Middletown transcript. [volume] (Middletown, Del.) 1868-current, 1918-09-28
CONSTITUTIONAL AMENDMENT

AN ACT TO AMEND ARTICLE 3,
OF THE CONSTITUTION OF THE
STATE OF DELAWARE, IN RELA-
TON TO THE POWER OFTHE lpV-
ERNOR TO REMOVE yARTkiN 'OF-
F AZ! rs, n y, Il: CERTAIN CQND1-
BE # ENACTED BY THEsENATE
AND THE HOUSE O. REPRESENT
TATlVES Of IHH STATE OF DEL
AWARE IN GEM RAJ ASSEMBLY,
NET (TWO-THIRns OF ALL THE
MEMBERS ELECTED TO EACH
WuttSE CONCURRING THEREIN:
Section l. That Sec. IL, of Article 6,
of the Constitution Of the 6 t:..s IS Del.
aware. be az. To- s.us' is hereby
ameas.aa = ssrarfi.g cut all of said sec
ron anti inserting in lieu thereof a new
seetion to be styled Section 10, as fol-
lows:
"Sec. 10. The Goye;;rI,a. .uay, for
any reasonable oasse, remove any Of
t!.af. except the Lieutenant Governor
ana members of the General Assemhiy,
upon the address Of tNo:thlras Of all
the mesni,esa eiested to each House of
the General Assembly. Whenever the
General Assembly shall so address the
Governor, the cause Of removal shal! be
entered on the Journals Of eaci. i4o41se.
Inc person again. yar tas General
Assemh!J,. ia, ~ apout to proceed shall
s. zai,s e aatiee' thereof, accompanied by
the'e&ass alleged for his removal, at
least ten days before the a,sr on which
either House Of t;na .,eneraI Assembly
shall ~, .nereon. :"
The Governor shall have power to re-
move any officer nrpointed by him, ex-
cent the lAaaeeiiof and the five law
.ludges, of his own>Tolition. when the
General Assembly Is not in session.
In such eass. however, such removal
shall only be made for cause. and the
person so removed shall receive from
the Governor statement in writing of
the cause or causes fn,s Which said re.
MOVE! Wa4 p,sSs Within tsn Days, after
sa,s i'suioTai as aforesaid. and, if this be
Abt done; said removal shall he null
and void.
The nersaA Af persons 80 removed
shAll nave the right. within thirty days
after said removal, to appeal to the
Superior Court 81 the County in which
he az they reside at the time of said re-
mayal for rein statement to said Office;
and, if upon hearing in said Court, the
Court should consider that said removal
should not have been so made, ti.e,; ana
in that case, the ge4ssn - an Justly re-
mayad SHAH Tlr.Ayyith be reinStated in
3S.a ONCE. II" the said Court should
austain" the Governor in said removal,
the same shall stand and tho decision
shall BE final.
HERyEY ?. HALL,
Speaker of the Pouse.
JOHN A. BARNARD,
President Pro Tenn Of the Senate
Approved March Is, 1917.
JOHN s.s o.; h2ASss ~. r.
I. Everett 6. Yoh,,seg. Secretary of
Of the State Of Delaware. do hereby
certify that the above and foregoing is
true and correct copy of House
Bill No. Is, entitled can Act to Amend
Article =, Of the Constitution of the
State of Delaware, in relation to the
power of the Governor to remove GER
tain officers under certain conditions,
as the same appears on the enrolled
bill filed in the Office Of the Secretary
q State and approved ny the Governor
March u, A. .. 1917, which ssH' nill
proposing such Amep.!!,. sAt 70 the Con
,ft1tion pf this State is published in
aic.,rianee with the requirements of
the Constitution of the State,
IN TESTIMONY WHEREOF. have
hereunto set my hand
and official zeal at
Dover, this thrtietb
sEAL day Of July, in the
year Of our Lord, cne
thousand Nine hum
dred and Eighteen.
EVERETT C. JOHNSON.
Secreter. 81 sss'e: