Smyrna times., 1927-08-17
NO TEST FOR AUTO DRIVERS AT
PRESENT SAYS MR.. GRANTLAND
HANDS DOWN OPINION RELA-
TIVE TO LICENSE REQUIREMENT
Opinion of Attorney General is That
Law Applies to Specific Cases and
State Has No Authority To Act

cense be examined before such license
are granted. Secretary Grantland's
opinion was submitted to the legis-
lative committee of the Delaware
Safety Council, which met at noon
with Secretary Grantland and Cover
nor Robert P. Robinson in the COVER
nor's Office. A request was made
| about two weeks ago by the Delaware
Safety Council that stringent exami-
nations be demanded of all license ap-
plicants. After a conference with the
governor, Secretary Grantland pre-
pared his opinion, which is sustained
by an opinion received from Attorney
General Switzerland. The opinion
submitted by Secretary Grantland fol-
lows:
"At the recent session of the Gen
eral Assembly of this State, bill,
sponsored by the Delaware Safety
Council was introduced in the House
Of Representatives, the purpose Of
which was to compel an applicant
for a license to operate a motor We
hicle to submit to an examination be
fore the issuance of such license by
the Secretary of State. A strong
sentiment in opposition to this mea-
sure developed in consequence of
which the bill failed to pass the House
in which it was presented.
Through the medium of ruling
based upon the construction of sent
ence contained in an act of the 1923
session of the Legislature, it is now
urged by special committee of the
Safety Council, and earnestly support
ed by representative citizens and in
fluential organizations, mostly from
the upper part of the state, that at
least those persons who are making
the initial application for an operat-
or's license, undergo such eXamina-
ton as may be prescribed by the Sec
retary of State. This examination is
to be given legal status which reads
as follows:
Before granting such license to
any applicant who has not held sim
liar license during the proceeding
year, or who has had such a license
revoked, the Secretary of State for
sufficient reason shall have authority
to require such applicant to be ex-
amined for the purpose of demon
strating personally to him, his deputy
or to any state or municipal officer de-
signated by him, in such manner as
the Secretary of State may prescribe,
that the applicant is proper person
to be licensed for the purpose intend
ed and is qualified to operate motor
vehicle with safety.
'tSince the passage of the aforesaid
act, four efficient and competent Of
ficials have preceded the present in
cumbent of this Office, not one of
whom construed this law as is now
proposed. At this late day the pro-
priety of an administrative official
promulgating an order or making
ruling with this act as the basis put
ting into effect matter of public
policy but recently rejected by the
legislature branch of the state gov
ernment might be seriously question
ed.
Careful and thoughtful considera-
ton of the sentence relied upon for
the accomplishment of this purpose
when read in connection with the con
text, fails to convince that it was the
legislative intent to provide for gen
eral examination Of all new appli-
cants. 1t would appear to be the
proper Interpretation of this provision
that the Secretary Of State shall have
such authority as will permit the re-
fusal Of an application for an opera
tors license when some question aris-
es as to the applicant being a proper
person to be licensed or some doubt
exists as to the qualification of such
person to operate a motor vehicle. If
there seems to be sufficient reason,
an examination may be required, but
this does not necessarily imply that
every applicant shall be subjected to
submit to an examination.
"Should such ruling as is propos-
ed be considered desirable, its admin
istration, by the present inspection
force of the Secretary of State, would
necessitate the withdrawal from lines
of work now considered most import
art. Increase of this force will not
be permitted by the budget require
ments of the corporation and automo-
bile department of the Office as ap-
piled to the legislative appropriations.
The suggestion of the examinations
being given by other agencies does
not seem to be fair to the official who
must bear the responsibility of the
refusal.
"For these reasons, the Secretary
Of State does not consider it advisable
to make a ruling or promulgate an
order that will require every applicant
for motor vehicle operators license,
who has not held similar license
during the preceding year to be ex-
amined for the purpose of demon
strating that such applicant is a prop
er person to be licensed to operate a
motor vehicle
However. a dilipent attennt will