N.J. Constitutional Convention: Vol. 5, Page 418


Monday, September 8, 1947
(Executive Session)

pardon one guilty of treason; that the proper relief was by joint legislative action. It was further pointed out that this matter had been considered earlier by the Committee and it was decided that treason and impeachment had been included in the limitation of the Governor's pardoning power.

It was agreed without formal motion that the position of the Committee as originally adopted be adhered to.

(3) The third proposal concerned the term of office of the Secretary of State and the Attorney-General, as set out in Article V, Section IV, paragraph 3.

The proposed change was the addition to paragraph 3 of the words, "and until the appointment and qualification of their successors."

A general discussion followed. It was reported that Attorney-General Van Riper had indicated the importance of the post of Secretary of State and the necessity for his certification to records during the period of inauguration. For that reason his term of office should continue until his successor qualified.

To meet this need it was suggested that the Secretary of State remain in office two weeks after the new Governor assumed office so there would be no interruption. On the other hand, it was pointed out that the Acting Secretary of State could function in the absence of a Secretary of State.

It was generally agreed that such a change might be considered substantive and raise questions from the floor. On further consideration it was thought wise to have the Secretary of State's term run concurrently with that of the Governor as originally intended.

It was agreed without formal motion to leave the wording unchanged.

(4) The fourth proposal concerned the wording of the civil service clause in Article VII, Section I, paragraph 2, page 16, under Public Officers and Employees.

It was asserted by several members of the Committee that Delegate Gene W. Miller felt that the clause as written seemed to limit the home rule principle in the merit system.

A discussion followed in which it was pointed out that if by referendum civil service is adopted, by referendum it should be repealed. Others pointed out that to change the wording now would seem to weaken the civil service guarantees. This would be unwise.

After weighing the pros and cons it was moved and duly resolved that the language should be unchanged.

The meeting then adjourned at 2:55 P.M.

Respectfully submitted,Spencer Miller, Jr., Acting Secretary

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