable him to dis
charge the duties of his office with
fidelity, shall give him their opinions
in writing touching the proper CON
struction of any provision in the Con-
stitution of this State or Of the United
States, or the constitutionality of any
law enacted by the Legislature of this
State"
If you wish to perform the duties of
your office with fidelity, how easy it
is, governor, for conscientious man,
whore the provisions of the funda-
mental law of our State seem to render
| it impossible to do what an act of the
Legislature says shall be done; how
| easy 1T is for you to ascertain from all
the learned judges of this State what,
| in their opinion, is your duty in the
matter. Think of what great burden
may be lifted from you by asking of
the Judges whether or not the act pro-
| viding for the appointment of voters
assistants, which is manifestly opposed
to the spirit of our Constitution, is to
be held by you valid or void You
cannot doubt that the opinions you
will receive from the judges of this
State will be honest and fair and con-
vinoing. You will not say that the
judges OF this State, representing both
political parties, are not learned in
tho law or for partisan ends would adj
wise you wrongly. Can you say that
Chancellor Nicholson, Chief Justice
Lore, Judges Spruanoe, Grubb, Penne-
will and Boyce would not give you
opinions which are consistent with tine
law and the Constitution? Every
citizen Of this State would accept the
opinion of these judges rendered in our
Supreme Court.
Governor, will you give them chance
to say whether you will or will not VIC
late your oath of office and the laws ol
this State II you aid and further cor
rupt partisan purpose and appoint
voters assistants?
This purpose must have your active
assistance or it must fail. Is your ex
cellency convinced that you are face tc
face now with probably the graves
duty a governor Of this State was eyei
called upon to perform? With th,
greatest respect for the high office
which you fill, may properly say tina
the COURSE you shall adopt in this par
ticular emergency will in the history o
our State cause you and your admins
tration to be commended or Justly con
demned by all good citizens. Th
burden of this matter is upon your in
dividual shoulders, governor, and yo'
must bear it, You, fortunately, ma
! decide how your administration shal
hereafter be characterized.
Respectfully yours,
Willard Salisbury,
Chairman Democratic State Centra
, Committee.
September 4th, 1902.
: N. B.-As previous correspondence
= have addressed to you, in an otiicis
y character, regarding public bushes
! has been SO unproductive OF result,
this matter of SO grave public impor
. ance shall take the liberty Of treatin
l. this as an open letter and hand copit
!. of 1t to the press the same day it
= mailed to you.