Smyrna times., 1960-08-04

IteWlluk lfOfll dlodsttfb CduStu Dy tHtflly
attack. shall have the power and the
immediate duty % to provide for prompt
and temporary succession to the powers
and duties of public Offices whose success
sion is not otherwise provided for in this
Constitution. of whatever nature and
whether filled by election or appointment.
the incumbents of which may become un-
available for carrying on the powers and
duties of such offices. and t2) to adopt
such other measures as may be necessary
and proper for insuring the continuity
of governmental operations. In the eNer-
else of the powers hereby conferred the
General Assembly shall in all respects
conform to the requirements of this Con-
judgement of the General Assembly so
to do would be impracticable or would
admit of undue delay.
AN ACT PROPOSING AMENDMENTS
TO ARTICLE Nv OF THE C0NSTITC-
TION OF THE STATE OF della
WARE, RELATING TO THE JUDICI-
AIRY.
Be it enacted by the General Assembly
Of the State of Delaware (two-thirds of
all the Members elected to each House
agreeing thereto);
Section L. Article w, Section of
he Constitution of the State of Delaware
IS amended by striking all of that Sec
lion and inserting in lieu thereof new
Section to read as follows:
Section 5. The Justices of the Su-
preme Court. the Chancellor and the Vice
Chancellor or Vice-Chancellors, and the
President Judge and Associate Judges of
the Superior Court and of the Orphans
Court shall be appointed by the Governor
by and with the consent of majority
OF all the Members elected to the Senate,
for the term Of twelve years each, and
the persons so appointed shall enter upon
the discharge of the duties of their re-
I'll tl., NaAl sxf
Office prescribed by this Constitution. If
a vacancy shall occur. by expiration OF
term or otherwise. at a time when the
Senate shall not be in session, the Gov
ernor shall within thirty t30) days after
the happening of any such vacancy con-
vene the Senate for the purpose of con-
firming his appointment to fill said va
cancy and the transaction of such other
executive business as may come before 1t.
Such vacancy shall be filled as aforesaid
for the full term.
Appointments to the office of the State
Judiciary shall at all times be subject
to all Of the following limitations
First. no more than two Of the three
Justices OF the Supreme Court in Office at
the same time. shall be of the same major
same time. shall be of the same major
political party. at least one of said JUS
tices shall be of the other major political
soarty;
~oecOnus AT any Time Wntu lHt tOldl
number of Judges of the Superior Court
and Orphans Court shall be an even
number not more than one-haf of the
members of all such offices shall be of
the same political party; and at any
time when the number of such offices
shall be an odd number. then not more
than a bare majority of the members of
all such offices shall be of the same maj
or political party. the remaining members
of such Offices shall be of the other major
political party.
Third. al any time when the total
number of the Offices of the three JUS
tices of the Supreme Court. the Judges
of the Superior Court and Orphans Court.
the Chancellor and all the Vice-Chancel-
lors shall be an even number, not more
than one-haf of the members of all such
offices shall be of the same major politi-
cal party and at any time when the
total number of such offices shall be an
odd number. then not more than bare
majority of the members of all such of
fees shall be of the same major political
party the remaining members of the
Courts above enumerated shall be OF the
,ther major political party.
Fourth. before sending the name of any
person to the Senate for confirmation as
he appointment of the Governor to a
racancy in any Judicial office as aforesaid,
NE Governor shall. not less than ten
i10) days before sending the name OF
ion. address a public letter to the Presi-
dent of the Senate informing him that
he intends to submit to the Senate Tor
confirmation as an appointment TO sucn
vacancy the name of the person he IN
tends to appoint
AN ACT PROPOSING AMENDMENTS
~TO ARTICLE v OF THE CONSTITU-
TON OF THE STAE OF DELA-
IU.s COURT ACTING AS BOARDS OF
CANVASS.
Be it enacted by the General Assembly
of the State of Delaware ttwo-thirds of
all the Members elected to each House
agreeing thereto):
Section /. Article v. Section 6 of the
Constitution of the State Of Delaware is
amended BY striking out all of that Sec
ton and inserting in lieu thereof new
Section to read as follows:
Section 6. The presiding election officer
of each hundred or election district, on
the day next after the general election
shall deliver one of the certificates of the
election made and certified as required
by law, together with the ballot box OF
ballot boxes. containing the ballots, anc
other papers required by law to be PLACED
therein. to the Prothonotary of the Su
perior Court of the county. who shall a
twelve O'Clock noon on the second day
after the election present the same
the said court. and the election ofhcer O
officers having charge of any other .certii
cate or certificates of the election shall a
the same time present the same to tn
said court. and the said court shall "a
ance of the duties hereby imposed upol
it: and thereupon the sal sad court; wit wit
sworn assistance as it shall appoint. shal
publicly ascertain the state Of the e,ec
ton throughout the county: by caiculai
ing the aggregate amount Of all the vote
for each office that shall be given in q
the hundreds and election districts. OF tn
county for every person voted for for sue
Office.
In case the certificates of election G
any hundred or election district shall nc
be produced. or in case the certificate
produced do not agree. or in case 9
complaint under oath of fraud or mil
take in any such certificate. or in cas-
fraud or mistake is apparent on the fas
OF any such certificate. the court shs
have power to issue summary procef
against he election officers or any otht
persons TO bring them forthwith into coul
with the election papers in their posse