Milford chronicle., 1910-10-07
APPOINTMENT OF AUDITOR
NECESSARY, COURT SAYS

having D66u dSkeu Wy 0ONOiAiO
Pennewill whether, under the Con
stitution, it was necessary for hin
10 make an appointment to fill tn,
vacancy caused by the death of Aud
itor of Accounts Theodore F. Clark
and also whether that appointment
If made, would be for a period ex
tending beyond the expiration o
Mr.. Clark's unexpired term, the
court last Friday gave the governor
an opinion to the effect that it is hi:
duty to fill the vacancy and to issue
to the appointee a commission good
until the person elected auditor in
November, 1912, qualities, which
means that there will be no auditor
to elect at the election this year.
The courts opinion follows
Wilmington, Del, Sept. 30, 1910.
Hon. Simeon S. Pennewil, Cover
nor of the State of Delaware
Sir As requested by you in
your communication dated Septem-
ber 2Sth, 1910, addressed to the
chancellor, chief justice and all the
associate judges of the State, we
have carefully considered the ques-
ton propounded to us touching the
proper construction of the following
provisions of the Constitution of
this State respecting the powers and
duties of the governor, being part
of section 8 of article III:
HE shall have power to fill all
vacanies that may happen in cleo
tive offices, except in the offices of
acknowledgements and members
Of the General Assembly, by grant
ing commissions which shall expire
when their successors shall be duly
qualified.
"In case of vacancy in an elective
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
ior said office shall be held at the
second succeeding general election"
You ask us whether the vacancy
at present existing in the office of
auditor of accounts of the State, by
reason of the death of Theodore F. |
Clark, who at the time Of his death |
was such auditor, his death having
happened on September 23rd, 1910, |
which was within two months of
the next general election of the State
to be held on November 8th, 1910, |
is to be filled by you by the appoint
ment of a person to serve the bal
ance of the term of the late incum-
bent, or until his successor to be
elected at the general election to be
held in the year 1912 shall be duly
qualified.
Believing that your request for
our opinion upon these provisions
of the Constitution and their rela-
ton to the existing vacancy is with
in the provision of the statute that
gives to the governor the right to
ask and impose upon the judges the
duty to give a construction of the
Constitution when necessary ''for
public information or to enable him
to discharge the duties of his office
with fidelity" we give the opinion
that under the provisions of the Con-
stitution referred to- you shall ap-
point a person to fill the vacancy
caused by the death of the late audi
tor of accounts by granting to the
person so appointed a commission
as auditor of accounts which shall
expire when his successor, to be
elected at the general in the year
1912, shall be duly qualified, the
said election to be held in the year
1912, being the second general cleo
ion succeeding the happening of the
jaid vacancy.
We are, Sir,
Very respectfully yours,
Chas. NJ. Curtis, Chancellor.
James Pennewill, C. J. +
VIM. H. Boyce, J.
Henry c, Conrad, J. 4
Victor B. Woolley, J. c
Daniel o. Hastings, J. i
RRo0uv lItI DEcIc: