Milford chronicle., 1939-05-12
"DEMS" ATTEMPT
MOVE TO HOLD
HIGHWAY BOARD
CONTINUED from Frs. Page,


cesor was appointed
Mr. Smith declined to say whether
he considers himself a member of the
commission. That's to be decided
later" he remarked at his home, ad-
ding that he had attended Wednes-
days meeting of the board.
AS to whether. he attended as a
member, he replied by saying: 81 was
there
Charles ID. Abbott. one of those
named in the new bill as a member
of the board. said at his home i'm Mil
ford that he had not been informed
about the boards action and could
make no comment on what the Re
publicans would do.
Ebe II. Chandler. Republican state
chairman. said that he did not care
10 make any statement until he had
studied Mr.. Lynch's opinion and the
resolutions adopted by the State
Highway Department
Il don't know what action we will
take" he said, until talk the mat
ter over with Mr. Ross Mr.. Finer
son and Mr. Abbott, but there is no
doubt but that we will take some
action"
Donald p. Ross of Montchanin and
Ralph W. Emerson of Dover were
named with Mr. Abbott in the bill to
membership on the new board.
Attorney Gives Opinion
Mr.. Lynch in his opinion addressed
TO President Cullen explained that lie
had formerly given the commission
an opinion on the meaning of the
new reorganization bill and that pur-
suant to the request of Mr.. Cullen
lie was now submitting an opinion
as to the validity of the new law. He
explained that the courts would have
&c make final decision as to its con
stitutiOnality.
His opinion reads in part:
Il have given careful consideration
TO the act in question in the light of
our constitutional provisions and it
is my opinion that the act in ques-
tniO is unconstitutional for the fol-
lowing reasons: That the act violates
the provisions of Section l6 Of Article
9 of the Constitution in that its title
IS not sufficiently comprehensive to
give fair and reasonable notice of the
subject matter of the act; that the act
violates Section and 9 of Article
of the Constitution in that the Legis-
lature usurped a function intrinsical-
ly executive-that is. the act appoints
lew members to the department. and
the appointive power under our form
of government is vested in the eXecu-
tive department.
asAT,, o,N;n;np hain0 that fla act is
unconstitutional. it therefore follows
that the amendatOry act has no legal
effect. that the original act is un-
changed and that the members of the
State Highway Department as hereto |
fore constituted are the sole legal |.
members of the department.
Resolutions Adopted
The resolutions adopted after the
opinion had been read follow:
Whereas, the attorney for the /
State Highway Department having !
been requested for an opinion as to
the validity of an act of the General !
Assembly, passed over the Governors +
veto. entitled An Act to Amend Chap |
ter l66 of the Revised~COde of Della
ware for 1885 Providing for the Re
organization of the State Highway
Department by increasing the Mem
bership Thereof being known as Sen
ate substitute for Senate bill 234 and
having given his opinion that the /,
said act is unconstitutional and IS
therefore without legal effect ana
that members of the State Highway
as heretofore constituted
are the sole legal members OF the
State Highway Department.
"NoW therefore BE it resolved by
the State Highway Department that
the aforesaid act of the General AS :
sembly. Senate substitute for Senate
Hill 2S4. shall be ignored by the State
Highway Department and that per
sons named in the said act, namely
Donald p. Ross, Ralph w. Emerson
and Charles ID. Abbott, are not ana
will not be. recognized as members
IF the State Highway Department.
"And be il further resolved, that :
he meeting of the State Highway
heretofore called' to be
1eld MAY II. 1899, will not be held
md the secretary be ana is hereDy
,uthorized and directed to fOrthwlth :
,otify the said Donald p. Ross, Ralph
W. Emerson and Charles ID. Abbott OF :
he action of this department ana :
hat the call for the said meeting mas
leen revoked.
"And be it further resolved that
copy of this resolution shall be
promptly transmitted to the various
,eads of the several departments OF
he State Highway Department: II
Department Heads Notified II
Such letters were mailed out wed
,esday according to the secretary II
iaj. Chauncey P. Holcomb. Although II
he Republican members OF the de-
,artment as it was formerly constl-
uted, Frank V. dupont. and j. Henry II
Iazel. were notified of 1.-The meeting II
neither attended. III
The commission approved plans
or the construction of dual high
,ay from Five Points in Sussex
ounty to Dewey Beach, and directed u
,hief Engineer W. w. Mack to go :
head with the plans.
The construction of new bridge
yer the Lewes and RehOboth Canal
outb of the nresent bridge near