Milford chronicle., 1934-01-26
MANDAMUSON
= SENATE SEATS
UP ON JAN. 81
[COnfinSea from First Pasej

[C0HfiHRed from First PaSej
time and existed Immediately upoT
the acceptance by the three Sena
tors of appointment to State Offices
1t is further cOnLended that the
fact the three resigned the State Of
fees does not alter the fact that va
cancies in the district existed and
still do exist.
The motions to dismiss filed in an
swer to the petitions in the Keith
and Wharton cases are identical
The answer in the Maull case differs
somewhat from the other two.
The answers, setting up the mo-
tiOns to dismiss, hold that the petit
tiOns do not show upon their faces a
clear right to the relief demanded; /;
that it does not afirmatively appear
by the petitions that there are any
vacancies in the office of State Sen
ator from the three districts and
that the appointments of the three
Senators to the State Offices in ques-
tion does not constitute the holding
of such an Office under this State, as
set forth and included In Section IA
of Article of the State Constitu-
tion. The answers state:
"That by Section 8 of Article 2 of
the Constitution, the Senate of the
General Assembly of the State of
Delaware is the sole and exclusive
Judge of the qualifications of its own
members, and that pursuant to said
provision, said Senate is the sole
and exclusive judge of all and the
entire matters set forth in the said
REALTORS petitions"
The answers continue by stating
that since the filing Of the petitions
the Senate ON January Is by three
separate resolutions sat in judg-
ment upon the qualifications of the
three Senators and by the resOlu-
tions declared and resolved that no
vacancies existed in the three dis
tricts and that the three Senators
are fully qualified to hold Office in
the 1O4th General Assembly.
Senator Keith had been appointed
as secretary of the State Board of
Charities. Senator Maull had been
appointed 4 member of the Board of
Fish and Game Commissioners and
Senator Wharton had been appoint
cd state Revenue Collector.
In the answer to the petition in
volving Senator Maull's seat, II is
stated:
.ssThat It does not appear that the
appointment Of said g. Clifton Maull
as a member OF the Board of Fish
and Game Commissioners was ever
affirmed or approved by the Senate
of the General Assembly of this
State as required by law after said
appointment.
THAT after said appointment of
said G. Clifton Maull as a member
of the Board of Fish and Game
Commissioners. the Senate of the
General Assembly, has convened for
the transaction Of executive busi-
ness and not only was the appoint
ment of said G. Clifton Maull as
member of the Board of Fish and /
Game Commissioners not presented |
to said Senate by the Governor for |
but also the Senate did |
not confirm said appointment.
nat at AAC AAAAAC cnAu HCNANiOh
was filed by the relator said G. Cliff
ton Maull was not legal member of
said Board of Fish and Game Com
The resolutions adopted by the
Senate Monday of last week are at
Lached to the answers. The resOlu-
lions in each of the three cases are
Identical with the exception of the
name of the Senator and his dis
Lrict. The resolutions read in part:
Whereas, question has arisen
as to the right of Ernest V. Keith to
sit as a member of the said Senate
by reason of his appointment and
as Secretary of the
State Board of Charities; and
whereas the said Ernest V.
Keith has resigned the Office of Sec
'etary of the State Board of Chari-
les and such resignation was ac-
'epted by said board on the second
lay of October. A. D. 1898.
where as. it is alleged by GER
ain persons. as published in the
newspapers of this State, that va
.ancy exists in the First Senatorial
District of Kent county; and
where as. it is imperative for the
Dest interests of our citizens that
he acts of this session of the said
senate shall not be subjected to leg
i controversy as TO their validity or
nvalidity:
Therefore. be II resolved, by the
senate, and IL is hereby declared and
that no vacancy exists in
he said First Senatorial District and
hat the said Ernest V. Keith is
ully qualified to hold the office of
enatOr in the One Hundred and I
'ourth General Assembly" 1
It is understood that Mr. Green
Iill contend that a member of the
legislature. under Section II of Ar 5
Gle 2 of the Constitution. may be q
ppOinted to a State office, providing
nat the Office was not created nor ,
s emoluments fixed while he sat in :
ne legislature. That part of the sec
on cited by Mr.. Biggs' attorney
tates that mo member of Congress, !
or any person holding any Office !
nder this State shall during y
Is continuance In Congress or in I
flee. he a Senator or Representa- v
We. ."
The court will be called upon to U
terpret the phrase shall during =
IS continuance In Congress or in .
flce."
Mr.. Biggs contends that by rea- =
IN of these men having accented Z
Id acted In tho positions TO whth q
ey were appointed vacancies now q