Milford chronicle., 1918-09-13
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
/ DITIONS.
Be it enacted by the Senate and the
I House Of Representatives Of the State
Of Delaware IN General Assembly met
| ltWo-thrds Of all the members elected
TO each House concurring therein):
Section i. That Sec l3 Of Article 3,
Of the Constitution Of the State Of Del
aware, be and the same is hereby
amended by striking out an Of said Sec
( tion and inserting IN lieu thereof a new
section to be styled Section 10, as fol-
lows.
'Sec. 49, 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 mem-
Assembly. Whenever the General
Assembly shall so address the Gov
ernor. the cause Of removal shall
be entered on the Journals OF each
General Assembly may be about TO pro-
ceed 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-
move any oNlCeE appointed bg nlit eA-
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, II this be not done,
said removal shall be null and void
The person or persons so removed
shan have the right. within thirty days
after said removal. 10 appeal TO the
Superior Court of the County in which
he or they reside at the time Of said re-
mOval for reinstatement to said office;
and, II 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 removed
shall forthwith be reinsJated in said
office; II the said Court should sustain
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 TEN Of the Senate
Approved March I5 1917.
JOHN C. 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 Bin
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
appears on the enrolled bill filed IN the
office Of the Secretary Of State and ap-
proved by the Governor March fifteenth,
A ID. 1917, which said bin 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, / have
hereunto set my hand
and official seal at 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