Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1910-09-30
All of the State Judges
Give Opinion That Gov
ernor Can Appoint for
Two Years Beyond This
Year

AL of the judges OF the Supreme
Court OF the state this afternoon gave
an opinion, Interpreting the Constitu-
ton to the effect that Governor PEN
newill has authority under Section 8.
Article 3. Of the Constitution 70 APP
point state auditor to serve until
January /, 1913, TO fill the vacancy
caused by the death OF Auditor Theo-
dore #. Clark
was reached under the following,
which is Section 9 OF Article 3:
1 office, except as aforesaid a person
shall be chosen TO said office for The
full term at the next general election
unless the vacancy shall happen
within two months next before such
election, in which case the election
for said Office shall be held at the
second succeeding general election"
Mr.. Clark died last week, within two
months Of the election OF November g.
Governor Pennewill received the
/ opinion OF the court, which was sign
ed unanimously by the judges at 100
! o'clock and a few minutes later an
nounced that he would appoint Col.
/ Theodore Townsend, of Milford. Kent
/ county, TO the state authorship for the
/ three months OF the unexpired term
OF Auditor Clark and also for two
I years additional. Colonel Townsend's
successor Will he elected fl Novem-
The opinion of the court and the
appointment Of Colonel Townsend TO
serve until 1918 obviates the necessity
OF holding an election for a state audi
tor in November of this year William
H. Walker, OF Dover, is the Democratic
nominee for state auditor, and moth
ing now remains but for the Demo-
cratic state committee to withdraw
Mr.. Walkers name from It's ticket
when It is filed.
The opinion of the judges. which
was framed at a conference az the
courthouse early this afternoon, is as
/ follows:
Opinion OF the Judges.
Wilmington. fDel.. Sept. 80, 1910.
Hon Simeon S. Pennewill, Governor OF
the State Of Delaware.
Sir: A requested by you In your
communication dated September Is,
/ 1910, addressed to the Chancellor,
Chief Justice and all the Associate
Judges Of the State, we have carefully
considered the question propounded
to US touching the proper construc-
ton OF the following provisions of
the Constitution OF this State respect
ing the powers and duties OF the Gov
ernor, being part of Section OIL
Artile III;
"He shall have power TO MI al
vacancies that may happen In electiv
ofiices, except IN the ofhces OF Lieu
/, ltenant-Governor and members Of tn
? General Assembly, by granting con
missions which shall expire whe
their successors shall be duly. quail
fed.
}. I'm case OF vacancy in an electiy
b. office, except as aforesaid, a perso
b shall be chosen TO said Office for Oh
y full term at the next general election
e unless the vacancy shall happen with
g IN two months next before such cleo
a ton, ia which case the election TO
said office shall be held at the secon'
succeeding general election"
You ask US whether the vacancy a
present existing in the Office Of Audi
tor Of Accounts Of the State, by reason
of the death Of Theodore F. Clark
I. who al the time of his death was sucl
I Auditor, his death having happened OF
September 20, 1910, which was within
two months OF the next general cleo
ton OF the State to be held on NO
: vember s, 1910, is to be filled by yol
by the appointment of a person q
! serve the balance of the term OF tn
= late incumbent, or until his successo
10 be elected at the general election
10 be held in the year 1912 shall b.
O duly qualified.
e Believing that your request for on
e opinion upon these provisions of tn
Y Constitution and their relation TO tn
Z existing vacancy is within the pro
vision of the statute that gives to tn
e governor the right to ask and imposes
e upon the judges the duty 10 give
3, construction of the Constitution whei
e necessary for public information o
S to enable him to discharge the dutie
e Of his Office with fidelity" we give tn
opinion that under the provisions o
z the Constitution referred to, you shall
e appoint a person to MI the vacanc.
e caused BY the death of the late audito
of accounts by granting to the pSrsol
+ so appointed a commission as auditO
e OF accounts which shall expire whel
II his successor, 10 be elected at the gen
d eral election in the year 1912, shall b
duly qualified-the said election to b
s held in the year 1912. being the sec
3 ond general election succeeding tn
n happening OF the said vacancy. w
: are, SIR Very respectfully yours,
n (Signed) Charles NJ Curtis,
y Chancellor.
70 James Pennewill,
h Chief Justice.
u William II. Boyce.
Judge.
II Henry c. Conrad.
r Judge
It Victor b. Woolley,
. Judge
lie Daniel o. Hastings,
II Judge
II Governor Pennewin called at I'll
Id judges parlor about the time I'll
8, opinion Was finished and was inform
ed OF it's nature Shortly afterwaI
'g he announced that he would appoi