Evening journal., 1921-08-05
RAISE ISSUE
OVER Duties
OF GOVERNOR
Continued From First PAGE.

Attorney-G General Townsend in his
reply TO Lieutenant-G Governor, Bush
calls attention 10 the fact that the
constitution OF Delaware is much
like that OF the United States. and
draws an analogy with the trips TO
Europe made by President Wilson.
pointing out that Nice-Prcsident
Marshall az no time attempted 20
take over the powers OF president in
the absence OF the chief executive.
Mr.. Townsend also holds that alb
sence OF the Governor from the
States does not mean inability OF the
Governor TO perform the duties OF
his office.
When asked today what his future
action would be. Iieutenant-Gover
nor Bush said he had no statement
TO make. The correspondence be-
tween the ACKNOWLEDGEMENTS and
attorney-general. including the at
torney-generars opinion, was made
public by Bieutenant-Gove Bush
today. in response to a request for a
copy Of It by representative OF The
Evening Journal II Is as follows.
Wilmington, Del
August 4th. 1921.
Hon. j. Danforth Bush. Lieut.. Gov.
State OF Delaware.
Wilmington. Del.
Dear sir--I have your letter OF
this date. which reads as follows;
II have your letter OF August 3rd.
and since writing to you yesterday I
have been In communication with
the Secretary Of State and he in
forms me that Governor Denney has
sailed for Europe. This being the
case. feel that II Is important that
the Lieutenant-Govern should have
the opinion OF the Attorney-General
as to whether the duties and func-
tions Of the Governor fall upon the
ACKNOWLEDGEMENTS under the Con-
stitution. Your letter states that you
are not prepared TO say that this Is
the case. / want 10 ask you to give
me your official opinion as TO wheth-
er the duties and functions OF the
Governor do fall upon the Lieuten-
ant Governor or not. II you are not
prepared to give me your opinion one
way or the other kindly advise me
to that effect"
Yesterday I wrote you as follows:
Il have your letter Of August 3rd
reading as follows;
Il have been informed unoficially
that Governor Denney has sailed for
/ Europe. and I write to ask If you
know whether this is the case. and
IL so. do the duties and functions Of
/ the Governor devolve upon the
] Lieutenant-Governor under the Con.
stitution.
kindly let me have your answer
about this today"
BY way OF reply / will say:
% / have not been officially IN
formed that Governor Denapy hal
sailed for Europe.
CD Assuming that he has an,
upon that bare fact alone. I am no
prepared to say that the duties an
functions Of the Governor devolv
upon the IAeutenant-Governor.
have examined several cases whic
support this conclusion but viii re
fer TO only one. that Of State o
Louisiana VS.. Graham. 26 Ia. AM
SOS. In the case above referred {
Il seems that the Constitution pro
vided that IN case OF absence OF tn
Governor from the State. the power
and duties Of the Governor shouli
devolve upon the Lieutenant-Gover
nor until the return OF the Gov
ernor. The Governor was absen
from the State for a time and Ora
/, ham, the auditor. refused payment
The court. in holding that the Gov
ernor was entitled TO be paid. said
How is the absence of the Gov
ernor to be ascertained? It is mani
fest that there ought to be SOM
certain proof. accessible TO the pub
lie. from which they may with Ger
tainty derive the knowledge as &
who Is authorized 10 act as Govcrno
Of the State. II the law makes n
provision for the mode in wn.ch IN
Governor shalt manifest to the puh
lie his absence from the State.
necessarily is left TO his discretion
subject to his responsibility 10 tn
people. II the interests of the stat
? should suffer in consequence OF hi
, prolonged absence. he would b
amenable to public sentiment an
TO the control OF the impcachln
- power of the State.
"some public record should
/ made Of the intended absence. q
r tho Governor should publicly plac
y the Lieutenant C Governor IN chara
Of the government. so that the tim
z Of absence shall appear OF recor'
I and during such absence the act
- OF the acting governor would be {
: unquestionable validity. Anythin
r less than this might create confr
sion and uncertainty. We do nj
e think Il was ever contemplated this
y tho movements of the GovernC
A should be watched, with the vie
that the Lieutenant-Governor {
! Speaker OF the House of RepreseT
e tatives should slip into his seat, th
= moment he stepped across the bot
d ders Of the state"
90 Article 3. Section 90, OF n
Delaware Constitution provides tn,
| In case Of inability OF the GovernS
10 discharge the powers and duti'
Of the office. the same shall devolN
on the Lieutenant-Govern Aruc
, .. Section 1. os the Constitution {
the United Statcs, using substantial
the same language, provides that
case Of inability OF the President
discharge the duties and powers
the Office the same shall devol'
upon the Vice-President You vi
= doubtless recall that during the tv
4 trips OF President Wilson to Eurol
4. Nrinn prnsidcnt Afarehnll AID not a