Milford chronicle., 1918-08-09
CONSTITUTIONAL AMENDMENT

AN ACT To AMEND ARTICLE 3, OF
THE CONSTITUTION OF THE
] STATE OF DELAWARE. IN REI4A-
TION To THE POWER OF THE
! GOVERNOR To REMOVE CERTAIN
| OFFICERS UNDER CERTAIN CON
BE It enacted BY the Senate and the
| House Of Representatives Of the State
/ Of Delaware in General Assembly met
! two thirds Of all the members elected
to each House eoneurrlne therein):
! Section ]. That Sec. lS OF Article 3,
/ of, the Constitution of the state Of Del
amended by striking on, all Of said sec
/ tion and inserting in lieu thereof a new
section 20 be styled Section 10, as fol-
lows:
''Sec i3 The Governor may. for any
reasonable cause remove any officer. eX-
cept the Lieutenant Governor and mem
hers Of the General Assembly, upon the
address OF two-thirds OF all the meme
bers OF each house OF the General
Assembly. Whenever the General
Assembly shall So address the Gov
be entered on the Journals OF each
House. The person against whom the
General Assembly may be about 10 pro-
coed shall receive notice thereof. accom-
panied by the cause alleged for his re-
mOval. az least ten days before the day
on which either House Of the General
Assembly shall act thereon.
The Governor shall have power TO re-
move any officer appointed by him, eN-
cept the Chancellor and the five Law
Judges. Of his own volltion, when the
General Assembly is not in session. In
such case, however, such removal shall
only be made for cause. and the person
SO removed shall receive from the Gov
ernor a statement in writing OF the cause
or causes for which said removal was
made within ten days after the removal !
as aforesaid and. II this be not done, !
said removal shall be null and void.
The person or persons SO removed /
shall have the right within thirty days /
after said removal 10 appeal TO the /
Superior Court Of the County In which 1
he or they reside at the time Of said re- |
mOval for reinstatement to said office; 4
and. II upon hearing in said Court, the
Court should consider that said removal
should not have'heen so made then and in
that case the person so untustly removed
shall forthwith be reinstated In said
office II the said Court should sustain |
he Governor in said removal, the same
shall stand and the decision shall be
inal
HERVEY p. HALL,
Speaker OF the House.
JOHN A. BARNARD.
President Pro tenn Of the Senate.
Approved March Is. 1917
JOHN C. TOWNSEND, JR
Governor.
/, Everett c. johnson. Secretary OF
State OF the State Of Delaware, do here
~ certify that the above and foregoing
s a true and correct copy Of House BIZ
30. IS. entitled An Act 10 Amend
Article s. OF the Constitution OF the State
II Delaware, in relation to the power OF
he Governor 10 remove certain officers
lnder certain conditions. as the same
.ppears on the enrolled bill filed in the
'fiice Of the Secretary OF State and an
proved by the Governor March fifteenth,
\ d. 1917, which said bill proposing
uch Amendment TO the Constitution OF
his State Is published In accordance
With the requirements OF the COnstitu-
ion OF the State.
n TESTIMONY WHEREOF, I have
hereunto set my hand
and official seal at Dover.
ISEALl this thirtieth day OF
July, in the year OF our
Lord, one thousand nine
hundred and eighteen.
EVERETT c. JOHNSON,
Secretary OF State