Middletown transcript., 1918-09-07
CONSTITUTIONAL AMENDMENT

AN ACT TO AMEND ARTICLE 3.
or THE CONSTITUTION OF THE
STATE OF DELAWARE, IN RELA-
TON TO THE POWER OFTHE Gov
ERNOR TO REMOVE CERTAIN OF
FICERS UNDER CERTAIN CONDI-
TIONS.
BE IT ENACTED BY THE SENATE
AND THE HOUSE OF REPRESENT
TATIVES OF THE STATE OF DEL
AWARE IN GENE RAJ ASSEMBLY
NET TWO-THIRDS OF ALL THE
MEMBERS ELECTED TO EACH
HOUSE CONCURRING THEREIN:
Section l. That Sec. 13, of Article 3,
of the Constitution of the State of Del.
aware, be and the same is hereby
amended by striking out all of said Sec
ton and inserting in lieu thereof new
section to be styled Section II, as fol-,
lows:
'Sec. 49, The Governor may. fer
any reasonable cause, remove any Of
ficer, except the Lieutenant Governor
and members of the General Assembly,
upon the address of two-thirds of all
the members elected to each House of
the General Assembly. Whenever the
General Assembly shall so address the
Governor, the cause of removal shall be
entered on the Journals of each House.
The person against who the General
Assembly may be about to proceed shall
receive notice thereof, accompanied by
the cause alleged for his removal, 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-
move any officer appointed by him, ex
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 80 removed shall receive from
the Governor statement in writing of
the cause or causes for which said re-
moval 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 or persons so removed
shall have the right within thirty days
after said removal, to appeal to the
Superior Court of the County in which
he or they reside at the time of said re-
mOval 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, then and
in that case, the person so unjustly re-
moved shall forthwith be reinstated in
said office. If the said Court should
the same shall stand and the decision
shall be final.
HERvEY P. HALL,
Speaker of the Pouse.
JOHN A. BARNARD,
President Pro Tenn of the Senate
Approved March Is, 1917.
JOHN G. TOWNSEND, Jr.,
Governor.
l. Everett C. johnson, Secretary of
of the State of Delaware. do hereby
certify that the above and foregoing is
a true and correct copy of House
Bill No. rs, entitled Gan Act to Amend
Article 3, 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
of State and approved by the Governor
March ID, A. D. 1917, which said Bill
proposing such Amendment to the Con-
stitution of this State is published in
accordance with the requirements of
the Constitution of the State.
IN TESTIMONY WHEREOF, have
hereunto set my hand
and official seal at
Dover, this th;rtieth
SEAL day of July, in the
year of our Lord, one
thousand Nine hum
dred and Eighteen.
EVERETT C. JOHNSON,
Secretary of State.