Evening journal., 1914-09-30
HOLCOMB, HARRIS, STOCKED,
AND MCDONALD HOLD SEATS
IN SPECIAL LEGISLATURE
Lawyers, However, in Doubt AbOuf Eligibility of
Cooper and Swan 10 Sit, Though House Can
Settle the Question Without Danger 10
Work of fhe Session
COMMITTEE NAMED TO REPORT ON
STATUS OF COOPER AND SWAN

Special to THE EVENING JOURNAL
DOVER, Del, Sept sO.-Attorney
General Josiah o. Wolcott, Herbert
H. Ward and T. Bayard Heisel. mem
bers Of the Revised Code Commission,
this morning submitted to the Legis-
lature their opinion that Speaker
Chauncey p. Holcomb, Senator Zach
airy T. Harris, Republican; Represen-
tative Charles H. Mcdonald, Republi-
can, and Representative Charles ].
Stoeckel. Democrat, are legally en-
titled to sit as members of the Gen
eral Assembly.
The lawyers also gave their opinion
that they we're in doubt as to the eli
gibility of Representatives 7. o. Coop
er and Alfred /. Swan, Democrats, to
seats In the Legislature, but pointed
out that the House is exclusive judge
of the qualification and election of its
own members and If the House should
declare DR.. Cooper and Mr.. Swan en-
titled to seats, the question of their
eligibility could not be raised in any
other tribunal, nor could their partici-
patton affect legislation in the enact
ment of which they participated. 1t
was brought out that DR.. Cooper and
Mr. Swan had rendered designations
from their Federal Offices before the
Legislature convened. DR.. Cooper is
a special inspector of customs and Mr..
Swan is postmaster at Delaware City.
Their designations, il is expected,
will be recalled as soon as the Legis-
lature adjourns. so they will not lose
their Federal jobs. The lawyers de-
cided that the clerkship of the Uni
ted States Senate committee on in
sular. survey held by Speaker Hol-
comb is not Federal position con-
templated by the constitution.
The lawyers also set forth that in
their opinion the removal of Mr. Nc
Donald and Mr.. Stoeckel from districts
that elected them into new districts
does not disqualify them. AS to SEN
ator Harris, the lawyers said he was
not disqualified because he had given
up the Glasgow postmastership be-
2 fore he qualified as a member of the
Senate.
Mr. Ward said that when they be-
gan their research there we're var
iances OF opinion between himself, Mr..
Heisel and lIr. Woleott on some Of the
legal points involved, and that they
also had consulted the entire judiciary
which at first held different views on
some of the points involved.
However, Mr.. Ward said, the views
expressed in the opinion he read to
the House had been endorsed in all
respects by the Judges and Chancellor.
and by Mr. Wolcott, Mr. Heisel and
himself after their comprehensive re-
search.
Following is the opinion;
Wilmington, Del,
September Both, 1914.
To the Senate and House of Rep
resentatiyes of the General AS
sembly of the State of Delaware,
in special session convened;
Under the provisions Of substi-
tute for House Concurrent Reso-
luton No. 2, you have submitted
TO the undersigned, being the At
torney General and Members of
the Revised Code Commission,
certain questions relating to the
elibigility of certain members to
sit during this Special Session Of .
the General Assembly, in the
House and Senate.
Relative to Charles ]. Stoeckel.
who was elected from the Sixth
Representative District of Sus-
sex County, and relative to
Charles H. Mcdonald, who was
elected from the Eighth Repre-
sentative District of New Castle
County. and has since removed to
the Seventh Representative Dis
trict of New Castle County, we
are of the opinion that such re-
movals have not created any in
eligibility to sit in this Session OF
the General Assembly, and that
their seats are not vacant. We
have examined a wide range of
authority upon this question. We
find the principal to be that, while
under the Constitution, Members
of a General Assembly must be
elected from certain geographical
locations in the State or County,
yet that the function of such Mem
Der, when elected, is a State and
not local function, and that the
subsequent residence of the per-
sons so elected, providing they do
not remove from the county, has
no effect upon their right to sit
during their full term of office.
There is no provision in the Con-
stitution which limits their resi-