Smyrna times., 1945-08-02
JUDGES ARE
REJECTED
Senate Again Refuses to Con-
firm Judges as Governor
BacOn's Appointment
MEET Z P. nj. AUGUST 7TH

OOuuly NilhOul q iSStS JNoN
since July 3rd when the terms of
Judge Layton and Judge Richards
expired. Monday the Senate met
in special session and rejected the
reappointments of Chief Justice
Layton and Judge Richards. Del
aware being without chief JUS
tice-for the first time in its his
tory-civil and criminal process
has been suspended and the rights
of litigants are seriously preju-
diced. This was the opinion ex-
pressed by Atty.-Gen. Clair j. Kill
loran in view of the fact that the
State Senate on Monday rejected
Gov. Walter w. Bacon's reappoint-
ment of Chief Justice Daniel j.
Layton of Georgetown and Resi-
dent Judge Charles S. Richards OF
Georgetown. One of the chief rea-
sons for the legal mess that Della
ware finds itself in today is that
so many writs and documents have
to be attested by the chief justice.
Attorney General Killoran stated
that the average citizen of the
state does not realize how serious
the situation is and how badly the
legal processes of Delaware have
been hampered. The Senate also
rejected the Governors appoint
ment of Elwood F. Nelson of Will
mington as judge of the new Fam
lily Court of New Castle County.
Before leaving for Wilmington
Monday evening Governor Bacon
had no comment to make relative
to the action of the Senate nor
would any members make any
statement relative to the question
but it was asserted at Dover it
would not be surprising if Cover
nor Bacon again sent the names
of Chief Justice Layton, Judges
Richards and Nelson to the Senate
August 7. 1t was asserted if this
should happen their rejection a
second time was assured because
members of the Senate who have
opposed their confirmation were
said to be adamant in their refusal
to vote for these nominees. So far
as could be learned this is the first
time in the history of the state
that so many major appointments
by a Governor have been rejected
by the Senate. 1t was said also to
be the first time since the adoption
of the State Constitution in 1897
that any judiciary appointments by
governor had been rejected.
Prior to 1897 judges were apopint-
ed for life without approval by the
Senate. The Governor now is not
bound to have any appointments
ready for Senate consideration OF
he can send back the names of the
men whom the Senate failed to
confirm Monday. The Senate on
the other hand can refuse to act
on any new names on the day they
receive them or they can again
vote against confirmation and
force the Governor to still seek
other names. Should the Senate
want to reconsider their vote OF
Monday it was said by Legislative
authorities that this is now impos-
sible because of the manner in
which Mondays vote was taken
and the rules which govern delib-
erations of that body. A motion
for reconsideration can be made
only by a member who previously
voted with the majority. How.
ever, Monday for the first time II
more than 40 years, the Senate
was said to have voted by secret
ballot so that under this procedure
no member could be classed as vot
ing with the majority. Questioned
concerning the method of voting
used in executive session, the Sen
ators admitted during the confer
ence that the secret ballot wa:
used without offering any com
ment concerning the reasons fol
it's use. Several Senators were
questioned concerning reasons fol
the opposition to the judges bu'
they refused comment.
Nominees Confirmed
The other appointments actet
upon favorably by the Senate
were. Thomas E. Moore as collect
or of oyster revenue. Chester V
Townsend, Sr., on the Unemploy
ment Compensation Commission
Marshall B. Hazard of Lewes, col
lector of state revenue. Regula
tors of weights and measures
Lewis E. Dawson, New Castl'
County; Alonzo Jones, Kent Coun
CONTINUED on Pare Four)