Milford chronicle., 1938-02-18
REPUBLICANS ARE
UPHELD COURT.
IN CUSTER FIGHT.
[COntinned from FIRST PSsel


members could be removed with or
without cause" which phrase was
the center of the question of con-
stitutionallty of the law raised by
the attorney general and his assO-
ciated counsel.
Questions Presented
The questions presented in the
action were: The constitutional
! question whether there is a limita-
ton of the legislative power with
respect to removals from public Of
fees created by statute and ques-
tiOn of statutory construction.
The conclusion of the majority
opinion was that the removal clause
contained in the Delaware Work.
mems Compensation Law of 1917,
which established the Industrial Ac-
cident Board, must fall"
1.-The members of the Industrial
Accident Board, whose removal from
their offices has been attempted by
executive order, are entitled to hold
their Offices until the expiration OF
the terms for which they have been
appointed, unless removed for con-
stitutional causes and by constitu-
tional methods"
Limitation OF Power
1T is agreed that a State cOnsti-
tuition operates not as a grant OF
power to the legislature, but as
limitation of power" and "restric-
tions in a constitution with respect
to legislative power are equally eff
fectiye whether they arise by impli-
cation, or are stated in express
TERMS" the majority opinion set
forth at the start of the opinion.
The court then reviewed unlimited
power of removal by executives
back to colonial times.
The debates by the constitutional
convention of 1897 were gone into
by the court, and, pointing to the
provision which the petitioners con-
tended prevented the Governor from
removing them without cause, the
majority opinion said: If an officer
behaves himself well while in office
he gives no cause for removal"
"The Industrial Accident Board.
the opinion set forth, lis a court
created to hear and determine
class of cases over which 1t is given
jurisdiction. Its functions are OF
judicial character ..
Should BE Free OF Influence
THE members of the board ought
not to be subjected to the remOtest
influence of the executive. If the
contention of the respondents is to
he accepted, there is no reason why
the Judge OF the Municipal Court OF
Wilmington, the judges of the Courts
of Common Pleas of New Castle and
Kent counties, and the judges OF
courts and members OF Judlclal
agencies which may be established ,
by the Legislature may not be made
subject TO removal without cause by =
the appointing power, y
If such is the meaning OF the :
while the lowliest JUS
ice of the peace in the most remote q,
village is protected in the right TO
mold his office except as he may 7
give cause for his removal, yet the
members of the Industrial Accident
Board. who exercise a jurisdiction
If the greatest importance, may De n
'emoyed from their judicial, or "
luasi judicial offices, without cause. q
such result was not within the con- il
emulation of the trainers OF our a
-
Relative TO the question OF statu- =
Dry construction, the court explain ri
d that the respondents contended n
hat il is necessary, under the rules p
f construction, to construe the a
latute as creating an indeterminate a,
arm of office, not exceeding slX
ears, to be determined at the pleas
re of the Governor. d,
Deduction Held "ldle' 81
"To construe the term of office m
9 one at the pleasure of the execu- II
We" the Opinion held, would be e,
D ignore the very rules of con- to
Iruction which the respondents in az
ole. = An Office with a fixed al
,rm is created, and an arbitrary ~
over of removal is conferred. The
,neuage is so clear that he who 10
lns may read. 1t is idle to say m
lat the effect of the language Is is
, create an office at the pleasure oil st
le Governor. ii,
The court further maintained: TO
1.-The LEGISLATURE may create an II,
flee. Il may fix the term OF the al
flee. But, having created an office m
ith a fixed term, the Constitution,
' necessary implication, fOrbids the IA
legislature to confer upon the Gov or
NOR, the power arbitrarily TO re- nc
owe therefrOm an incumbent OF the 50
flee who has been duly appointed sc
ffHT11
THE question is of supreme I'M ne
d lance to the people of this state: Al
he Constitution expresses the will dc
the people whose instrument 1t Is. or
is not for the Courts, but for he
lose who made it, to supply its de- of
cts, if defects there be-"
Republican counsel had held that tn
le Governor, under the Constitution tir
IN remove a public official, before er
Is commission expires, only after OF
InvictiOn of misbehavior in ofhce tn
? of an infamous crime, or upon
idress of two-thirds of the General th
ssembly. to
Judge ROdney's Opinion Al
Judge Rodney, in dissenting, said: he
81 am of the opinion that the plain tn
nd explicit will of the Legislature to
expressed in the act, under dis m
ission, by the language, The Gov II,
nor may remove any member of or
le Board with or without cause, en-
ust and should be given considera- th
on; that under the said act the co
ovarnor had the right tn remove T.,