Smyrna times., 1945-08-09
SENATE O ks
E. F. NELSON
Layton, Fails For Chief Jus.
tice By Vote of s to A;
Carey, Sussex, Deferred
HELD OPEN SESSION

appointment Oh CiWoou
of Wilmington to be judge OF the
New Castle County Family Court,
but refused to confirm the ap-
pointment of Daniel j. Layton OF
Georgetown as chief justice. The
vote was s in favor and 4 against
with five members not voting.
Nine votes were necessary for con-
firmation. The vote was taken in
open session at 10:45 p. m. under
a suspension of rules by which the
public was admitted. A voice vote
was taken. After the Senate had
voted on the chief justice nomlna-
tiontion a 10-minute recess was
taken before the Senate took up
consideration of nominations OF
Carey, and Nelson. The vote was
preceded by debate on the ques-
ton of whether or not Layton
should be confirmed. President
Pro Tenn Mulholland said: He has
nothing personal against the Chief
Justice, but that when a man past
65 is renamed for another 12-year
term he is in effect elected for life,
which the Constitution of 1897
sought to eliminate"
Younger Man Urged
He said that no one can say
there is not a younger man who
can qualify for the office. He COM
mented that if Layton were re-
named he might have to retire be-
fore his 12-year term expired. Sen
ator Mulholland mentioned that
two men, one of them a relative OF
the Chief Justice, had asked him to
vote for his confirmation. While
on the other hand a great number
expressed the hope for the good OF
the county and the state that he
not be reappointed. He declared
that a majority of the people
whom he represents are opposed to
Layton. Senator Ayres declared
that Layton was instrumental IN
passage of legislation which set up
a trusteeship in Sussex County
which usurped the power OF the
Levy Court over the jail and var
ious public institutions. By this
arrangement the judges in Sussex
County have control, he said.
Ayres maintained that no man on
the bench should be installed in a
position whereby he could pull
strings at the county farm, jail and
courthouse. Layton had enough
power to get that legislation
through" declared Ayres. Sen
ator Lawson pointed out that the
chief justice had been rejected last
week by a vote of nine to eight
and declared that no man could do
anything in the seven-days time
which has elapsed to warrant con-
firmation if he did not warrant it
at that time.
Resents Charges
Senator Lawson declared that
unfair advantage has been taken
of the members of the Senate in
the leveling of accusations against
them. He said the attacks which
have been made publicly on the
Senate are unfair and unjust, and
he asked why do they continue to
ram us into a stonewall and en-
barrass us and drive us in free
nation" He said that the vote
which is no longer secret was by
secret ballot a week ago. Yet, he
was labeled as voting in opposition
to confirmation. He asked how
when it was a secret ballot anyone
could say how he voted. He saio
that he had received from Will
mington one of the nastiest mes
sages anyone could receive after il
had been published that he hao
votel against confirmation. There
was considerable delay inthe TAX
ing of the vote by parliamentary
question as to whether there was
an existing committee of the Sen
ate to refer the appointments to
1t ended when Earl D. Wiley, ex
ecutive director of the Legislative
Reference Bureau, explained thai
the Senate can function with OF
without rules by majority ac'
quiescence.
Vote on Nelson
Nelson was confirmed by a vote
of 10 to 6, with one member moi
voting. In the debate on the CON
firmation of Judge Nelson Senator
Lawson said he felt the rejection oi
his name last week was arrived al
fairly and should stand. President
Mulholand pointed out that Judge
Nelson's appointment of an execu
CONTINUED on Pare rour)