Milford chronicle., 1937-07-16
GOVERNOR NAMES
TWO ACCIDENT T
BOARD MEMBERS
[Confinped from First Page1


appointment but had received none
concerning Mr.. Latchum's. He added
that the letter had given notice OF
Mr.. Collisions appointment as "a
member from Sussex county,
whereas members are not appointed
fIom any specified county.
When Mr.. Jones pointed out the
board was not the proper authority
to determine the legality of the new
commissions, Mr. Latchum predicted
insurance companies, which must
pay benefits under the boards rul-
iDgs, would force the board to do
something"
Payments May BE Held Up
How compensation can be collect
ed by injured workers under rulings
of a board which has its authority
under question was problematical. A
Republican close to the situation
predicted no compensation would be
paid until the courts had settled the
controversy.
A suit to force an insurance COM
pany to make payment under rul-
ing of one board or the other may
be the route to a ruling on the issue,
he indicated.
Declaring, its their next move,
not ours" Mr.. Collision Joined with
Mr.. Latchum in deploring the con-
troversy and in requesting that the
blame not be placed on the Gov
ernor. They took an interested part
in the hearings. even questioning
witnesses.
Mr.. Jones and Captain Lyons is
sued a Joint statement at the boards |
meeting on Tuesday in the Equitable
Trust Building. Wilmington. declar-
ing they still considered themselves
members of the board and denying
the Governors right to remove them
without cause. ..ai....
Members Issue Statement
The statement follows: o..
"The Governor of this State has
endeavored to create and fill va
cancies in the Office of members OF
the Industrial Accident Board
through power vested in him by an
act of the General Assembly.
"As no such power can he given
him under the constitution OF the
State of Delaware it is our purpose
to continue to perform the duties OF
said Office, for reasons which we are
advised are justifiable, until such
time as the courts of this State shall
call upon him to relinquish them.
"The administration of the Work
mems Compensation Law of TINS
State was never intended to be in
terfered with in the manner chosen
as is witnessed by the original ap-
pointments being made for terms of
six years each. The sentence Ihe
Governor may remove any member
of said board with or without +,
cause" is paradoxical to say the least
VIXEN the nature of duties of such !
members are taken into cOnsidera-
tion.
Denies Authority u
"The power vested in the Cover
nor of this State to remove any II
member of said board with or with u
ont cause is contrary to the prin- y
ciples upon which the governmental .
structure of the United States and Ii
the several states is founded. three a
branches of government: executive, II
iuGicial and legislative. No executive d
ia given the authority-expressed or 81
exercise influence on the p
other two branches. For this reason 81
the legislative branch can not vest
the executive with authority to re-
move without cause a member of a q
quasi judicial body. -...
GOyprnOr Issued Commission
There has been issued to us by
a Governor of this State a commits
sion to hold a public office in ac-
cordance with provisions of the
State Constitution as therein set
forth. Such commission was issued
by the Governor in the name of the
State. Approval was given by the
State Senate and the Constitutional
oath taken as required of State Off
GERS.
"The Constitution of this State
provides All public officers shall
hold their offices on condition that
they behave themselves we'll shall
hold their offices meaning for the
term which they were commissioned
Dy the Governor in the name of the
State.
HfN
Public officers are subject to re-
noval by the Governor. (A) When
convicted of misbehavior in office or
my infamous crime Here there is a
direction to the Gov
srnor to act and that he shall re-
move from Office is exclusive and
of any other procedure
which the General Assembly may
leem better or more convenient. tB)
FOL any reasonable cause may re-
move is constitutional direction to
he Governor to act or not to act
IS he may choose upon the address
If two thirds of all the members
lected to each House of the Gener-
i Assembly What is either express
v. or by necessary implication. con-
rary to the Constitution cannot be-
ONE a law. To remove without
ause is in defiance of the para
Mount law of the State and acts of
he General Assembly are supreme
My in so far as they may not be
estricted by a constitutional pro-
ision.
Governed BY Constitution
"An Office not constitutional ex-
ats by the will of the General AS
embly only and may be abolished
[ any time and the incumbent has
N Gfandiup IN cOmn1aiu II docs