Every evening, Wilmington daily commercial., 1906-05-26
MISCELLANEOUS RECORD.
AZ 70 a aneolnl seaslon.

As 20 a Special Session.
Through deaths, removal from the
State and tho appointment Of members
70 Federal Office, there are now five vacan-
cies IN the Delaware Legislature.
Were the Legislature now IN session il
would be incumbent upon the Senate and
House Of Representatives TO provide for
Immediate special elections for filing
these vacancies, under Section Of Article
III Of the State Constitution, which says;
lf'Whenever there shall be vacancy in
sither house Of the General Assembly, by
leason Of failure to elect, ineligibility,
death, resignation or otherwise, a writ Of
election shall be issued by the presiding
officer Of che house In which the vacancy
exists, or In cases Of necessity In such
other manner a. shall be provided by
law; and the person thereupon chosen 10
fll such vacancy shall hold Office for the
residue Of the term. And whenever there
shall be such vacancy In either house and
the General Assembly Is not in session, the
governor shall have power 20 issue a writ
Of election TO fill such vacancy, which writ
shall be executed as writ issued by the
presiding officer Of either house IN case
Of vacancy, and the person thereupon
chosen to hll such vacancy shall hold
office for the residue Of the term"
The manifest intent Of this provision
g that tho membership Of the General
Assembly shall be full and complete at
al times, and especially when Il is sitting
90 the Capitol in the exercise Of its legal
functions.
10 win be observed that IN respect Of
filling vacancies that occur or prevail
whom the Legislature is In session, the
language of the Constitution Is manda-
tory A writ Of election shall be issued"
lv the presiding officer Of the house in
which the vacancy shall occur But in
respect Of the vacancy prevailing when
the Legislature Is not in session, "the
governor shall have power 10 issue a writ
OF election TO hll such vacancy" but Is
not specifically enjoined 10 do 80.
Now that many Of the members Of the
General Assembly have united IN a peti-
ton 10 Governor lea, asking him to call
a special session for the purpose Of elect
ing a United States Senator, tho question
of the governors duty with respect 70 the
filing Of the vacancies becomes a per
tinent one. While he is not required Ia
issue writs Of election, there is room for
the inference that il is his duty TO do so.
The attomey-general, we understand, i,
considering the situation. with a view
20 furnishing the governor, II the latter
shall 30 desire, with legal opinion upon
this point, aud the governor may call
upon the judges Of tho state courts foi
their opinion. should he deem it advisabl,
TO do So
But there is another phase Of the situa-
tion which also demands consideration
Suppose the governor should issue cal
for special session: Would Il not be the
duty Of the presiding officer Of each house
to Immediately issue writs Of election ioi
the filling Of the five vacancies ? Il woul
seem that the provision Of the Constitu
tion upon this matter is mandatory.
Five special elections would involve
very material expense, as they woul,
necessitate special registrations, in addi
tion to the other expenses incidental Il
the election, in each Of the five district
involved
Should the special session be held with
out any move being made to fill the vacan
cies by special election, as so plainly com
manded by the Constitution. the oues
tion Of invalidiiy might be raised agains
every act performed by the body durin
its sitting
So il will be seen that the proposition
Of a special session is a very importan
one, and one that calls for serious consid
Grafton on the part Of Governor Les
That he win give Il the most careh
thought and adopt the course which h
may hold to be best for the public in
terests is assured