Evening journal., 1914-09-29
LAWYERS TO PASS
ON ELIGIBILITY
OF Legislators
Attorney General WolcOtt,
H. H. Ward, T. B. HeiSel
to Give Opinion Tomorrow
SENATE DECIDES TO CUT
down LIST OF clerks
Special to THE EVENING JOURNAL


Special to THE EVENING JOURNAL
DOVER. Del, Sept. 29.- After con-
sidering the subject publicly and in
conference for more than half a day,
the Legislature decided to refer to
the attorney general and to the Re-
vised Code Commissioners the Ques-
tion of the eligibility of five members
of the House and one member of the
Senate TO seats in those bodies, and to
ascertain whether their participation
in the session wodld impair the
validity of enactment of the revised
code. The question If eligibility
caused the Legislature TO take a re-
cess until tomorrow when the legal
opinion is expected. There is no
assurance, however, that the opinion
will be accepted as final OF that any
of the members would be ousted from
their seats should the lawyers decide
that acceptance of a Federal posi-
ton, or removal from their original
district into another, had caused an
automatic forfeiture Of a right to
seats in the Assembly.
Agree In Conference.
As a result of a long conference OF
the House committee on revised stat
utes yesterday afternoon, two more
questions on which the legal opinion OF
Attorney General Josiah o. WolcOtt,
: Herbert H. Ward and T. Bayard Heisel,
the Revised Code Commissioners. is
desired, were added to the list included
in Representative Grantland's resolu-
: tion regarding the eligibility of Sena-
tor Zachary L. Harris and Representa-
tive Charles H. Mcdonald, Republicans,
and Speaker Holcomb and Representa-
tives T. o. Cooper. Alfred I. Swan and
Charles j. Stoeckel, Democrats. Mr.
Stoeckel and Mr.. Mcdonald have NOV
ed from the districts from which they
were elected as Representatives into
other districts Mr. Stoeckel moved
from the Sixth 70 the Ninth district,
and Mr.. Mcdonald from the Eighth into
the Seventh district of New Castle
county.
Speaker Holcomb, DR.. Cooper and Mr..
] Swan, it is pointed out, were appointed
70 Federal positions. Major HolcOmh
being clerk to the United States SEN
ate committee on Coast and lnsuIar
d Survey. Dr. Cooper having been ap-
lpointed a customs inspector of drugs,
chemicals. etc, and Mr.. Swan being
postmaster at Delaware City.
Senator Harris it is claimed. was
S postmaster at Glasgow. New Castle
B county. when he was elected to the
] Senate. and resigned few davs after
election The questions ON which an
opinion is expected to be submitted by
e Nh. Wolcott, Mr.. Ward and Mr. Heisel
= on Wednesday are, regarding the six
men named:
4 Questions To BE Decided.
First-Haye the seats of any Of
the aforesaid members ipso facto
q become vacant by reason of in
= eligibility since the last session
o of the General Assembly?
Second-Have the aforesaid
members of this General Assem-
bly, the right to sit and partici-
pate in its proceedings and if
e they have not such right and
0 do sit what effect If any. will
such action have upon the
validity of any legislation passed
by this General Assembly.
Third-If said members have
e not the right to sit and partici-
a pate in the proceedings of this
General Assembly. and if they do
- sit and their districts are,
S therefore, deprived of represen-
a tation at the session of this
any, will such vacancy have
upon the validity of any legis-
Q lation passed by this General
q Assembly.
! Fourth-What effect would the
e resignation by Messrs. Holcomb,
= Cooper, Swan and Harris, or
!. either of them, from any office
4 which they may have held un-
4 der the United States prior to
! the converting of this Special
Session Of the General Assembly
have upon their right to sit as
!, members of and participate in
the transaction thereof. and upon
the validity of any statute passed
+ at such Special Session.
Fifth--What effect would the
s resignation by Messrs. Holcomb,
t Cooper, Swan and Harris, or
either Of them, from any office
l. which they may have held under
n the United States and the accep-
y tance of such resignation prior
c to the convening of this Special
o Session of the General Assem-
v bly, have upon their right TO sit
I as members of and participate in
o the transactions thereof, and
t upon the validity Of any statute
n passed at SuCn special SESSION.
l. OF the FIVE questions outlined, the
0 first three were included in Repre-
l. sentative Grantland's resolution,
e which he explained when he offered
t it, was not for any partisan purpose,
$ but to settle any question that might
j. be raised as to the effect Of the par
ticipation of the six members men,
e toned in the session that is to adopt
p the revised code. Mr.. Grantland's
If idea. he said was to put the import
r ant legislation upon firm basis and
l. to forever settle the question of its
l. validity
IS The fourth and fifth questions out
e lined above were supplied in the
IS conference of the House committee on
e revised statutes, both parties agree
If ing to them. The resolution as amend
n ed was adopted without dissent in the
s. House
,e Action in the Seni.e
k When the resolution was called up in
d the Senate, Senator Gormley moved
Continued on Page Two.