The Penn's Grove record., 1913-03-14
BOTH GOVERNOR
AND A SENATOR
Attorney General Gives Fielder
Opinion on Official Standing.
DEFINING CORRECT TERMS
Retains Seat in Senate-No Title of
Acting-Governor-Has Legal Right
to Preside in Upper House and
Vote on Measures.

" TiCSiOC III upper F1OuSS ana
Vote on Measures.
Especial Trenton Correspondence.)
Trenton.-Attorney General Edmund
Wilson has sent to Governor James f.
Fielder, at his request, an opinion
holding that there is no warrant for
the title "Acting" Governor, ani hold
Ing that h. retains his seat in the
Senate, an( that forfeiture of such
seat by resignation would take away
from him the constitutional duty of
being the person administering the
government" These questions were
debated some time ago when the con-
troversy regarding the title of the new
Governor" was stirring, and the law
yers agreed that there was no such
term under the constitution. Still, the
people will continue to call James F.
Fielder governor, and not use the pre-
fix Acting" though the strict con
stitutionalists will agree that his real
title is president of the New Jersey
Senate, the person administering the
/ 6OfCl AAiChI- II OPliliOh VI AllOl liCy-
General Wilson is as follows: Il have
your letter of the LIST inst, in which
you request my opinion as to whether
or not you have the legal right to pre-
SIDE at a session of the Senate and
vote upon bills, resolutions and other
measures coming before the Senate
for action"
without documentary evidence
thereof l think | am justified in as
Stunning that you were elected Senator
from Hudson county and also Presi-
dent of the Senate for the session of
1913. 81 am also aware of the act of
1898 defining the title of the person
upon whom the powers, duties and
emoluments of the Office of Governor
shall devolve in case of the death, res
ignation or removal from Office of the
Governor, etc. The act to which l re-
fer is known as chapter 1 of the Laws
of 1898. This act defines your official
title when exercising the functions of
the office of Governor as President of
the Senate, Acting Governor of the
State of New Jersey Chapter 2 of
the same session laws prescribes the
oath of Office to be taken by the Pres
ident of the Senate or the Speaker of
the House of Assembly when assum-
ing the functions of the Office of Gov
ernor. understand that you took the
oath of Office prescribed by Chapter 2,
to which l have referred.
sGDo-o~,oDb 10 of r+;o1o " - 4ho
Constitution of this State provides as
follows: In case of the death, resig-
nation or removal from office of the
Governor, the powers, duties and emol-
uments of the Office shall devolve upon
the President of the Senate, and in
case of his death, resignation or re-
moval, then upon the Speaker of the
House of Assembly, for the time
being Nowhere in the Constitution,
so far as | am aware, is the term
Acting Governor used. In paragraph
8 and in paragraph 10 of Article V the
expression the Governor, or person ad-
ministering the government is used.
1t is a clear principle of law that the
constitutional prescription in respect
to manner of appointment to office,
terms, ETC., is exclusive, but for the
purposes of this opinion l will not con-
slider whether it is competent for the
Legislature to pass the acts of 1898,
to which l have referred.
"In Clifford VS.. Heller, "a Vroom,
los, it was said that: When the Gov
ernor of the State resigns, the powers,
duties and emoluments of the Office
devolve, under the Constitution, upon
the President of the Senate, but he
does not thereby become the Governor
of the State in the constitutional
sense. The President of the Senate
retains his office of Senator, and as
President of the Senate he exercises
the powers and performs the duties of
the executive department. When he
resigns his Office as Senator he ceases
to be President of the Senate, and
thereupon the powers, duties and
emoluments of the executive Office de-
volve in like manner Upon the Speak
er of the House of Assembly, An
swering your inquiry specifically,
think it is your constitutional right to
preside at sessions of the Senate and
vote upon bills, ETC., because you are
the Senator from Hudson county, and
have been duly selected as President
of the Senate, and in virtue of the
latter Office are now exercising the
functions of the office of Governor. In
CASE you should resign the office of
Senator, you would cease to be Presi-
dent of the Senate, and the powers,
duties and emoluments of the office OF
Governor would devolve upon the
Speaker of the House of Assembly,
for the time being"