Milford chronicle., 1960-08-05
ONSTITUTI TI0NAL
MEN MENTS

AMEN MENTS
The following Amendments to the
| Constitution of the State of Delaware
were passed by the 120th General AS
sembly and are being published in ac-
cordance with Article XVI, Section /
of the Constitution of the State OF
DeIa 1N ESrT ACT PROPOSING AN AMEND
MENT TO ARTICLE 8 OF The
or DELAWARE ENTITLED REV
ENUE AND TAXATION.
Be it enacted by the General Assem-
blv of the State of Delaware two
thirds of all Members elected to each
House thereof concurring therein):
Section l. Article of the Constitu-
tion of the State of Delaware is
amended by adding a new section
thereto to read as follows:
Any law which shall have the effect
of increasing the rates of taxation on
personal income for any year or part
thereof prior TO the date of the enact
ment thereof, or for any year or years
prior to the year in which the law is
enacted, shall be void.
AN ACT PROPOSING AN AMEND
MENT TO THE CONSTITUTION
or THE STATE OF DELAWARE
BY ADDING A NEW ARTICLE EN-
TITLED ocor ocoNTieolTY eovH e0m OF sIATE IA II
oPERATioNs IN PERIODS OF
EMERGENCY RESULTING FROM
DISASTERS CAUSED BY ENEMY
ATTACK.
bly, of the State of Delaware (two-
thirds of all Members elected to each
House thereof concurrine therein):
Section l. The Constitution of the
State of Delaware is amended by add
ing a new Article thereto to read as
FILL r
ARTICLE XVII
CONTINUITY OF STATE AND LO-
CAL GOVERNMENTAL OPERA
TONS IN PERIODS OF EMER- s
ASTERS CAUSED BY ENEMY
The general Assembly, in order to
insure continuity of State and local
governmental operations IN periods OF
emergency resulting from disasters
caused by enemy attack, shall have the
power and the immediae duty ~ to
provide for prompt and temporary sue
cession to the powers and duties of
public offices whose succession is not
ri pfherwise provided for i'm this Consti-
tuition, of whatever nature and whe-
ther filled by election or appointment,
the incumbents of which may become
unavailable for carrying on the powers
and duties of such offices, and (2) to
adopt such other measures as may be
necessary and proper for insuring the
continuity of governmental operations.
In the exercise of the powers hereby
conferred the General Assembly shall
in all respects conform to the require
ments of this Constitution except to
the extent that in the Judgment of the
General Assembly so to do would be
impracticable or would admit of undue
delay.
AN ACT PROPOSING AMEND.
CONSTITUTION OF THE STATE
OF DELAWARE, RELATING TO
THE JUDICIARY.
Be it enacted by the General Assem-
thirds Of all the Members elected to
each House agreeing thereto):
Section l. Article ", Section 3 of
the Constitution of the State of Della
ware is amended by striking all of that
Section and inserting in lieu thereof a
new Section to read as follows:
Section 8. 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 con-
sent 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 dis
charge of the duties of their respective
offices upon taking the oath of office
prescribed by this Constitution. Ii 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 600 days
after the happening of any such va
cancy convene the Senate for the pur-
pose of confirming his appointment to
fill said vacancy and the transaction
of such other executive business as
may come before it. Such vacancy
shall be filled as aforesaid for the full
term.
State Judiciary shall at all times be
subject to all of the following limi-
ItationS:
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 political party, at least one of
said Justices shall be of the other
major political party;
Second at any time when the total
number of Judges of the Superior
even number not more than one-half
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 major political party, the
remaining members of such offices
shall be of the other major political
party.
Third, at any time when the total
number of the offices of the three
Justices of the Supreme Court, the
Judges of the Superior Court and Or
phans' Court, the Chancellor and all
the Vice Chancellors shall be an even
number, not more than one-half of the
members of all such offices shall be of
the same major political party; and
at any time when the total 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 major political party:
the remaining members of the Courts
a bove enumerated shall be OF the other
major political party:
Fourth before sending the name of
any person to the Senate for con-
| firnation as the appointment of the
| Governor to vacancy in any Judicial
office as aforesaid, the Governor shall,
not less than ten (10) days before
| sending the name of such person to
| the Senate for confirmation, address a
nIIbIic letter to the President of the
| Senate informing him that he intends
| to submit to the Senate for confrma-
| tion as an appointment to such va
cancy the name of the person he In
| tends to appoint.
MENTs TO ARTICLE Y OF The
0F DEL AWARE, RELATING TO
The SUPERIOR COURT ACTING
AS BOARDS OF CANVASS.
Be it enacted by the General Assem-
hIv of the State of Delaware two
/ thirds of all the Members elected to