Milford chronicle., 1954-09-03
AppOintees Are
Confirmed After
BNrTis Casts Vote
- 80 I-I.l -


thus became the fourth justice to
serve on the three-year old sep
atate state Supreme Court
Shortly before 1T. Gov. J0hl W.
Rollins savelled the special session
lo order at noon (it had been
scheduled to convene at ~ q. M,
81 became apparent that the Re-
publican majority was going TO be-
forced to have Senator Burris pres
ent for the vote in order to get the
appointments confirmed
Word had spread that the seven
Democratic members we're stand-
ing firm, and thus if the Republi-
cans called for vote they Woul5
not be able to muster the necessary
nine votes Ca constitutional majOri-
ty Of the elected members Of the
Senate as required BY the COnstiIu-
tiOn Of tile State Of DelaWare) to
confirm the governors appointees.
The illness Of Senator Butris
and the death Of Senator Ernest B.
Benger (R-WestOver Hills) last
May, the majority leaders, had cut
the Republican ranks in the Senate
down To eight-One less than the
number needed to confirm the ap-
pointees
Before the decision was finally
reached to bring Senator Burris to
the Senate floor from his sickbed
al his summer home in Rehoboth,
numerous efforts were made by the
COP leaders to work out some sort
Of compromise with the Senate
Democrats. When all such efforts
met with failure. the decision was
made 10 call the ill senator by
telephone and Il possible. bring him
to Dover for the crucial vote.
Senator Thomas u. Johnson,
president pro tenn Of the Senate,
spoke with Senator Burris from the
governors office and was asked If
the vote could not be postponed un-
I'll he was in better condition.
According TO Senator johnson, /
the minority leader Senator Wall
ter a. HandsberFy (D-Leipsic) was
called IN to talk to Senator Bur
ris. It was then that the minority
leader informed the latter that he
would have to come To Dover "if
he wanted the appointments con- /
tirmed, Senator Johnson said.
The decision Of the Democrats /
to hold firm and thus hold up con
drmation had apparently been /
reached at a caucus Of the minority
leaders which included the seven
Democratic senators and former
Gov. Elbert N. Carvel, now Demo I
cratic state chairman
While there were several con-
nlcting stories making the rounds I
as 20 why the Democrats wished to 1
hold up confirmation Of the ap- I
pointments, the one which gained 4
the widest circulation had it that T
there was a strong feeling that the I
Democrats should get a iudgeship
for Kent County That county now
has only one iurist on the bench
Superior Court Judge Charles y.
Terry. Jr.
Another report had it that the
Democrats felt that Governor
Boggs should have named a Demo-
crat to the Supreme Court to re-
place resigned Justice James NJ.
Tunnel Jr.
However, the COP leaders dis
counted these stories and appeared |
prone 70 place most Of the blame
for the delay on Mr.. Caryel whom
some Of them accused of Cracking
the Whip" over the Democratic SEN 1
atOrs
lt never became quite clear what
The minority expected to gain once +
me decision was reached TO bring
Senator Burris To tie Senate foor
q give the Republicans the neees-
sary ninth vote. Even If lie had not
been able to come, one COP leader
said. the Senate would have been
recessed and q special election cali |
sa within week ID the Third Sena-
.oriai District represented BY DR.. !
5enger before his death. IN order
2 elect an additional senator. This
district which comprises ali 81