Milford chronicle., 1918-08-16
CONSTITUTIONAL AMENDMENT

AN ACT TO AMEND ARTICLE 3, OF
THE CONSTITUTION OF THE
/ STATE OF DELAWARE. IN REI1A-
] TION TO THE POWER OF THE
I GOVERNOR TO REMOVE CERTAIN
/ OFFICERS UNDER CERTAIN CON
DITIONS.
Be il 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 coneurrlns thereinl:
Section 1. That Sec. l3 Of Article 3,
/ Of the Constitution Of the State OF Del
amended by striking ou- all OF said sec
ton and inserting in lieu thereof a new
section TO be styled Section lS, as fol-
lows:
sec f3 The Governor may. for any
reasonable cause remove any officer eN-
cept the Lieutenant Governor and mem
bers Of the General Assembly, upon the
address OF two-thirds OF all the mem-
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 to pro-
coed shall receive notice thereof. accom-
panied by the cause alleged for his re-
moval. at least ten days before the day
on which either House of the General
Assembly shall act thereon.
The Governor shall have power to re-
cept the Chancellor and the five Law
Judges. Of his own volition. 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. If this be not done,
said removal shall be null and void
The. person q, persons so removed
shall have the light. within thirty days
after said removal, to appeal 10 the I
Superior Court Of the County in which /
he or they reside at the time Of said re-
moval for reinstatement to said Office; !
Court should consider that said removal !
should not have been so made. then and in I
that case the person so unJustly removed Z
shall forthwith be reinstated in said /
office. II the said Court should sustain 1
the Governor in said removal. the same /
shall stand and the decision shall be |
final.
HERVEY p. HALL,
Speaker OF the House. |
JOHN A. BARNARD,
President Pro tenn Of the Senate. |
Approved March Is. 1917.
JOHN G. TOWNSEND, JR.
Governor.
/, Everett c. johnson, Secretary of |
State Of the State Of Delaware, do here |
by certify that the above and foregoing
is a true and correct copy Of House Bill
No. 20, entitled An Act TO Amend /
Article 3, Of the Constitution of the State /
Of Delaware, in relation to the power Of /
the Governor to remove certain officers /
under certain conditions, as the same 4
appears on the enrolled bill filed in the /
office Of the Secretary OF State and ap- /
proved by the Governor March fifteenth, /
A. d. 1917, which said bill proposing |
such Amendment to the Constitution OF
this State is published in accordance
with the requirements OF the Constitu-
tiOn Of the State
IN TESTIMONY WHEREOF. I have
hereunto set my hand
and official seal a Dover,
tSEALl this thirtieth day OF
July. in the year OF our
Lord. one thousand nine
hundred and eighteen
EVERETT c. JOHNSON,
Secretary Of State