Evening journal., 1915-01-07
lcontinued From Page Eight.l

ton for their services. if the work is
to be continued, an appropriation
should be made to permit the Com
mission TO perform the service for
which il was created. / therefore
suggest that an appropriation be
made to cover the actual railroad
fares and hotel expenses Of such
members of the Commission as may
attend the annual meetings, it being
understood that the expense VIII
vary each year in accordance with
the location of the place at which the
meetings may be held.
Primary Election Laws.
The statute passed at the last ses-
sion of the General Assembly extend
ing the Primary law to Kent and Sus-
sex Counties, received its first trial
at the primaries held previous to
the last general election. There
we're many instances where the
spirt of the Primary law was viola
ted by over-zealous people in both
parties. which resulted In members
of both parties participating In the
primaries of the opposite party. Such
practices violate the intent of the
law and do not conform with the
principles of honesty and fairness.
If the law could be amended so as
TO provide for holding party prim-
aries on the same day in each coun-
ty, the conditions cited above would
be reduced to a minimum and the
spirit Of the law upheld.
Imposition of NOn-Judicial Dutie;
Upon the Courts.
The government of your State is
administered by three distinct de-
partments.-the Legislative, the Exc
cutive and the Judicial. Your duties
are legislative and should be exer
cised in conformity with the provi
sions of the State Constitution. Th'
supreme executive power lies Will
the Governor. placed there by tn
fundamental law of the State, whicl
Is the State Constitution, and it i
his duty TO execute the laws whicl
you pass.
The function of the Judiciary &
that of a legal tribunal whose dut
Il Is to interpret and administer tn
law as 1t relates to Civil and Crimi
nal Justice. Within the past fey
wears. laws have been enacted i'm
posing upon the Courts the perform
ancc of duties which are purely exc
cutive. Those who framed our Con
stitution did not contemplate the eN
ercise of any such functions by tn
Judiciary. The continuance Of thi
practice might tend to influence in
properly the independence of on
courts and result in introducing int
their deliberations an element I
political influence which if continue
would trespass too far upon the d.
ties of the Executive and be prejt
dicial to our judicial system.
I am presenting this matter to yo
at the request OF the judges Of on
Courts. it having been stated to m
on their behalf that while they dl
sire to fully serve the State by Il
exercise of every proper function
their Office. and greatly apprecia
the confidence shown in them by ha'
ing had imposed upon them duti'
not connected with their Office, tho
are forced to the conclusion that le
islation of this character is unwii
and tends to impair the full usefu
ness Of those whose primary du
It is to administer Justice betWe'
litigants.
IL W0ulu IHHI0IOIt appear tAhfAeHN
when bills are presented for yo
consideration containing provision
which curtail or usurp the constlt
tional prerogatives of the EXecutiN
and have the effect of imposing eX
cutive duties upon the judges OF I
Courts. such measures before ena'
ment should he amended to confor
to the spirit and intent of the Co
stitution.
State Militia.
II has been demonstrated that t
Militia Organization Of your State h
attained 2 high degree Of eficien'
II took part in the Inaugural para
at WASHINGTON on March 4, 1913, a
received high commendation from
authorities for its military beari
and excellent department In Ju
1914. a test of the organization
fciency was fully illustrated by
practico march, which was begun
the State Rife Range, New Castle.
Iulv 19 and ended at Milford on Jl
26. covering a distance of abb
eighty miles. During this march
officers and men we're subjected
the same service conditions u
would have experienced If called Il
active service within or without
state This march gave the citiz'
throughout the State an opportun
to observe the personnel. equipme
and discipline of the organizati
Having accompanied the troops d
ing this time. I can bear perso
testimony as to the beneft OF
character of service to our citi
soldiery. -.
AS at present organized, our st
Militia consists Of a regiment OF ei
companies of infantry which un
a recent ruling of the War Depi
ment. the Federal authorities ella
does not conform with the Uni
States militia regulations. In OF
TO comply with this ruling II
be necessary to organize -FOUR az
tional companies or change our
sent regimental organization 10
of an organization consisting OF
separate battalions OF four c.
panies each. In view of these c
ditions | submit this matter 10
FOR your consideration and detern
alton.
state Highways.
Concerning this important SUP
so much has been spoken ana "
on. that any extended discussion
.he matter at this time seems vi
,essarv. The General Assembly
1919 ratified an amendment 10
constitution so that now, under
ain circumstances, state aid may
legally attained for highway
,truction. The growing tendt
n iesue long time bonds for const