ST ATE OF DELA W A"RE.

JOURNAL

OF THE House of Representatives

AT A SESSION OF THE

GENERAL ASSEMBLY

CONVENED AND HELD AT DOVER, ON TUESDAY, THE ELEVENTH DAY OF JANUARY, IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND NINETY-EIGHT, AND OF THE INDEPEN- DENCE OF THE UNITED STATES THE ONE HUNDRED AND TWENTY-SECOND.

THE ELECTRIC PRESS, WILMINGTON, DEL. $+-c,._-\-e._ L) 0 C, KF'D H~~ ,g q 5? \ i ......

OFFICERS AND MEMBERS

OF THE House of Representatives.

SPEAKER, EMORY B. RIGGIN, Laurel, Sussex Co. CLERK, GEORGE W. SPICER, JR., Marshallton, New Castle Co. READING CLERK, WALTON THOMPSON, Harbeson, Sussex Co. CHAPLAIN, REV. CHARLES I. STENGLE, Leipsic, Kent Co. SERGEANT-AT-ARMS, WILLIAM B. HAZELL, Kenton, Kent Co. PAGE, CLARENCE M. GOLT, Dover, Kent Co. MEMBERS, WOODWARD W. CHEAIRS, New Castle Co ...... Delcware City CHARLES W. DEMPSEY, New Castle Co ...... Faulkland ROBERT McCUI.,LOUGH, New Castle Co ...... Guyencourt DAVID K. DONAI4DSON, New Castle Co ...... Christiana \VIL LIAM B. McCOY, New Castle Co ...... New Castle JAMES T. TAYLOR, New Castle Co ...... Townsend J. FRANK ELIASON, New Castle Co ...... Mt. Pleasant BENJAMIN A. HAZELL, Kent Co ...... Smyrna \VILLIAM R. DAVIS,. Kent Co ...... Clayton LEANDER S. HOPKINS, Kent Co ...... Frederica CHARLES M. ADAMS, Kent Co ...... Adamsville JAMES A. MARTIN, Kent Co ...... Milford JOSEPH H. HOPKINS, Kent Co ...... Dover ROBERT H. WILSON, Kent Co ...... Dover EMORY B. RIGGIN, Sussex Co ...... Laurel MATT FORD SHORT, Sussex Co ...... Georgetown ASBURY SMITH, Sussex Co ...... Milford THOMAS JOHNSON, Sussex Co ...... Cool Spring ELISHA C. DUKES, Sussex Co ...... _...... Millville ISAAC N. WHITNEY, Sussex Co ...... Bridgeville JOHN C. THOMPSON, Sussex Co ...... Harbeson

JOURNAL

OF THE House of Representatives.

ADJOURNED SESSION.

'TuESDAY, January 11, 1898-rn o'clock, A. M.

House met pursuant to adjournment.

Prayer by the Chaplain.

Roll called. Members present-Messrs. Adams, Davis, Dempsey, Cheairs, Donaldson, Dukes, Eliason, Hazell, J. H. ·Hopkins, L.S.Hopkins,Johnson, Martin, McCoy, McCullough, ,Short, 'Smith, Taylor, Thompson, Whitney, Wilson, Mr. Speaker.

Mr. Donaldson moved that the reading of the Journal be dispensed with.

Which motion Prevailed.

The Speaker addressed the House as follows :

-Genlleineil, fa ptitsuance to a joint resolution passed this body in May last, we meet again in session.

We ought 'to be thankful to our Creator, that we have been blessed with Life, Health, Happiness and Liberty during 6 the intervening mo:1ths that have passed since our adjourn­ ment.

Since we left these Halls, the Constitutional Convention has finished its work. Their work and the effect of their deliberation has gone forth and been proclaimed to the people of this commonwealth, v,hich has, I believe, been accepted in good faith by all loyal Delawareans as the fundamental la,v of the State.

We meet again as the Representatives of the people, to enact such laws as are necessary and proper for the carrying out of the provisions thereof.

I feel sure that each one of us is awake to the import­ ance of the work which is before us.

There will be some very important measures before us, for our consideration ; business that will require some of our very best thought, and a most careful consideration.

I earnestly hope that in the discharge of our duties, we may confine our work principally to enacting just such laws as are necessary and proper. That is the way I feel about it myself, and our constituents will be satisfied with nothing less.

Our duty is an important one-a duty which seldom occurs to a legislative body. It is for us to determine whether we perform that duty well or not. If we do it well, I am confident we will have the approbation of a kind and loving people ; if we fail, an everlasting condemnation will rest upon us.

I would not feel that I had done my duty, if I failed to say something in reference to remodeling the State House.

I feel quite certain that I speak the sentiment of this House when I say that the committee who had charge of the affair is deserving of more than a passing notice. \:Vho has 7 done so much for the comfort of the members and future Legislature? I am satisfied that the changes which have been made have settled the question of a new building for many years to come.

I hereby announce to the House a vacancy existing in the office of Reading Clerk on the account of the death of the late Clerk, C. W. Kern.

I have also in my hand the resignation of the Chaplain, the Rev. H. G. G. Vincent, who has moved from the State.

I recommend that you take such action as is necessary in each of the cases.

I wish to call your attention to a resolution, which you will find on page 71, Journal 1897.

And, further, I call the Sergeant-at-Arms' attention to a resolution on page 32, Journal 1897.

My order is that it be strictly enforced.

I beg to thank you for your continued kindness.

We are now ready to proceed with the business.

The Speaker presented to the House the resignation of Rev. H. G. G. Vincent as Chaplain.

Which, on his motion, was read as follows:

PAULSBORO, N. J., Jan. 3, 1897. To the Members of the House of Representatives : I herewith tender my resignation as Chaplain and Read­ ing Clerk of the House. In explanation of this I need only write of my removal from dear Delaware. I want to thank 8 each member and officer of the House for his uniform kind­ ness, courtesy and helpfulness. Certainly I have been highly honored in being permitted to associate with you. Every man of the General Assembly will have my interest in his career and my prayers for his success. May the God of all power and wisdom be your ruler and guide. Faithfully, H. G. G. VINCENT.

On motion, Mr. Vincent was accorded the privilege of the floor to address the members.

Mr. Donaldson moved that the resignation be accepted, and a committee of three be appointed to draft resolutions in regard thereto.

Which motion Prevailed.

The Speaker appointed as the committee, Messrs. Donald­ son, Adams and Johnson.

On motion of Mr. Hazell, the Clerk was instructed to inform the Senate that the House had re-assembled and was ready to receive any communications the Senate should see proper to transmit.

Mr. Doherty, Clerk of the Senate, being admitted, informed the House that the Senate had re-assembled and was prepared to receive any communication from the House.

Mr. Doherty, Clerk of the Senate, being admitted, informed the House that the Senate had adopted and requested the concurrence of the House in Senate joint resolution, entitled

" Joint resolution appointlng a joint committee to wait on the Governor and inform him of the re-assembly. 9

And presented the same to the House.

On motion of Mr. Cheairs, the joint resolution

Was read,

Mr. Cheairs moved that tlitc.J9int resolution be concurred 111.

On the question, "Shall the Joint resolution be concurred in ? " the yeas and nays \Vere ordered, w hie h, on being taken, were as follows : ·

Yeas-Messrs. Adams, Cheairs, Davis, Dempsey, Dukes, Donaldson, Eliason, Hazell, J. H. Hopkins, I,,. S. Hopkins, Johnson, Martin, McCnllongh, McCoy, Short, Smith. Taylor, Thompson, 'Nilson, ·Whitney, Mr. Speaker--21.

Nays-None.

So the question was decided in the Joint resolution having received the required constitutional majority,

Was declared Concurred in.

Ordered that the Senate be informed, and the joint reso­ lution returned to that body.

The Speaker appointed as committee on the part of the House in relation to the foregoing joint resolution, Messrs. Cheairs and Adams.

Mr. Cheairs, on behalf of the Joint Committee appointed to wait upon the Governor, reported that the Committee had performed their duty, and that His Excellency would shortly communicate with the General Assembly.

On motion the report was accepted and the Committee discharged. Hz IO

On motion of Mr. Short, the House adjourned until 3 o'clock P. M.

SAME DAY-3 o'clock P. M.

House met pursuant to adjournment.

Hon. James H. Hughes, Secretary of State, being admitted, presented to the House a message from His Excel­ lency, the Governor. He also informed the House that he had presented to the Senate other documents which in due time would be transmitted to the House.

On motion of Mr. Hazell, the Governor's Message was read:

(See Appendix.)

Mr. Donaldson moved that one thousand copies of the Governor's Message be printed for the use of the members.

Which motion Prevailed.

Mr. Cheairs moved that the Governor's Message and accompanying documents be referred to a committee of three.

Which motion Prevailed.

The Speaker appointed as said Committee Messrs. Cheairs, Wilson and Dukes. II

Mr. Doherty, Clerk of the Senate, being admitted, pre­ sented to the House, Reports that had been presented to the Senate by the Governor.

Mr. Hazell moved that the House proceed to the nomina­ tion and election of a Reading Clerk.

On motion, Messrs. Davis and J. H. Hopkins were appointed tellers.

Mr. Short nominated Walton Thompson.

On motion the nominations were closed.

The vote was taken, and the ballots being counted, it was found that Walton Thompson had received twenty-one votes.

And was declared elected Reading Clerk.

On motion the House proceeded to elect a Chaplain.

Mr. Hazell nominated Rev. Chas. I. Stengle.

On motion the nomination was closed.

The vote being taken and the ballots counted, it was found that Rev. Chas. I. Stengle had received twenty-one votes.

And was declared elected Chaplain of the House.

Mr. Donaldson moved that a committee of two be appointed to inform Mr. Stengle of his election, and escort him into the chamber.

Mr. Stengle was presented and introduced by the Com· mittee. 12

Mr. Adams asked, and on motion obtained, unanimous consent to introduce a bill (H. B. 461) entitled

'' An act fixing the time for holding the Supreme Court.''

\Vhich, on his motion, was read.

And, on his further motion, Rule 12 was suspended, and the bill was read the second time by title, and referred to the Committee on Judiciary.

Mr. Hazell asked, and on motion obtained, unanimous consent to introduce a bill (H. B. 462) entitled

"An act in relation to the Supreme Court, providing for its terms and the place of holding the same and for the seal and clerk thereof.''

Which, on his motion, was read.

And, on his further motion, Rule 12 was suspended and the bill was read the second time by title, and referred to the Committee on Judiciary.

Mr. Hazell asked, and 011 motion obtained, unanimous consent to introduce a bill (H. B. 463) entitled

"An act providing that the Sheriff of Kent County shall attend the sessions of the Supreme Court and execute the process and orders thereof.' '

And, on his further motion, Rule 12 was suspended, and the bill was read the second time by title and referred to the Committee on Judiciary.

Mr. Donaldson, on behalf of the Committee appoin_ted to draft resolutions in regards to the resignation of Chaplain Vincent, presented the following resolutions: 13

We, the Committee appointed to draft resolutions in regard to the resignation of Mr. Vincent, late Chaplain, beg leave to make the following report :

WHEREAS, We have received the resignation of Rev. H. G. G. Vincent as Chaplain of the House of Representa­ tives, and desiring to record our appreciation of his services in that as well as other capacities, therefore be it

Resolved, That in the removal of Rev. H. G. G. Vincent from our list of officers, this body loses a kind and affable officer and a true friend, andbe it

Resolved, That we hereby record our regards at his depart­ ure, and wish for him a long and successful ministerial career, blessed with much happiness and the best of health.

Resolved, That a copy of these resolutions be forwarded to Rev. H. G. G. Vincent, our late Chaplain.

D. K. DONALDSON, c. M. ADAMS, THOMAS JOHNSON, Committee.

On motion the resolutions were adopted and the Com­ mittee was discharged.

On motion the House adjourned until Wednesday, ro o'clock A. M. WEDNESDAY, Jan. 12, 1897-ro o'clock A. M. House met pursuant to adjournment.

Prayer by the Chaplain.

Roll called. Members present-Messrs. Adams, Davis, Dempsey, Cheairs, Donaldson, Dukes, Eliason, Hazel, J. H. Hopkins, L. S. Hopkins, Johnson, Martin, McCoy, McCul­ lough, Short, Smith, Taylor, Thompson, Whitney, Wilson, Mr. Speaker.

Journal read and approved.

Mr. Walton Thompson, Reading Clerk-elect, being pres­ ent, was introduced, sworn in by the Speaker, and assumed his duties.

Mr. Dempsey secured the floor on question of personal privilege.

Mr. Donaldson gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

"An act in relation to trading stamps in the City of Wilmington.''

Mr. Smith gave notice that on to-morrow, or some future day, he would ask leave to introduce a bill, entitled

"An act to provide for a stenographer and typewriter for the Governor and Secretary of State.''

Mr. Johnson moved that H. B. 432, entitled "An act in relation to the Levy Court of Sussex County."

Be referred back to the Committee for further consider­ ation.

Which motion Prevailed.

Mr. Cheairs raised the point of no quorum present.

Speaker pro-tem McCoy directed the Clerk to call the roll.

Those present and answering to their names:

Messrs. Cheairs, Davis, Dempsey, Donaldson, Dukes, Eliason, J. H. Hopkins, L. S. Hopkins, Johnson, Martin, McCoy, McCullough, Smith, Taylor, Whitney-15.

On motion the House adjourned until 2 o'clock P. M.

Same Day-2 o'clock, P. M.

House met pursuant to adjournment.

Mr. Donaldson, on behalf of the Committee on Rules, presented the amended rules to govern the House.

Which, on motion of Mr. Donaldson, were read as follows: 16

RULES OF THE HOUSE.

RULE 1. Every member shall be in his place at the time to which the House stands adjourned.

RULE 2. Every day, before the House proceeds to other business, the Clerk shall call the names of the members in alphabetical order, and shall read the journal of the preceding day, which may then be corrected by the House.

RULE 3. All motions and resolutions, except for the reading of bills, the daily adjournment of the House, or any motion to refer any subject, or postpone the same, shall, if required by the Speaker or any member, be reduced to writing by the mover, and, if seconded, shall be repeated by the Speaker to the House before a debate or decision thereon. And any written resolution introduced by the Speaker, or a member of the Honse, and sent to the Clerk's table, shall be read without motion to receive same, unless the reading of such resolution shall be objected to by a member of the House.

RULE 4. All committees, unless the House shall other­ wise direct, shall be appointed by the Speaker. And ewry special committee shall report within five days of actual session of the House from the time of its appointment, or furnish sufficient reason why report has not been made.

Rur.E 5. The following committees shall be standing committtees, and shaHcontinue during the session, to whom business appropriate to them shall be referred, viz:

A Committee on Rules, to consist of three members.

A Committee on Revenue and Taxation, to consist of five members.

A Committee on Elections, to consist of five members. c7

A Committee on Judiciary, to consist of five members.

A Committee on Federal Relations, to consist of three. members.

A Committee on Crimes and Punishments, to consist of five members.

A Committee on Accounts, to consist of five members.

A Committee on Claims, to consist of five members.

A Committee on Constitutional Reform, to consist of three members.

A Committee on Agriculture, to consist of five members.

A Committee on Municipal Corporations, to consist of five members.

A Committee on Fish, Oysters and Game, to consist of five members.

A Committee on Printing, to consist of five members.

A Committee on Revised Statutes, to consist of five mem­ bers.

A Committee on Private Corporations, to consist of five members.

A Committee on Temperance, to consist of three mem­ bers.

A Committee on Education, to consist of five members.

A Committee on Enrolled Bills, to consist of nine mem­ bers. 18

A Committee on Appropriations, to consist of five mem­ bers.

A Committee on Miscellaneous Business, to consist of five members.

A Committee on Stationery and Supplies, to consist of five members.

RULE 6: The unfinished business in which the House was engaged at the time of the last adjournment shall have the preference in the order of the day.

RULE 7. Every bill shall be introduced by motion for leave, by order of the House, or by a. report of a committee, and one day's notice shall be given of an intended motion for leave to bring in a bill.

RULE 8. Every motion, except a motion to adjourn, shall be entered on the journal with the name of the mover.

RULE 9. No member shall be interrupted when speak­ ing, but by a call to order by the Speaker, or a member through the Speaker; nor shall any member be allowed to speak upon any subject more than three times ( except in explanation), ,vithout the leave of the House; and no member shall be referred to by name in debate.

RULE 10. While the Speaker is putting any question or addressing the House, no one shall walk out of or across the House; nor in such case, or when a member is speaking, shall pass between him and the chair.

RULE I 1. Before any petition or memorial address to the House shall be received and read at the Clerk's table, whether the same be introduced by the Speaker or a member, a brief statement of the .contents shall be verbally made by the intro­ ducer; and any petition or memorial shall be referred, of course, without putting a question for that purpose, unless the reference is objected to by a member at the time such petition or memorial is presented and read. 19

RULE 12. Every bill, except as to style or form, shall receive three several readings, no two of which shall be on the same day, except by a special order of the House, under a suspension of the rules. No bill or joint resolution, except in relation to adjournment, shall pass the House unless the final vote shall have been taken by yeas and nays, and the names of the members voting for and against the same shall be entered on the journal, nor without a majority of all the members elected to the House shall vote in the affirmative.

RULE 13. No rule of the House shall be changed or sus­ pended, except by a vote of two-thirds of the members present.

RULE 14. All bills ordered to be engrossed shall be cer­ tified by the Clerk, noting the day of passing at the foot thereof.

RULE 15. All amendments to bills shall be made before they are taken up for the third or final reading, unless such as will not materially alter or change their nature or meaning.

RULE 16. No question which has been decided shall be reconsidered but on a motion made by a member who voted with the majority on the original question, and no motion for reconsideration shall be in order unless made on the same or one of the three next succeeding days of actual session of the House thereafter. And the word majority shall, in applica­ tion of this rule, be construed to mean, not the greatest num­ ber of votes, but such number as was sufficient to prevail in the decision of the original question.

RULE 17. Questions of order, either before the House or in Committee of the Whole, shall, in the first place, be deter­ mined by the Speaker or Chairman, from whose decision an appeal may be made to the House or Committee on the request of a member, but no debate shall be allowed thereon until the appeal is taken.

RULE rS. The rules of proceeding in the House shall, as far as applicable, be observed in Committee of the Whole. 20

RULE 19. The Speaker, or Chairman, shall put every question, and if necessary for a fair decision, may, of his own accord, or at the request of a member; require those in the affirmative to rise, and to reserve the question; and the yeas and nays shall be taken, if requested by the Speaker or a member.

RULE 20. All messages from the House to the Senate shall be conveyed by the Clerk, or a member, as the Speaker may direct, and when a message is brought to the House by a member of the Senate, or an officer of the State, the members shall rise upon their feet.

RULE 21. Messages to the House shall not be admitted while the House is voting on a question.

RULE 22. Unle.ss otherwise ordered, the House shall meet every day (Sundays excepted) at ten o'clock in the morning, and three o'clock in the afternoon..

RULlt 23. No member shall absent himself from the House more than one day without first having obtained leave.

Ruue 24. The Speaker shall, equally with other mem­ bers of the House, have the right to vote upon all bills, reso· lutions, questions and proceedings; provided, that upon calls for the yeas and nays, the Speaker's name be last called.

RULE 25. The mles of parliamentary practice, comprised in Cushing' s Manual, shall govern the House in all cases to which they are not inconsistent with the standing rules and orders of the House; and where the rules of parliamentary practice comprised in Cushing's Manual are not applicable, the rules of parliamentary practice comprised in Jefferson's Man­ ual shall govern the House in all cases to which they are applicable, in so far as said rules so comprised in Jefferson's Manual are not inconsistent with the standing rules and orders of the House. 21

RULE 26. 'rhe daily order of business shall ce as follows:

I. Reading of the journal.

IL Communications from the Speaker.

III. Reports from standing committees, in regular order as they are enumerated in Rule 5.

IV, Reports from special committees in the order of appointment.

V. Petitions and memorials.

VI. Introduction of new business.

VII. Second reading of bills.

VIII. Business 011 the calendar.

IX. Miscellaneous business.

'rhe Clerk shall keep a calendar of business on which reports from committees, bills and resolutions which lie over, and other matters undisposed of, indicating the subject of each item, shall be placed in the order in which they are presented, a printed copy of which calendar shall be furnished to each member at the opening of every morning session.

At eleven o'clock each day of the session, unless there be an order of the day, or as soon thereafter as the order of the day shall be disposed of, the business on the calendar shall be taken up and disposed of in the order in which it stands thereon, and a vote of two-thirds of the members present shall be required to take up any matter out of its order on the cal· endar or to make any matter the order of the day for a par· ticular time. 22

JOINT RULES.

GOVERNING INTERCOURSE BETWEEN THE TWO HOUSES.

RULE r. In every case of amendment to a bill, or any other matter agreed to in one house and dissented to in the other, if either House shall request a conference and appoint a committee,· the other House shall also appoint a committee to confer. Such committee shall, at a convenient hour agreed on by -their Chairman, meet in the conference chamber and state to each other, verbally or in writing, as either shall choose, the seasons of their respective houses for and against the amendment or other matter of disagreement and confer freely thereon.

Ruut 2. When a message shall be sent from either house to the other, it shall be announced at the door of the house to which it is sent by the Sergeant-at-Arms, and shall be respectfully communicated to the Chair by the person by whom it may be sent.

RULE 3. Messages shall be sent by such persons as a sense of propriety in each house may determine.

RULE 4. \Vhile bills or joint resolutions are on their passage between the two houses they shall be on paper, and under signature of the Clerk of each house respectively.

RULE 5. After a bill or joint resolution shall have passed both houses it shall be duly enrolled by the Clerk of the house in which it originated and shall be examined by a committee of each house respectively, who shall carefully compare the enrollment with the original, as passed by both houses, and after correcting any errors that may be discovered in the enrolled copy shall make a report to their respective houses.

RULE 6. After examination and report, each bill or joint resolution shall be signed in the respective houses, first by the Speaker of the house in which it originated. 23

Ruu: 7. When a bill or resolution which shall have passed in one house is rejected by the other, notice thereof shall be given to the house in which the same shall have passed.

RULE 8. Each house shall transmit to the other all papers on which any bill or joint resolution may be found.

RULE 9. After each house shall have adhered to their disagreement, a bill or joint resolution shall be lost.

RULE IO. In all cases where a conference takes place­ the committee shall be composed of members who voted in the majority· on the point or points of difference, but the come mittee shall not have power or control over any part of the bill, resolution or order, except such parts on which difference exists between the two houses.

On the question shall the amended rules be adopted the yeas and nays were ordered, which, being taken, were as fol­ lows:

Yeas-Adams, Chears, Davis, Dempsey, Donaldson, Dukes, Eliason, Hazell, J. H. Hopkins, L. S. Hopkins, John­ son, McCoy, McCullough, Short, Smith, Taylor, Thompson, \Vhitney, \Vilson, Mr. Speaker-20.

Nays-None.

And the amended rules were declared adopted.

Mr. Wilson asked, and on motion obtained, unanimous consent to introduce a bill (H. B. 464) entitled

«An act in relation to an act entitled 'An act to equalize taxation for State and County purposes.' ''

Which, on his motion, was read. And, on the further motion of Mr. Wilson, Rule 12 was suspended,

And the bill was read a second time by title, and referred to the Committee on Revenue and Taxation.

Mr. Donaldson moved that Rule 7 be suspended to enable Mr. Johnson to introduce and have read a bill.

On the question '' Shall the rule be suspended? '' the yeas and nays were ordered, which, being taken, were as follows :

Yeas-Messrs. Adams, Cheairs, Davis, Dempsey, Donald­ son, Dukes, Eliason, Hazell, J. H. Hopkins, L, S. Hopkins, Martin, McCoy, Short, Smith, Taylor, 'l'hompson, Whitney, Mr. Speaker.-rS.

Nays-None.

The motion having received the required majority, the rule was declared suspended.

Mr. Johnson introduced House bill No. 465, entitled

'' An act proposing amendments to the Constitution of the State of Delaware.''

Which, on his motion, was read.

Mr. Wilson was accorded the privilege of the floor on a question of personal privilege.

Mr. Wilson offered a Joint resolution, entitled

"Joint resolution in regard to employing counsel for the General Assembly." Which, on his motion, was read. And, on his further motion, was laid on the table tempo­ rarily.

Mr. Wilson moved that the Joint resolution, entitled

"Joint resolution in regard to employing counsel for the General Assembly,"

Be taken up for consideration.

On motion the Joint resolution was laid on the table.

Mr. Donaldson offered a Joint resolution, entitled

"Joint resolution in relative to employing counsel."

Which, on his motion, was read.

Mr. Speaker moved to lay the resolution on the table.

Which motion Prevailed.

Mr. Doherty, Clerk of the Senate, being admitted, informed the House that the Senate had passed and requested the concurrence of the House in the following Senate Joint resolution, entitled

"Joint resolution authorizing the employment of counsel to draft laws and amendments.''

And presented same to the House.

Mr. Cheairs moved that the Joint resolution be read.

Mr. Dempsey moved that the Joint resolution be laid on the table. H4 26

Which motion Prevailed.

Mr. Donaldson offered a Joint resolution, entitled

"Joint resolution appointing Joint Committee to confer in regards to procedure.''

Which, on his motion, was read.

Mr. Donaldson moved the adoption of the resolution.

Mr. Cheairs moved to amend the motion "that the Joint resolution lay on the table,"

Which motion Prevailed.

On motion the House adjourned until rn o'clock A. M., Thursday. THURSDAY, Jan. 13, 1898-10 o'clock A. M.

House met pursuant to adjournment.

Prayer by the Rev. J. H. Beauchamp.

Roll called. Members present-Messrs. Adams, Cheairs, Davis, Dempsey, Donaldson, Dukes, Eliason, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, Martin, McCoy, McCul· lough, Short, Smith, Whitney, Wilson, Mr. Speaker.

Journal read and approved.

The Speaker announced the Standing Committees under the amended rules, as follows :

HOUSE STANDING COMMITTEES.

Rules-Mr. Speaker, J. H. Hopkins, Donaldson.

Revenue and Taxation-Donaldson, Johnson, Whitney, Adams, L. S. Hopkins.

Election-Whitney, Dempsey, Dukes, Martin, Hazell.

Judiciary-Adams, Wilson, Cheairs, McCullough, John· son.

Federal Relations-Dukes, L. S. Hopkins, McCoy.

Crimes and Punishments~Davis, Short, McCullough, 'l'aylor, Smith. 28

Accounts-Johnson, Hazell, Donaldson, Eliason, Thomp- son.

Claims-McCoy, Martin, Whitney, Hazell, Adams.

Constitutional Reform-Thompson, McCoy, J. H. Hop­ kins.

Agriculture-Taylor:, Adams, Short, Wilson, Whitney.

Municipal Corporations-Cheairs, Hazell, Eliason, Smith, Davis.

Fish, Oysters and Game-Eliason, J. H. Hopkins, Dukes, Thompson, McCullough.

Printing-Short, Dempsey, Eliason, Davis, Donaldson.

Revised Statutes-Hazell, Wilson, Dukes, Dempsey, Eliason.

Private Corporations-Smith, Dempsey, Taylor, Short, L. S. Hopkins.

Temperance-Wilson, L. S. Hopkins, Dukes.

Education-L. S. Hopkins, Smith, McCoy, Adams, Cheairs.

Enrolled Bills-Dempsey, McCullough, J. H. Hopkins, Martin, Thompson, Whitney, Davis, Short, Donaldson.

Appropriations-]. H. Hopkins, Smith, Adams, Johnson, Taylor.

Stationary and Supplies---McCullough, Johnson, Eliason, Cheairs, Thompson. 29

Miscellaneous Business-Martin, Wilson, Taylor, Dukes, Davis.

On motion of Mr. Dempsey, the Senate Joint resolution, entitled

"Senate Joint resolution authorizing the employment of counsel to draft laws and amendments,"

Was taken from the table,

And, on his further motion, was read.

Mr. Donaldson moved that the Joint resolution be laid on the table.

Which motion Prevailed.

On motion of Mr. Donaldson, the House Joint resolution, entitled

"Joint resolution appointing Joint Committee to confer in regard to procedure,"

Was taken from the table,

And, on his motion, was read.

Mr. Donaldson moved that the joint resolution be adopted.

On the question " Shall the Joint resolution be adopted?"

The yeas and nays were ordered, which, on being ·taken, were as follows :

Yeas-Messrs. Cheairs, Davis, Dempsey, Donaldson, Eliason, J. H. Hopkins, L. S. Hopkins, Johnson, Martin, 30

McCoy, McCullough, Short, Smith, Whitney, Mr. Speaker.- 16.

Nays-None.

The Joint resolution having received the required majority,

Was declared Adopted.

Ordered to the Senate for concurrence.

The Speaker appointed as Committee on the part 0£ the House in relation to the foregoing Joint resolution:

Messrs. Dempsey, Eliason, L. S. Hopkins, Hazell, John­ son, Whitney.

Mr. Doherty, Clerk of the Senate, being admitted, informed the House that the Senate had passed and requested the concurrence of the House in the following Senate Joint resolution, entitled

"Senate Joint resolution repealing Chapter 653, Vol. 20, Laws of Delaware,"

And presented same to the House.

On motion 0£ Mr. Dempsey, the foregoing Joint reso­ lution was read.

Mr. Dempsey moved that the Joint resolution be con­ curred in.

On the question '' Shalt the Joint resolution be concurred in?"

The yeas and nays were ordered, which, being taken, were"'1as follows : 31

Yeas-Cheairs, Davis, Dempsey, Donaldson, Eliason, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, Martin, McCoy, McCullough, Short, Smith, Whitney, Mr. Speaker. -16. Nays-None.

The Joint resolution, having received the required majority

Was declared Concurred in.

Ordered that the Senate be informed thereof, and the Joint resolution returned to that body.

On motion of Mr. Dempsey, the Senate Joint resolution, entitled

"Senate Joint resolution authorizing the employment of counsel to employ counsel to draft laws and amendments,''

Was taken from the table,

And, on his further motion, was read.

Mr. Dempsey offered amendment to the Joint resolution,

Which, on his motion, was read as follows:

HOUSE AMENDMENT TO SENATE,

Joint resolution authorizing the employment of counsel to draft laws and amendments.

Amend the Joint resolution by striking out all after the letter "A" in fifth line of said resolution, and insert in lieu thereof the following :

'' Committee of three on part of the House in regard to employing counsel to report the same to the General Assembly.'' 32

Also strike out the wotd " authorizing" in the· title of the Joint resolution, and insert the word "regarding."

And, on further motion of Mr. Dempsey, the amendment was adopted.

Mr. Dempsey moved that the Joint resolution as amended be concurred in.

On the question "Shall the Joint resolution be concurred in?"

The yeas and nays were ordered, which, on being taken, were as follows :

Yeas-Messrs. Cheairs, Davis, Dempsey, Eliason, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, Martin, McCoy, Smith, Whitney, Wilson, Mr. Speaker.-14.

Nays-None.

The Joint resolution having received the required majority,

Was declared Concurred in.

Ordered that the Senate be informed thereof, and the Joint resolution returned to that body.

The Speaker appointed as Committee on the part of the House, in relation to the foregoing Joint resolution:

Messrs. Dempsey, L. S. Hopkins, Johnson.

On motion the House adjourned until 3 o'clock P. M. 33

SAME DAY-3 o'clock P. M.

House met pursuant to adjournment.

Mr. Davis offered a resolution, which, on his motion, was read as follows :

Resolved, That the Clerk of the House be instructed to notify the newsdealers to deliver the newspapers on all days of the week except Saturday and Sunday, and that the House will not pay for papers delivered on Saturdays and Sundays, unless othenvise ordered.

And, on his further motion,

The resolution was Adopted.

Mr. Doherty, Clerk of the Senate, being admitted, informed the House that the Senate had concurred in the House amendment to Senate Joint resolution, entitled

'' Resolution regarding the employment of counsel to draft laws and amendments.''

Mr. Doherty, Clerk of the Senate, being admitted. informed the House that the Senate had adopted the following resolution : ·

"WHEREAS, This General Assembly did adjourn to meet on the eleventh day of January, 1898, for the purpose of mak­ ing such changes in the statutes of this State as are necessary to conform to the new Constitution. Therefore,

"Be it Resolved by the Senate, That it will not act upon any bill or measure, the purpose of which is not to adapt the Hs 34 statutory law of this State to the new Constitution, and the Clerk is hereby instructed to inform the House of Representa­ tives of the passage of this resolution; Provided, however, That this shall not apply to making any appropriation properly brought before this body."

Mr. Smith, in pursuance of previous notice and on motion of Mr. Dukes, obtained leave to introduce a bill (H. B. 466) entitled

"An act to provide for a stenographer and typewriter for the Governor and Secretary of State.''

Which, on motion of Mr. Smith, was read.

Mr. Dempsey, on behalf of the Special Joint Committee, appointed to confer with Senate in regards to securing counsel, presented the following report:

We, the Committee appointed pursuant to Senate Joint resolution in regard to selecting counsel, beg leave to report that we recommend the following attorneys :

William T. Lynam and Benjamin T. Nields, of New Castle County; John B. Pennington, of Kent County; and Ex-Judge Charles M. Cullen and Charles F. Richards, of Sussex County.

[Signed.] J. W. FENIMORE, Chairman, SAMUEL ALRICHS, THOMAS JOHNSON, CHAS. G. DEMPSEY, L. s. HOPKINS.

Mr. Hazell moved that the report be amended by striking out the name of Charles F. Richards.

Which Prevailed. 35 The report, as amended on motion, was adopted and the Committee discharged.

Mr. Cheairs offered a Joint resolution, entitled

"Joint resolution in relation to adjournment,"

Which, on his motion, was read, and, on his further motion, was adopted.

Ordered to the Senate for concurrence.

Mr. Doherty, Clerk of the Senate, being admitted, in­ formed the House that the Senate had non-concurred in the following House Joint resolution:

"Joint resolution in relation to adjournment,"

And returned the same to the House.

Also; that the Senate had adopted the report of the Com­ mittee concerning counsel.

On motion, the House adjourned until IO o'clock, A. M. Friday. FRIDAY, January 14, 1898-10 o'clo;,k, A. M.

House met pursuant to adjournment.

Prayer by the Rev. C. E. McClellan.

Roll called. Members present-Messrs. Adams, Davis, Dempsey, Cheairs, Donaldson, Elliason, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, McCoy, Short, Smith, Thompson, Whitney, Wilson, Mr. Speaker.

Journal read and approved.

On motion of Mr. Smith (H. B. 466) entitled

'' An Act to provide for a stenographer and typewriter for the Governor and Secretary of State.''

Was read second time by title, and on his further motion, was referred to the Committee on Miscellaneous Business. Mr. Johnson offered a Joint resolution, entitled

"Joint resolution in relation to the employment of coun· set." Which, on his motion, was read.

Mr. Johnson moved that the Joint resolution be adopted,

On the question, "Shall the Joint resolution be adopted?''

The yeas and nays were ordered, which, being taken, were as follows: 37 Yeas-Cheairs, Dempsey, Hazell, J. H. Hopkins, L. S. Hopkins, McCoy, Short, Smith, Thompson, Whitney, Wilson, Mr. Speaker-12.

Nays-None.

The Joint resolution having received the required ma­ jority,

Was declared Adopted.

Ordered to the Senate for concurrence.

Mr. Doherty, Clerk of the Senate, being admitted,· in· formed the House that the Senate had concurred in the fol· lowing House Joint resolution, entitled

"Joint resolution in relation to the employment of coun· sel,"

And returned the same to the House.

Mr. Donaldson gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

"An act in relation to the levying and collection of capi· tation tax.''

On motion, the House adjourned until 3 o'clock, P. M. SAME DAY-3 o'clo::>k, P. M.

House met pursuant to adjournment. Mr. Dempsey, on behalf of the Committee on Enrolled Bills reported as duely and correctly enrolled House Joint resolution, entitled !'Joint resolution in relation to the employment of coun­ sel." Mr. Doherty, Clerk of the Senate, being admitted in­ formed the House that the Senate had adopted and requested the concurrence of the House in the following Senate Joint resolution, entitled

"Joint resolution in regard to th;J appointment of a Joint Committee to settle with the State Treasurer and State Auditor." Committee on part of the Senate-Messrs. Pierce and W. T. Moore.

And presented the same to the House.

On motion of Mr. Cheairs, the Joint resolution was read. Mr. Short moved that the Joint resolution be postponed until Monday next. Which motion Prevailed.

Mr. Donaldson gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

'' An act proposing an amendment to the Constitution of this State.'' 39

Mr. Doherty, Clerk of the Senate, being admitted, pre­ sented to the House the following duly and correctly enrolled Senate Joint resolutions, the same having been signed by the Speaker of the Senate:

"Senate Joint resolution appointing a Joint Committee to wait upon the Governor and notify him of the reassembly."

"Senate Joint resolution repealing Chapter 653, Volume 20, Laws of Delaware."

Mr. Doherty, Clerk of the Senate, being admitted, re­ turned to the House the following House Joint resolution, duly and correctly enrolled and signed by both Speakers:

"Joint resolution in relation to the employment of coun­ sel,"

And returned the same to the House.

On motion, the House adjourned until ro o'clock, A. M. Monday next. MONDAY, January 17, 1898-10 o'clock, A. M.

House met pursuant to -edjournment.

Prayer by the Chaplain.

Roll called. Members present-Messrs. Davis, Dempsey, Cheairs, Donaldson, Dukes, Elliason, Hazel, J. H. Hopkins, D. S. Hopkins, Johnson, Martin, McCoy, McCullough, Smith, Taylor, Thompson, Whitney, Wilson, Mr. Speaker.

Journal read and approved.

Mr. Hazell, on behalf of the Special Committee rppointed to confer with the Governor and to notify attorneys of the General Assembly, reported as follows:

DOVER, January 17, 1898. Th;;, Committee to receive the Governor's message ap­ proving the Joint resolution, met here on Saturday, 15th inst., and received the same. It being favorable to the reso­ lution the Committee at once notified the Hon. J. B. Pening­ ton, Hon. Chas. F. Richardson and Hon. Wm. T. Lynam of their selection and requested them to meet the Legislature Monday morning, the 17th inst. The counsel are here in re­ sponse to same. B. A. HAZELL, Committee.

On motion of Mr. Elliason, the report was accepted and Committee discharged.

On motion of Mr. Speaker, the Senate Joint resolution, entitled 41

"Senate Joint resolution in regard to the appointment of a Joint Committee to settle with the State Treasurer and State Auditor,"

Was read.

Mr. Cheairs moved that the Joint resolution be concurred in.

On the question, "Shall the Joint resolution be con­ curred?''

The yeas and nays were ordered, which, on being taken, were as follows:

YEAS-Messrs. Cheairs, Davis, Dempsey, Donaldson, Dukes, Eliason, Hazell, J. H. Hopkins, L. S. Hopkins, John­ son, Smith, Taylor, Thompson, Whitney, Mr. Speaker-16.

NAYS-None.

The Joint resolution having received the required ma­ jority,

Was declared Concurred in.

Ordered that the Senate be informed thereof and the Joint resolution returned to that body.

The Speaker appointed as Committee on part of the House in relation to the foregoing Joint resolution, Messrs. Cheairs, Davis and Whitney.

Mr. Doherty, Clerk of the Senate, being admitted, pre­ sented .for the signature of the Speaker of the House the fol­ lowing, duly and correctly enrolled, House substitute for Senate Joint resolution, the same having been signed by the Speaker of the Senate, entitled H6 "House substitute for Senate Joint resolution in relation to adjournment.''

And presented the same to the House.

Mr Dempsey, on behalf of the Committee on Enrolled Bills, reported as duly and correctly enrolled Senate Joint resolution, entitled

"House substitute for Senate Joint resolution in relation to adjournment."

Mr. Hazell presented the following communication, which, on motion. was read:

To the Senate and House ef Representatives ef the State ef Delaware; We, the undersigned, appointed a Committee by a Joint resolution adopted by your honorable body to prepare such bills as are necessary to make the laws of the State conform to our present Constitution, have accepted the appointment, and are now present and subject to the order of the General As­ sembly made in that behalf. Very respectfully,

JOHN B. PENINGTON, CHARLES F. RICHARDS, w. T. LYMAN. Dover, January 17, 1898.

Mr. Dempsey moved that the Committee in regards to employing of counsel be instructed to report the name of Mr. E, R. Cochran, Jr., as assistant counsel and clerk to the counsel to revise the laws to suit the Constitution,

Which motion Prevailed. 43

On motion of Mr. Chairs, the petition of the "America Memorial Monument Association''

\Vas read,

And, on his further motion, was referred to the Commit­ tee on Miscellaneous Business.

On motion, the House adjourned until 3 o'clock, P. M.

SAME DAY-3 o'clock, P. M.

House met pursuant to adjourment.

Mr. Hazell moved that a committee of one be appointed on the part of the House to inform and invite the Senate to meet the House in joint session to consult and advise with the commission of attorneys employed by the General As· sembly.

Which motion Prevailed.

Mr. Hazell was appointed as said committee.

Mr. Hazell, on behalf of said committee, reported that he had informed the Senate, and they would shortly meet the House.

The members of the Senate appeared and took theit seats. 44

On motion, the two bodies resolved themselves into a Committee of the \Vhole-Mr. Hazell as Chairman.

Mr. Speaker moved that a committee of two on the part of the House, and one on the part of the Senate, be appointed to wait upon the commission of attorneys and inform them that the two bodies of the General Assembly would be pleased to meet and advise with them.

Which motion Prevailed.

Committee appointed-Messrs. Pierce, Davis, Eliason.

The committee appeared, and introduced to the General Assembly, Hon. John B. Penington, of Kent county; Hon. Chas. F. Richards, of Sussex county; Hon. Wm. T. Lynam, New Castle county the commission of counsel retained by the General Assembly.

On motion, the privilege of the floor was accorded to the commission of counsel to address the General Assembly.

The Committee of the Whole arose.

And the Senate retired to their Chamber.

Mr. Dempsey, on behalf of the Joint Committee on Coun­ sel, reported as follows:

"The Joint Committee in regards to counsel, beg leave to report that they have carried out the instructions, and recom­ mend E. R. Cochran, Jr., Attorney of the House, to act as Clerk to the attorneys that have been retained to revise the laws to suit the Constitution.'' J. W. F'EN'N'IMORE, ~- G. DEMPSEY, THOMAS J OHN'SON'' L. s. HOFKINS, 45

On motion, the report was accepted and the committee discharged.

Mr. Doherty, Clerk of the Senate, being admitted, informed the House that the Senate had passed and requested the concurrence of the House in the following Senate joint resolution:

"Joint resolution in relation to adjournment."

And presented the same to the House.

Mr. Johnson moved that the Clerk be instructed to inform the counsel retained by the General Assembly that it has also selected E. R. Cochran, Jr.to act as Secretary for the same.

Which motion Prevailed.

Mr. Martin, on behalf of the Committee on Miscellaneous

Business, to whom has been referred House bill No. 466, entitled

"An act to provide for a stenographer and type-writer for the Governor and Secretary of State,"

Reported the same back to the House favorably.

On motion of Mr. Smith, the House bill No. 4661 entitled

"An act to provide for a stenographer and type-writer for the Governor and Secretary of State.''

Was taken up for consideration, and, on his further motion, was read a third time, by paragraphs, in order to pass the House. On the question, "Shall this bill pass the House?"

The yeas and nays were ordered, which, being taken, were as follows:

Yeas-Messrs. Cheairs, Dempsey, Dukes, Eliason, Hazell, L. S. Hopkins, Johnson, Martin, McCoy, Smith, Thompson, Whitney, Mr. Speaker-13.

Nays-None.

So the question was decided in the affirmative, and the bill having received the required constitutional majority,

Passed the House.

Ordered to the Senate for concurrence.

Mr. Hazell offerred a joint resolution, entitled

"Joint resolution authorizing the appointment of a Joint Committee to settle with the Secretary of State, the Clerks of the Senate and House of Representatives,''

·which, on his motion,

Was read.

Mr. Hazell moved that the joint resolution be adopted.

On the question, ''Shall the joint resolution be adopted.''

The yeas and nays were ordered, which, on being taken, were as follows:

Yeas-Cheairs, Dempsey, Donaldson, Dukes, Eliason, Hazell, J. H. Hopkins, Johnson, Martin, McCoy, McCul­ lough, Smith, Thompson, Mr. Speaker-14. 47

Nays--None.

So the question was decided in the affirmative, and

The joint resolution, having received the required ma­ jority,

Was declared Adopted.

Ordered to the Senate for concurrence.

The Speaker appointed as committee on the part of the House, in relation to the foregoing joint resolution,

Messrs. Hazell, Donaldson and Thompson.

On motion of Mr. Cheairs, the Senate joint resolution, entitled

"Joint resolution in relation to adjournment,"

Was read.

Mr. Donaldson offered an amendment to the joint reso­ lution, which, on his motion, was read, as follows:

"Amend by striking out the words 'Wednesday, January 26,' and by inserting in lieu thereof the words 'Monday, Jan­ uary 24,' "

And, on the further motion of Mr. Donaldson, the amend ment was Adopted.

Mr. Cheairs moved that the joint resolution, as amended, be concurred in. On the question, "Shall the joint resolution be concurred in?''

The yeas and nays were ordered, which, on being taken, were as follows:

Yeas-Messrs. Cheairs, Donaldson, Dukes, Eliason, L. S. Hopkins, McCoy, McCullough, Smith, Thompson, Whitney, Mr. Speaker-Ir.

Nays-Messrs. Dempsey, J. H. Hopkins, Johnson, Wil­ son-4.

The joint resolution, as amended, having received the required majority,

Was declared Concurred in.

Ordered that the Senate be informed thereof and the joint resolution returned to that body.

Mr. McCullough offered a joint resolution, entitled

"Joint resolution in relation to stationery, etc., for the attorneys,

Which, on his motion, was read.

Mr. McCullough moved that the joint resolution be adopted.

On the question, "Shall the joint resolution be adopted?" the yeas and nays were ordered, which, on being taken, were as follows:

Yeas-Cheairs, Davis, Dempsey, Donaldson, Dukes, Eliason, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, 49

Martin, McCoy, McCullough, Smith, Thompson, Whituey, Mr. Speaker-17.

Nays-None.

So the question was decided in the affirmative, and

The joint resolution having received the required ma­ jority,

Was declared Adopted.

Ordered to the Senate for concurrence.

Mr. Dempsey moved that the House do now adjourn until ro o'clock, A. M. Thursday.

On which motion the yeas and nays were ordered, which, on being taken, were as follows:

Yeas-Messrs. Dempsey, J. H. Hopkins. Johnson, Wil­ son-4.

Nays-Messrs. Cheairs, Donaldson, Dukes, Eliason, L. S. Hopkins, Martin, McCoy, McCullough, Smith, Thompson, Whitney, Mr. Speaker-12.

And the motion was declared Lost.

Mr. Doherty, Clerk of the Senate, being admitted, informed the House that the Senate had concurred in the fol­ lowing House joint resolutions:

"Joint resolution in relation to stationery, etc., for the attorneys.''

"Joint resolution appointing joint committee to settle and audit accounts of the Secretary of State and the Clerks of the respective Houses.'' H7 50

Committee on part of Senate-Messrs. Pyle and J. M. C. Moore. Mr. Doherty, Clerk of the Senate, being admitted, in­ formed the House that the Senate had concurred in House amendment to Senate joint resolution, entitled

"Joint resolution in relation to adjournment."

On motion, the House adjourned until r I o'clock, A. M. Monday, January 24. SI

MONDAY, Jan. 24, 1898-ro o'clock, A. M.

House met pursuant to adjournment.

Prayer by the Rev. J. H. Beauchamp.

Roll called. Members present-Messrs. Davis, Dempsey, Donaldson, Eliason, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, Martin, McCoy, McCullough, Short, Taylor, Thomp­ son, Whitney, Wilson, Mr. Speaker.

Journal read and approved.

Mr. Donaldson, Chairman, on behalf of the Committee on Revenue and Taxation, stated that the committee would meet in the parlor of the State House at 2 o'clock, P. M.

Mr. Dempsey, on behalf of the Committee on· Enrolled Bills, reported as duly and correctly enrolled and ready for the signature of the Speaker, the following:

"Senate joint resolution appointing joint committee to wait upon the Governor and notify him of the re-assembly.''

Senate joint resolution.

Senate joint resolution, repealing Chap. 663, Vol. 20, Laws of Delaware.

Mr. Donaldson gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

"An act entitled 'An act for the permanent improvement of the Christiana river. ' " 52

Mr. Donaldson gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

"An act entitled 'An act for the better protection of trade.'''

Mr. Speaker gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

"An act to amend an act entitled 'An act to incorporate the town of Laurel, being Chap. 193, Vol. 17, Laws of Dela­ ware.'''

Mr. Dempsey gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

"An act entitled 'An act in relation to electric roads in New Castle county.' "

Mr. Doherty, Clerk of the Senate, being admitted, pre­ sented for the signature of the Speaker of the House the fol­ lowing duly and correctly enrolled Senate joint resolutions, the same having been signed by the Speaker of the Senate :

''Senate joint resolution regarding the employment of counsel to draft laws and amendments."

"Senate joint resolution in regard to the appointment of a joint committee to settle with the State Treasurer and State Auditor.''

On motion the House adjourned until 3 o'clock, P. M. 53

Same Day, 3 o'clock, P. M.

House met pursuant to aojournment.

Mr. Hazell gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

'' An act providing seals for the courts of this State.''

Mr. Hazell gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

'' An act to amend all acts of the General Assembly relat· ting to courts of justice and to conform them to the amended Constitution."

Mr. Hazell gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

"An act fixing the compensations of the Chancellor, Chief Justice and Associate Judges a11d repealing certain other acts.''

Mr. Hazel gave notice that on to·morrow or some future day he would ask leave to introduce a bill, entitled

'' An act providing for a clerk and service of process and orders of the Supreme Court."

Mr. Doherty, Clerk of the Senate, being admitted, presented for the signature of the Speaker of the House the following duly and correctly enrolled Senate joint resolutions, the same having been signed by the Speaker of the Senate : 54

Senate joint resolution, entitled

"Joint resolution in relation to adjournment."

On motion of Mr. Thompson Senate bill No. 224, entitled

"An act to amend to Chap. 225, Vol. 18, Laws of Dela­ ware, passed at Dover, April 20, 1887.

Was taken up for consideration, and, on his further motion, was read a third time, by paragraphs, in order to pass the House. On the question, ''Shall the bill pass the House?''

The yeas and nays were ordered, which, being taken, were as follows :

Yeas-Messrs. Davis, Dempsey, Eliason, Hazell J. H. Hopkins, L. S. Hopkins, Johnson, Martin, McCoy, McCul­ lough, Short, Thompson, Whitney, ·wilson, Mr. Speaker-rs.

Nays-None

So the question was decided in the affirmative, and the bill having received the required constitutional majority,

Passed the House.

Ordered that the Senate be informed thereof, and the bill returned to that body.

On motion of Mr. Short House bill 41 I, entitled

'' An act to amend Secs. 1 and 2 of Chap. 209, Vol. 20, Laws of Delaware.''

Was taken up for consideration. 55

On motion of Mr. Dempsey further consideration of the bill was postponed until Tuesday, at r r o'clock, A. M.

On motion the House adjourned until ro o'clock, A. M .. Tuesday. TUESDAY, Jan. 25, 1897-10 o'clock, A. M.

House met pursuant to adjournment.

Prayer by the Rev. J. H. Beauchamp.

Roll called. Members present-Messrs. Adams, Davis, Dempsey, Cheairs, Donaldson, Dukes, Eliason, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, Martin, McCoy, McCul­ lough, Short, Taylor, Thompson, Whitney, Wilson, Mr. Speaker.

J oumal read and approved.

Standing committee reports-None.

Mr. Donaldson, in pursuance of previous notice, asked, and on motion of Mr. McCoy obtained, leave to introduce a bill (House bill No. 467) entitled

'' An act fol the better protection of trade.''

Which on motion of Mr. Donaldson, was read.

On the further motion of Mr. Donaldson, Rule 12 was suspended as to this bill.

And on his further motion the bill was read a second time by title and referred to the Committee on Revenue and Taxation. 57

Mr. Speaker, in pursuance of previous notice, asked, and on motion of Mr. Johnson obtained, leave to introduce a bill (House bill 468) entitled

"An act to incorpon1te the town of Laurel, being Chap. 193, Vol. 17, Laws of Delaware."

Which on motion of Mr. Speaker, was reacl.

On the further motion of Mr. Speaker Rule r 2 was sus­ pended as to this bill.

And on his further motion the bill was read a second time by title and referred to the Committee on Municipal Cor­ porations.

Mr. Hazell, in pursuance of previous notice, asked, and on motion of Mr. Martin obtained, leave to introduce a hill (House bill 469) entitled

"An act to amend all acts of the General Assembly relat­ ting to courts of justice and to conform them to the amended Constitution.

Which on motion of Mr. Hazell was read.

Mr. Hazell gave notice that on to-morrow or some future day, he would ask leave to introduce a bill, entitled

"An act to amend an act entitled 'An act to regulate the business of pawn brokers and junk dealers within New Castle county.' And to re-enact the provisions of said act."

Mr. McCullough, gave notice that, on to-morrow or some future day, he would ask leave to introduce a bill, entitled

"An act to incorporate the town of Marshallton." HS 58

Mr. Donaldson gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

"An act providing for the public safety at the P., \V. &. B. Railroad crossing at Stanton station."

Mr. Wilson gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

"An act to amend Chap. 464, Vol. 20, Laws of Dela­ ware."

Mr. Wilson gave notice that on to-morrow or some future day he would ask leave to introduce a bill; entitled

'' An act to change the name of William Bonnar to the name of William Stuart, &c.''

Mr. Hazell, in pursuance of previous notice, asked, and on motion of Mr. Dukes, obtained leave to introduce a bill (House bill 470) entitled

'' An act providing seals for the courts of this State.''

Which, on motion of Mr. Hazell, was read.

Mr. Hazell, in pursuance of previous notice, asked, and on motion of Mr. Cheairs, obtained leave to introduce a bill (House bill 471) entitled

'' An act providing for a clerk and service of process and orders of the Supreme Court.''

\Vhich, on motion of Mr. Hazell, was read.

Order of the day (House bill 41 r) entitled

"An act to amend Sec, r and 2 of Chap. 209, Vol. 20, Laws of Delaware." 59 ,vas taken up for consideration.

Mr. Donaldson moved that further consideration of this be indefinitely postponed.

\Vhich motion Prevailed.

Mr. Dempsey moved that the Con1mittee on Rules take t,p the consideration of Rule 15 and report to this body.

\Vhich motion Prevai'led.

On motion the House adjorttrted until 2 o'clock, P. M.

SAMii: Ihv, 2 o'ciock, P. ~t

House h1et pursuant to adjournment.

Mr. Cheairs, on behalt of the Co111mittee oh Munl.cipa1 Corporations, to whom had been referred the House bill No, 468. entitled

. '' An act to amend an act erttitled 'An act to incorporate the town of Laurel, being Chap. 193, Vol. 17; Laws of Dela· ware.' "

Reported the same ba~k to the House favorably, 60

Mr. J. H. Hopkins, on behalf of the Committee on Rules, to whom had been referred the subject of revision of Rule rs of House Rules, reported as follows:

''The Committee on Rules, to whom was referred the question of making some amendments to Rule rs, beg leave to report that, after a careful consideration, they think it unwise to make any change at this time. "It B. RIGGIN, "D. K. DONALDSON, "J. H. HOPKINS, '' Committtee. ''

On the further motion of Mr. Hopkins the report was adopted.

On motion of Mr. Speaker Rule 12 was suspended and House bill 468, entitled

"An act to amend an act, entitled 'An act to incorporate the town of Laurel, being Chap. 193, Vol. 17, Laws of Dela· ware.'''

Was taken up for consideration, and, on his further motion, was read a third time, by paragraphs, in order to pass the House.

On the question, "Shall the bill pass the House?"

'l'he yeas and nays were ordered, which, being taken, were as follows:

Yeas~Messrs. Cheairs, Davis, Dempsey, Dukes, Eliason. Hazell. J. H. Hopkins, L. S. Hopkins, Johnson, Martin, McCoy, McCullough, Whitney, Mr. Speaker-14.

Nays-None. 61

So the question ·was decided in the affirmative, and the bill having received the required constitutional majority,

Passed the House.

Ordered to the Senate for concurrence,

On motion, the House adjourned until ro o'clock, A. M., Wednesday. \VED:\"ESDAY, Jan. 26, 1898-10 o'clock, A. M.

Honse met pursuant to adjournment.

Prayer by the Rev. J. H. Beauchamp.

Roll called. Members present-Messrs. Adams, Davis, Dempsey, Cheairs, Donaldson, Dukes, Eliason, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson Martin, McCullough, Short, Thompson, Whitney, Wilson, Mr. Speaker.

Journal read and approved.

Standing Committee reports-None.

Mr. Johnson moved that a committee of three be appointed to call upon the commission of attorneys selected by the Gen­ eral Assembly and to ascertain from them what progress they have made in the work assigned them and if they have any snggestions to make to the General Assembly in reference thereto.

\Vhich motion Prevaz'led.

The Speaker appointed as said committee Messrs. John· son, Adams, Dempsey.

On motion, the House adjourned until 2 o'clock, P. M. SAME DAY-2 o'clock, P. M.

House met pursuant to adjournment.

Mr. Johnson, on behalf of the committee appointed t:) confer with the commission of attorneys, reported as follows:

"Your committee appointed to interview the commission of attorneys selected by joint resolution, beg leave to report.

''That they have called upon the attorneys, and they stated that they have a judiciary bill ready and ask that the judiciary committee call upon the attorneys in reference to said bill.

''The counsel also stated that after a thorough interchange of views with each other they are of the opinion th::i.t it is 2.11 utter impossibility for said attorneys to perform all the work necessury in less than four months.

"The attorneys also suggested to yot,r committee two modes of expediting the work, namely: to enlarge the present commission of attorneys, or that each committee requiring the same select other counsel and the work of said counsel referred to the present commission of attorneys for their approval er rejection. ''THOMAS JOHNSON, "C. l\I. ADAMS, "C. G. DEMPSEY."

Mr. Wilson, in pursuance of previous notice, asked, and, on motion of Mr. Whitney, obtained leave to introduce a bill (House bill No. 472), entitled

"An act to change the name of William Bonnar to the name of William Stuart, and to make him, by adoption, a son and heir-at-law of Truston M. Stuart, of Dover, Kent county, and the State of Delaware,"

Which, on motion of Mr. Wilson. was read.

Mr. Dempsey gave notice that on to-morrow or some future clay he would ask leave to introduce a bill, entitled

"An act in relation to granting inferior courts additional jurisdiction."

On motion of Mr. Hazell, the House bill 469, entitled

"An act to amend all acts of the General Assembly relat­ ing to courts of justice and to conform them to the amended Constitution,''

Was read a second time, by its title, and, on his further motion, was referred to the Committee on Revised Statutes.

On motion of Mr. Hazell, the House bill No. 470, enti­ tled

"An act providing seals for the courts of this State,"

Was read a second time, by its title, and, on his further motion, was referred to the Committee on Revised Statutes.

On motion of Mr. Hazell, the House bill No. 471, enti­ tled

'' An act providing for a Clerk and service process and orders of the Supreme Court,''

Was read a second time, by its title, and, on his further motion, was referred to the Committee on Revised Statutes. Mr. Hazell, in pursuance of previous notice, asked, and, on motion of Mr. Eliason, obtained leave to introduce a bill (House bill No 473), entitled

"An act to amend an act entitled 'An act to regulate the business of pawnbrokers and junk dealers within New Castle county and re-enact the provisions of said act,' ''

Which, on motion of Mr. Hazell, was read.

Mr. Doherty, Clerk of the Senate, being admitted, pre­ sented for the signature of the Speaker of the House the fol­ lowing duly and correctly enrolled Senate bills, the same having been signed by the Speaker of the Senate:

Senate bill No. 224, entitled

"An act to amend Chap. 225, Vol. 18, Laws of Delaware, passed at Dover, April 20, 1897.

Mr. Doherty, Clerk of the Senate, being admitted, in­ formed the House that the Senate had concurred in the fol­ lowing House bill No. 466, entitled

"An act to provide for a stenographer and type-writer for the Governor and Secretary of State.'·

Also that the Senate had adopted and asked the concur­ rence of the House in the following Senate joint resolution:

Senate joint resolution, entitled

''Senate joint resolution providing for the appointment of attorneys,"

And presented the same to. the House. H9 66

Mr. Donaldson, in pursuance of previous notice, asked, and, on motion of Mr. Johnson, obtained leave to introduce a bill (House bill No. 474), entitled

"An act providing for the public safety at the P., W. & B. R. R. crossing at Stanton Station,"

Which, on motion of Mr. Donaldson, was read.

Mr. Adams, in pursuance of previous notice, asked, and, on motion of Mr. Martin, obtained leave to introduce a bill (House bill No. 475), entitled

'' An act fixing the compensation of the Chancellor, Chief Justice and Associate Judges, and repealing certain other acts,''

Which, on motion of Mr. Adams, was read.

On motion of Mr. Short, the Senate joint resolution, entitled

"Senate joint resolution, providing for the appointment of attorneys,''

Was read.

Mr. Short moved to amend the resolution by striking out "the preamble," and also the word "therefore" in the enact­ ing clause.

Mr. Hazell moved that further consideration of the joint resolution and amendment, be postponed until Thursday, at II o'clock, A. M.

Which motion Prevailed.

On motion, the House adjourned. THURSDAY, Jan. 27, 1897-n o'clock, A. M.

House met pursuant to adjournment.

Prayer by the Rev. Dr. A. D. Melvin, President of the Maryland Annual Conference of the M. P. Church.

Roll called. Members present-Messrs. Adams, Davis, Dempsey, Cheairs, Donaldson, Dukes, Eliason, Hazell, J. H. Hopkins, Johnson, Martin, McCoy, Short, Smith, Taylor, Thompson, Whitney, Wilson, Mr. Speaker.

Journal read and approved.

Mr. Dempsey gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

'' An act to provide for the registration of v~ters.''

Mr. Donaldson, in pursuance of previous notice, asked, and on motion of Mr. Wilson obtained, leave to introduce a bill (House bill No. 476) entitled

"An act in relation to trading stamps."

Which, on motion of Mr. Donaldson, was read.

And, on his further motion, Rule 12 was suspended as to this bill, and the bill was read a second by title and referred to Committee on Revenue and Taxation. 68

On motion of Mr. Hazell, the House bill No. 473, entitled

"An act to amend an act entitled 'An act to regulate the business of pawn brokers and junk dealers within New Castle county'' and to re-enact the provisions of said act.

Was read a second time, by its title, and on his further motion was referred to the Committee on Revised Statutes.

Order of the day.

Senate joint resolution, entitled

"Senate joint resolution providing for the appointment of attorneys," was taken up for consideration.

The motion to strike out the "preamble" of said resolu­ tion, also the word ''therefore'' in the enacting clause pending

And the motion Prevailed.

Mr. Adams offered a substitute for the joint resolution.

Which, on his motion, was read.

Mr. Johnson moved that the substitute be adopted.

On the question, "Shall the substitute be adopted?"

The yeas and nays were ordered, which, on being taken, were as follows :

Yeas-Messrs. Adams, Dempsey, Duks, J. H. Hopkins, Johnson, Martin, Wilson, Mr. Speaker-8.

Nays-Messrs. Donaldson, L. S. Hopkins, McCoy, Short, Smith, Taylor, Thompson-7. So the question was decided in the negative, and the sub­ stitute

Was declared Lost.

Mr. Donaldson moved that the original Senate joint reso­ lution as amended be concurred in.

On the question ''Shall the amended joint resolution be concurred in?"

The yeas and nays were ordered, which, being taken, were as follows :

Yeas-Messrs. Donaldson, L. S. Hopkins, Short, Smith, Taylor, Mr. Speaker-6.

Nays-Messrs. Adams, Dempsey, Dukes, J. H. Hopkins, Johnson, Martin, McCoy-7.

So the question was decided in the negative, and the joint resolution not having received the required majority,

Was declared Lost.

Ordered that the Senate be informed thereof and the joint resolution returned to that body.

On motion, the House adjourned until 3 o'clock, P. M. SAME DAY, 3 o'clock, P. M.

House met pursuant to adjournment.

Mr. Hazell offered a joint resolution, entitled

"Joint resolution authorizing the Governor to pay to the State Treasurer certain moneys in his hands belonging to the Direct Tax Fund.

Which, on his motion, was read.

Mr. Hazell moved that the joint resolution be adopted.

On the question "Shall the joint resolution be adopted?"

The yeas and nays were ordered, which, on being taken were as follows :

Yeas-Cheairs, Davis, Dembsey, Donaldson, Dukes, Eliason, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, Martin, McCoy, Short, Smith, Taylor, Thompson, Whitney, Wilson; Mr. Speaker-19.

Nays-None.

The joint resolution, having received the required ma­ jority,

Was declared Adopted.

Ordered to the Senate for concurrence.

Mr. Dempsey, in pursuance of previous notice, asked, and on motion of Mr. McCoy obtained, leave to introduce a bill (House bill No. 477), entitled 71

'' An act in relation to railway companies doing business in this State.

Which, on motion of Mr. Dempsey, was read.

On motion of Mr. Wilson, the House bill No. 475, entitled

'' An act to change the name of William Bonnar to the name of "\Villiam Stuart and to make him, by adoption, a son and heir-at-law of Juston M. Stuart of Dover, Kent county, and the State of Delaware.

Was read a second time, by its title, and on his further motion was referred to the Committee on Miscellaneous Busi­ ness.

Mr. Cheairs gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

A further additional supplement to an act entitled "An additional supplement to an act entitled 'An act for the better regulation of the streets of Delaware City and for other pur­ poses.'''

Mr. Donaldson gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

"An act to amend an act, entitled 'An act concurring original bills, resolutions, petitions, &c., being Chap. 35, Vol. 17, Laws of Delaware.'"

Mr. Donaldson offered a joint resolution, entitled

"Joint resolution in relation to adjournment."

Which, on his motion, was read.

And on his further motion was Adopted. 72

Ordered to the Senate for concurrence.

Mr. Adams, on behalf of the Committee on Judiciary, to whom had been referred the House bill No. 475, entitled

"An act fixing the compensation of the Chancellor, Chief Justice and Associate Judges and repealing certain other acts."

Reported the same back to the Hou;;e favorably.

Mr. J. H. Hopkins gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

"An act appropriating certain money for incidental ex­ pense fund of the State."

Mr. Doherty, Clerk of the Senate, being admitted, m­ formed the House that the Senate had concurred in the following resolution :

"Joint resolution in relation to adjournment."

And returned the same to the House.

On motion, the House adjourned until 10 o'clock, A, M., Monday, January 31. 73

MONDAY, Jan. 31, 1898-10 o'clock, 1\. M.

House met pursuant to adjournment.

Prayer by the Chaplain.

Roll called. Members present-Messrs. Cheairs, Davis. Dempsey, Donaldson, Eliason, Hazell, J. H. Hopkins, John­ son, Martin, McCoy, McCullough, Short, Smith, Thompson, \Vhitney, 'Wilson, Mr. Speaker.

Journal read and approved.

Standing Committee reports-None.

Mr. Short moved that House bill 47 5, entitled

"An act fixing the compensation of the Chancellor, Chief Justice and Associate Judges, and repealing certain other acts,''

Be referred back to the committee,

Which moti011 Prevailed.

On motion of Mr. Dempsey, the House bill 477, entitled

"An act in relation to railway companies doing business in this State,"

Was read a second time, by its title, and, on his further motion, was referred to the Committee on Revenue and Tax­ ation. Hrn 74 Mr. Hazell, on behalf of the Commiitee on Revised Statutes, to whom had been referred the House bill No. 469, entitled "An act to amend all acts of the General Assembly relat­ ing to courts of justice and to conform them to the amended Constitution. Reported the same back to the House favorably.

Mr. Hazell, on behalf of the Committee on Revised Statutes, to whom had been referred the House bill No. 470, 470, entitled "An act providing seals for the courts of this State."

Reported the same back to the House favorably.

On motion of Mr. Hazell, the bill (House bill 469) entitled "An act to amend all acts of the General Assembly alter- ing to courts of justice and to conform them to the amended Constitution,'' Was taken up for consideration, and, on his further motion, was read a third time, by paragraphs, in order to pass the House.

On the question, ''Shall the bill pass the House?

'!'he yeas and nays were ordered, which, being taken, were as follows:

Yeas-Messrs. Cheairs, Davis, Dempsey, Eliason, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, McCoy, Smith, Thompson, Whitney, Wilson, Mr. Speaker-14.

Nays-None. 75

So the question was decided in the affinnative, and the bill, having received the required constitutional majority,

Passed ihe Hl{)use.

Ordered to the Senate for concurrence.

On motion of Mr. Hazell, the bill (House bill No. 470), entitled

"An act providing seals for the courts of this State,"

Was taken up for consideration, and, on his further motion, was read a third time, by paragraphs, in order to pass the House.

On the question, "Shall the bill pass the House?"

The yeas and nays were ordered, which, being taken, were as follows:

Yeas-Messrs. Cheairs, Davis, Dempsey, Eliason, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, McCoy, Smith, Thompson, Whitney, \Vilson, Mr. Speaker-14.

Nays-None.

So the question was decided in the affirmative, and, the bill having received the required constitutional majority,

Passed the House.

Ordered to the Senate for concurrence.

Mr. Hazell, on behalf of the Committee on Revised Statutes, to whom had been referred the House bill No. 471, entitled,

'' An act proAiding for a Clerk and service of process, and orders of the Suprem;} Court,'' Reported the same back to the House favorably.

On motion of Mr. Hazell, the bill (House bill No. 471), entitled

'' An act providing for a Clerk and service of process, and orders of the Supreme Court,"

Was taken up for consideration, and, on his further motion, was read a third time, by paragraphs, in order to pass the House.

On the question, ''Shall the bill pass the House?''

The yeas and nays were ordered, which, being taken, were as follows:

Yeas-Messrs. Cheairs, Davis, Dempsey, Eliason, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, McCoy, Smith, Thompson, "Whitney, Wilson, Mr. Speaker-14.

Nays-None.

So the question was decided in the affirmative, and, the bill having received the required constitutional majority,

Passed in House.

Ordered to the Senate for concurrence.

Mr. Hazell offered a joint resolution, entitled

"Joint resolution authorizing the State Treasurer to pay Garrison Brothers for repairing portrait of Washington/'

Which, on his motion, was read. 77

Mr. Hazell presented the following communication in regards to the painting of General Washington,

Which, on motion, was read and ordered inserted in the Journal:

''I went to Dover last night and am glad to report to you that I was able to obtain some information regarding the Washingtt>n portrait. I found that on January 10, 1800, the State Senate passed a resolution authorizing the Governor, Richard Bassett, to procure a life-sized portrait of General Washington. I could not ascertain who painted the portrait, but the Governor doubtless gave the order, and it required some time for the portrait to be finished. Under date of Jan­ uary 28, 1803, the State Treasurer was authorized to pay the Governor five hundred and eight dollars ($508.00) for expenses incurred in procuring the portrait, and two years later an item of nineteen dollars ($19.00) was allowed the S~cretary of State for freight and portage on the portrait. These facts establish my theory that the portrait was the outcome of the feeling of loyalty and regard for Washington that was felt throughout the United States at the time of his death. I think possibly that I can ascertain by whom the portrait vms painted, and if I do, will inform you."

Since writing you yesterday I have ascertained that the Washington portrait was painted by Denis A. Volozan (I think a Philadelphia artist of no particular reputation), and it was delivered at the State House in December, 1802.

The price paid for the portrait was...... $400 oo For the frame...... 93 oo For freight, portage, etc ...... 20 03

Total cost ...... $513 03

The whole history, as I have found it, will appear in Monday's Evening Journal. Yours, HENRY c. CONRAD. The history referred to is as follows :

'' The proceedings of the State Senate show that on Friday, Jaimary ro, 1800, Governor Richard Bassett deliverec1 an address to the General Assembly, and, in the opening of his address, made the following eloquent allusion to the death of General George \Vashington, which had occnred a month previous: "You have by the permission of the Divine Providence, agreeably to the constitutional day, :ii.Signed for the annual meeting of the Legislature assembled, and it be­ comes my duty to lay before you such subjects as appear to me demand your present attention. Before I enter upon this duty, distressing as the thought may be, permit me to take notice of the irreparable loss the United States have lately sustained; yes, Washington, the friend of mankind, the greatly beloved George Washington, late president, and commander­ in-chief of the armies of the United States, is no more ! He is dead ! Will' not the Legislature of the State of Delaware with me drop a tear before Heaven's King expressive of the sense of the loss sustained and the affection we had for the greatest character, either 'the ancient or modern world ever produced? Yes, methinks I now see your hearts melting, your eyes filling, and hear your tongues declare we will not only drop a tear with you, but before we rise, by legislative testimonial, prove to the world how much we love and admire the man ·who was not only truly wise in council, but great in the field-glory to God! We trust our loss is his infinite gain. He died as he lived. Washington lives forever; and will he not continue to live in the heart of every true American who has, or shall, read or hear his wise, weighty, humble affectionate and most solemn address to the American people at the time he withdrew from the presidency of the United States? Yes, he must; he will. He let me stop-and awful silence best becomes me-abler pens and far more inlarged minds having failed in describing the worth of that excellent man. I have thought proper to recommend to the civil, as well as the military officers of the state, upon the melancholy occasion to wear mourning for three months, which I trust will meet your approbation, and also that of the citizens of the State.' 79

"Upon the conclusion of the governor's address John Vining, a member of the Senate from Kent County, offered the following resolutions, which, on his motion. seconded by Isaac Grantham, a member of New Castle County, was unanimously adopted :

'' 'Resolved, That the Senate and House of Representa­ tives of the State of Delaware, in General Assembly met, penetrated with grief and impressed with the deepest sense of sorrow, in consequence of the eventful and ever to be lamented death of the late illustrious chief and friend of America, General George Washington, deem it an indispensable. duty upon the melancholy occasion, to add to the courage of the nation at large, and to the sympathy of the world, their grate­ ful tribute of condolence and respect.

'' ' Resolved, That in commemoration of the afflicting event an elegant and full portrait, large as the life, with suit­ able devices and suitable motto, bearing the resemblance of this first of heroes and greatest of men, be produced at the expense of the State as soon as it conveniently can be done.

" 'Resolved, That his excellency, the Governor of the State, be requested to have the foregoing resolutions carried into effect; and that the portrait be placed where the Legis­ lature shall direct.'

" The resolutions were sent the same day to the House of Representatives for concurrence and a week later Caesar A. Rodney, a member of the House from New Castle County, called up the resolutions for action. The resolutions being read, it was moved by Jacob Wolf, of Sussex County, seconded by Samuel Paynter, of the same county, that the resolutions now before the House be disagreed to, and the following be adopted, to wit:

"WHEREAS, The Legislature of this State think it proper that the memory of our beloved friend, General George Washington, be perpetuated to the latest posterity ; that a So

portrait of this great character be procured. But as the com­ pelling of his enemies to contribute would be inconsistent with the spirit of liberty and freedom, which always actuated the breast of that illustrious hero and best of men; therefore

'• 'Resolved That each member of the Senate and House of Representatives of this State subscribe each a sum not ex­ ceeding $20 to accomplish the desirable effect above mentioned; or, if other persons choose to contribute thereto, their volun­ tary subscriptions will be received,'

• 'On motion of Mr. Rodney these resolutions were post­ poned, and, after an ineffectual attempt on the part of the House to limit the sum that should be expended to $400, the resolutions of the Senate were concurred in. On Mr. Rodney's further motion, seconded by William Warner, of Kent county, the following additional resolution was adopted by the House:

" 'Resolved, That the members of the General Assembly will, during the continuance of the present session, wear black on the left arm as a mark of condolence and respect for the deceased hero, General Washington.'

''This latter resolution was on the same day submitted to the Senate and concurred in by a unanimous vote.

•'Richard Bassett resigned the governorship in March, l8or, to accept the position of Chief Justice of the United States Circuit Court, to which he had been appointed by President Adams, and James Sykes, Speaker of the Senate, became the acting Governor and served until January 19, 1802, when David Hall was inaugurated as Governor, having been elected Ly the people in the November preceding. Hall's majority over Nathaniel Mitchell, his opponent, was only eighteen votes in the State.

In the address made by Governor Hall to the General Assembly in January, 1803, he says: 81

'' 'In compliance with a resolution of the General Assembly of the tenth and sixteenth of January, 1800, I have procured a fu !1-length portrait, large as life, of our late illustrious friend and fellow-citizen, General George Washington. In carrying into effect this resolution I engaged an artist, who was recommended to me as competent to perform the interest­ ing, but arduous task. However, gentlemen, as the portrait is before your eyes, yon can judge, who have seen him, how. far it represents the personal appearance of the great original.'

"On January 19, r8o:;, John Fisher, the Secretary of S"tate, laid before the House a brief message from the Gov­ ernor, and accompanying papers, in relation to the portrait of Washington. These show that the portrait was made hy a Mr. Yolozan at a cost of $400; that the frame was made b:t a Mr. Bauday at a cost of $9:;, and there was an additional charge of$r5 for packing, postage, etc., making a total cost of $508.

"There was some ohjecHon to the payment of the bill on the ground that the expenditure was extravagant, but the committee stood upon the ground that the Governor had been given 'unlimited authority' in the matter, and by a vote of 12 to 7 the bill was allowed, and afterwards conct1rred in hy the Senate. Two years later John Fisher, late Secretary of State, presented his claim to the General Assembly for a balance due him of $19.53, and among the claims were the follmving: 1802, December 24, to freight for the portrait of Washington, $1.50; to bringing portrait from landing to Dover, $3.33; to postage of two letters from Volozan advising the arrival of same, 20 cents.

"This fully establishes the fact that the portrait wa~ painted by Volozan, that it cost, entire, $5r3.03, and that it reached Dover December, 1802. It hung in the hall of the House of Representatives until the changes were made in the interior of the Capitol in 1873, and since that time has graced the walls of the main stairway. It has recently been re­ touched and the frame regilded, and in a few days will be replaced in its old position." Hu 82

On-the question, "Shall the joint resolution be adopted?"

The yeas and nays were ordered, which, being taken, were as follows:

Yeas-Messrs. Cheairs, Davis, Dempsey, Eliason, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, McCoy, Short, Smith, Thompson, Whitney, Wilson, Mr. Speaker-15.

Nays-None.

So the question was decided in the affirmative, and the joint resolution, having received the required constitutional majority,

Was declared Adopted.

Ordered to the Senate for concurrence.

Mr. Hazell moved that a vote of thanks be accorded· to Hon. Henry C. Conrad for his valuable services in securing the past history of the painting of General Washington.

Which motion Prevailfd.

On motion, the House adjourned until 3 o'clock, P. M. Same Day-3 o'clock, P. M.

House met pursuant to adjournment.

Mr. Donaldson, in pursuance of previous· notice, asked, and, on motion of Mr. McCoy, obtained leave to introduce a bill (House bill No. 478), entitled

"An act in relation to the levying and collection of capi­ tation tax,''

Which, on motion .of Mr. Donaldson, was read,

And, on his further. ~otion, Rule 12 was suspended as to this bill, and the bill was read a second time, by title, and referred to the Committee on Revenue and Taxation.

Mr. Wilson gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

'' An ~ct to establish and maintain a State Board of Agri: culture and define its powers and duties."

Mr. Donaldson gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

"An act in relation to limitations.''

Mr. Donaldson gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

'' An act to provide for the registration of voters in the City ot Wilmington, in conformity with· the amended Consti­ tution.'' :VIr. !)0]1erty, Clerk of the Senate, being admitted, in­ formed tlie Honse that the Senate had passed and requested th<:' co11c11rrence of the House in the following Senate joint resolution, entitled

"Joint resolution to expedite business,"

And presented same to the House.

On motion of Mr. Cheairs, the foregoing joint resolution was read.

Mr. Donaldson moved that the joint resolution be laid over and be made a special order for to-morrow at 1 r o'clock, A.M.

On which motion the yeas and nays were ordered, which, being taken, were as follows:

Yeas-Messrs. Cheairs, Davis, Dotialdson, Johnson, Mc­ Coy, McCullough, Thompson, Mr. Speaker-8.

. Nays-Messrs. Dempsey, J. H. Hopkins, L. S. Hopkins, Short, Smith, Wilson-6.

So the question was decided in the affirmative, and the joint resolution was declared laid over.

Mr. \Vjlson in pursuance of previous notice, asked, and, on motion of Mr. Johnson, obtained leave to introduce a bill (House bill No. 479, entitled

·'An act to amend Chap. 464, Vol. 20, Laws of Dela- ware,''

\\'hich, on motion of Mr. Wilson, was read. On the .further motion of .Mr. Wilson, Rule 12 was sus­ pended as to this bill, and the bill

Was read a second time, by its title, and was referred to the Committee on Fish, Oyster:.. and Game. Mr. Short gave notice that on to-morrow or some .future day he would ask leave to introduce a bill, entitled "An act to amend an act entitled 'Au act for the protec~ tion and preservation of Game and Game Fish,'' being Chap. 307, Vol. 17, Laws of Delaware. Mr. Doherty, Clerk of the Senate, being admitted, i11- formed the House that the Senate had concurred in the follow­ ing House joint resolution, entitled

"Joint resolution authorizing the Governor fo pay to the State Treasurer certain moneys in his hands belonging to the Direct Tax Fund.'' House joint resolution, entitled "Joint resolution authorizing the State Treasurer to pay to Garrison Brothers for repairing portrait of Washington,

With amendment, and returned the same to the House.

On motion of Mr. L. H. Hopkins, the Senate amendment was read as follows: Senate amendment: Amend resolution by inserting the words ''B. A. Hazell for" between the word "to," and the word "Garrison" in 1;))e second line thereof. Extract from Jottmal. For concurrence. StMON P. DotiltR'I'V, January 31, 1898.. Clerk ef Senate. 86

,.. On the question, "Shall the amendment be concurred in?"

The yeas and nays were ordered, which, on being taken, were as follows :

Yeas-Messrs. Cheairs, Davis, Dempsey, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, Short, Smith, Thompson, Whitney, Wilson, Mr. Speaker-13.

Nays-None.

So the question was decided in the affirmative, and, the amendment having received the required constitutional majority,

Was declared Concurred in. ., Ordered that the Senate be informed thereof.

On motion the House adjourned until ro o'clock, A. M. Tuesday. TUESDAY, Feb. 1, 1898...... 10 o'clGck, A. M.

House met pursuant to adjournment.

Prayer by the Chaplain.

Roll called. Members present-Messrs. Adams, ·Davis, Dempsey, Cheairs, Donaldson, Dukes, Eliason, Hazell, J. H. Hopkins,· L. S. Hopkins, Johnson, Martin, Short, Smith, Taylor, Thompson, Whitney, Wilson, Mr. Speaker.

Journal read and approved.

Standing Committee Reports-None.

Mr. Speaker presented a communication which, on his motion, was read as follows:·

To the Legislature ef Delazpare :

GENTLEMEN: ... At a meeting of the Peninsaia Canned Goods Association held in Dover, Del., January 27, 1898, I was instructed to transmit to your Honorable body the following resolution :

Resolved, That the Peninsula Canned Goods Association respectfully urges upon the Legislatures of the States of Dela­ ware and Maryland the necessity of the enactment of such laws as will promptly and effectively stamp ou.t the San Jose Scale, which is working such terrible destruction among fruit and other trees. Very Respectfully, C. M. DASHIEL, Secretary. 88

Special order for Ir o'clock, A. M.

Senate joint resolution, entitled

"Joint resoh1tio1;.to expedite husine:ss.' ·

\Vas taken np for consideration.

Mr. Dempsey offered a substitute for tbe joint 1°esol11hllU which, on his motion. \\'as read.

On the question "Shall the substitute for the joint reso,. lution be adopted?"

The veas and IW\'S ,n·re ordered, \\·hil'h. on hci11g- taken, were as f/illows : ·

Yeas-Messrs. Dempsey, Donnldson, J. H. Ho1,ki11:-:. L. S. Hopkins, Short. Smith. 'l'aylor. \\'hit11ey, \'Vibon, :\Ir. Speaker--ro.

Nays-Messrs. Eliason, Ma-rtin-2.

So the question was decided in the negative, and the sub­ stitute for the joint resolution not h,ffill~ rereived the required constitutional majority,

Was declared Lost.

Mr. Donalclso11 offered afl awendment to the original Senate joint resolution.

Which, on his motion, was read, as follows:

"Amendment to Senate joint re..;olution, entitled 'Senate joint resolution to expedite business.' '' 89

"Amend by inserting after the figures '1 897' in the eleventh line and before the word 'provided' in the thirteenth line the following :

"And such new business of a public nature as may be brought before them. ''

And, on the further motion of Mr. Donaldson, the amendment

Was Adopted.

Mr. Donaldson moved that the joint resolution, as amended, be concurred in.

The yeas and nays were ordered, which, being taken, were as follows :

Yeas-Messrs. Cheairs, Davis, Dempsey, Donaldson, J. H. Hopkins, L. S. Hopkins, Short, Smith, Taylor, Whitney, Wilson, Mr. Speaker-12.

Nays-Messrs. Eliason, Johnson-2.

So the question was decided in the affirmative, and the amended joint resolution having received the required consti­ tutional majorify

Was declared Concurred in.

Ordered that the Senate be informed thereof, and the joint resolution returned to that body.

Mr. Doherty, Clerk of the Senate, being admitted, in­ formed the House that the Senate had passed and requested the concurrence of the House in the following Senate joint resolution, entitled

· 'Senate joint resolution relating to attorneys.''. H12 90

An presented the same to the House.

Also present for concurrence.

Report of Wilmington & Great Valley Turnpike Com­ pany.

Mr. Wilson, in pursuance of previous notice, asked, and on motion of Mr. Taylor, obtained leave to introduce a bill (H. B. No. 480), entitled

"An act to establish and maintain a State Board of Agri - culture and define its powers and duties.''

Which, on motion of Mr. Wilson, was read.

And, on his further motion, Rule 12 was suspended as to this bill, and the bill was read a second time by title and referred to Committee on Agriculture.

Mr. Donaldson, in pursuance of previous notice, asked, and on motion of Mr· Whitney obtained, leave to introduce a bill (H. B. No. 481), entitled

'' An act to provide for the registration of voters in the city of Wilmington in conformity with the amended Constitu­ tion."

Pending first reading of the bill, the House adjourned until 3 o'clock, P. M. 91

SAME DAY, 3 o'clock, P. M.

House met pursuant to adjournment.

Continuation and conclusion of first reading of House bill No. 481, entitled

"An act to provide for the registration of voters in the City of Wilmington in conformity with the amended Constitu­ tion.

And, on motion of Mr. Donaldson, Rule 12 was sus­ pended as to this bill, and the bill was read a second time, by title, and referred to the Committee on Elections.

Mr. Johnson moved that five hundred copies of the fore­ going bill be printed,

Which motion Prevailed.

Mr. Doherty, Clerk of the Senate, being admitted, informed the House that the Senate had non-concurred in the amendments to Senate joint resolution, entitled

"Joint resolution to expedite business."

Also that the Senate had appointed Messrs. Pyle and J. M. C. Moore a Committee of Conerfence, and requested the House to appoint a like committee to meet for said purpose.

Mr. Cheairs moved that the House concur in the Senate request for Committee of Conference,

Which motion Pvevailed. The Speaker appointed as said committee Messrs. Cheairs, Hazell and Johnson.

Mr. Wilson presented the following communication which, on his motion, was read as follows :

CAMDEN, DEL., Jan. 31, 1898.

To the Honorable, the Senate and the House ef Representatives, of the State cf Delaware :

GENTLEMEN: The following was unanimously passed at the last regular meeting of Fruitland Grange, with about fifty members present:

Resolved, That it is the sense of this Grange that the report of the inspector of the San Jose Scale should be printed and such further action taken as is necessary to control the pest. Very Respectfully, F. c. BANCROFT, Secretary.

On the further motion of Mr. Wilson, the report was referred to the Committee on Printing.

Mr. Smith moved that five hundred copies of the report of the inspector of the San Jose Scale be printed,

Which motion Prevailed.

Mr. Hazell gave notice that, on to-morrow or some future day, he would ask leave to introduce a bill, entitled

"An act to conform to the amended Constitution, Chap. 47, Vol. 19, Laws of Delaware. 93

Mr. Donaldson, in pursuance of previous notice, asked, and on motion of Mr. Thompson obtained, leave to introduce a bill (House bill No, 482), entitled

"An act in relation to limitations."

Which, on motion of Mr. Donaldson, was read.

On the further motion of Mr. Donaldson Rule 12 was suspended as to this bill and the bill was read a second time, by title, and referred to the Committee on Revised Statutes.

On motion of Mr. Donaldson, Honse bill No, 474, entitled

"An act providing for the public safety at the P., W. & B. Railroad crossing at Stanton station.''

Was read a second time, by its title, and on his further motion was referred to the Committee on Miscellaneous Busi­ ness.

Mr. Cheairs, on behalf of the special committee appointed to confer with the Senate committee in regard to the expedition of business, reported as follows :

Resolved, That it is the sense of this conference com­ mittee that the inherent right rests in the committees of the respective Houses to employ counsel when they deem it neces­ sary to prepare such bills as they may deem advisable, and would advise joint action in all such cases.

JOHN PYLE, JOHN M. C. MOORE, Senate Committee. w. w. CHEAIRS, B. A. HAZELL, THOMAS JOHNSON. House Committee. 94

Mr. Donaldson moved that the consideration of the report lay over and be made a special order at II o'clock, A. M., Wednesday.

Which motion Prevailed.

On motion the House adjourned until 10 o'clock, A. M., Wednesday. 95

WEDNESDAY, Feb. 2, 1898-10 o'clock, A. M.

House met pursuant to adjournment.

Prayer by the Chaplain.

Roll called. Members present-Messrs. Adams, Davis, Dempsey, Cheairs, Donaldson, Dukes, Eliason, Hazell, J. H. Hopkins, Johnson, Martin, McCoy, McCullough, Short, Smith, Taylor, Thompson, Whitney, Wilson, Mr. Speaker,

Journal read and approved.

The Speaker presented a communication concerning ' 'Trusts,"

Which, on motion, was referred to the Committee on Miscellaneous Business.

Standing Committee reports.

Mr. Eliason, on behalf of the Committee on Fish, Oysters and Game, to whom had been referred the House bill No. 479, entitled

"An act to amend Chap. 464, Vol. 20, Laws of Dela­ ware.''

Reported the same back to the House favorably.

Mr. Hazell gave notice that, on to-morrow or some future day, he would ask leave to introduce a bill, entitled

"An act to repeal Chap. 47, Vol. 19, Laws of Delaware." 96

Mr. Hazell gave notice that, on to-morrow or some future day, he would ask leave to introduce a bill, entitled

"An act in relation to State detectives."

Mr. Hazell gave notice that on to-morrow or some future day, he would ask leave to introduce a bill, entitled

'' An act to repeal Chap. 402, Vol. 20, Laws of Delaware.''

Mr. Dukes gave notice that, on to-morrow or some future day, he would ask leave to introduce a bill, entitled

An act to change the name of Ida M. Holston to Ida M. Chamberlain, and make her, by adoption, an heir-at-law of George W. and Elizabeth B. Chamberlain.

On motion of Mr. Wilson, the bill (H.B. No. 479), entitled

"An act to amend Chap. 464, Vol. 20, Laws of Dela­ ware.''

Was taken up for consideration, and, on his further motion, was read a third time, by paragraphs, in order to pass the House.

On the question, "Shall the bill pass the House?"

The yeas and nays were ordered, which, being taken, were as follows :

Yeas-Cheairs, Davis, Dempsey, Donaldson, Dukes, Eliason, Hazell, Johnson, Martin, McCoy, McCullough, Short, Smith, Thompson, Whitney, Wilson, Mr. Speaker-17.

Nays-None. 97

So the question was decided in the affirmative, and the bill having received the required constitutional majority

Passed the House.

Ordered to the Senate for concurrence.

On motion of Mr. Speaker, the report of the \Vilmington and Great Valley Turnpike Company was read as follows:

WILMINGTON, DEL., Jan. 27, 1898.

HON. HEZEKIAH HARRINGTON, Speaker ef the Senate, General Assembly ef Delaware: DEAR SIR-In accordance with the provisions of the charter of this company, I send you a report of the receipts and expenditures for the last ten years, which is respectfully submitted. Report of the receipts and expenditures, and dividend; paid, of the president, managers and company of the Wilming­ ton and Great Valley Turnpike Company for the last ten years, from the year 1888 to the year 1897, inclusive:

RECEIPTS. DIVIDENDS PAID. GENERAL EXPENSES. 1888 ...... $3,235 29 $1,040 00 $1,804 67 181<9 ...... 3,3;25 26 1,040 00 1,934 65 1890 ...... 3,333 50 I,040 00 2,086 99 1891...... 3,664 30 1,04c 00 I, 762 20 1892 ...... 3,405 99 I ,040 00 1,468 97 1893 ...... 3,558 56 1,560 00 1,858 54 1894 ...... 3,808 59 1,300 00 2,540 50 1895 ...... 3,467 86 l ,040 00 2,030 51 1896 ...... 3,401 24 I ,040 00 2,893 97 1897 ...... 3,505 13 1,040 00 2,563 86 For the Company: WILLIAM POOLE, Secreta1y aud Treasurer. And, on further motion, the report was accepted and ordered inserted in the Journal.

Order of the day.

Report of the special committee appointed to confer with a committee of the Senate in regards to the expedition of busi­ ness between the two Houses,

Was taken up for consideration.

On motion of Mr. Hazell, the report was adopted and the committee discharged.

Ordered, that the Senate be informed thereof.

Mr. Martin, on behalf of the Committee on Miscellaneous Business, to whom had been referred the House bill No. 472, entitled

"An act to change the name William Bonnar to the name of William Stuart, and to make him, by adoption, a son and heir-at-law of Truston M. Stuart, of Dover, Kent county, and the State of Delaware."

Reported the same back to the House favorably.

Mr. McCullough gave notice that, on to-morrow or some future day, he would ask leave to introduce a bill, entitled

'' An act to change the name of Thomas Greer to Thomas G. Maxwell."

On motion, the House adjourned until 3 o'clock, P. M. 99

SAME DAY, 3 o'clock, P. M.

House met pursuant to adjournment.

Mr. Hazell offered a joint resolution, entitled

"Joint resolution authoring the State Treasurer to pay to the Mercantile Printing Company three hundred and fifty dol­ lars for printing and binding six thousand copies of the new constitution and schedule.'' Which, on his motion, was read. On the question, "Shall the joint resolution be adopted?"

The yeas and nays were ordered, which, being taken, were as follows:

Yeas-Messrs. Cheairs, Davis, Dempsey, Donaldson, Dukes, Eliason, Hazell, J. H. Hopkins, Johnson, Martin, McCoy, McCullough, Short, Smith, Thompson, Whitney, 'Wilson, Mr. Speaker-18.

Nays-None. So the question was decided in the affirmative, and, the joint resolution having received the required constitutional majority, Passed the House. Ordered to the Senate for concurrence.

Mr. Adams, on behalf of the Committee on Judiciary, to whom had been referred the House bill No. 475, entitled "An act fixing the compensation of the Chancellor, Chief Justice and Associate Judges, and repealing certain other acts," · JOO

Reported the same back to the House favorably, with amendment.

Mr. Thompson offerred a joint resolution, entitled

''Joint resolution in relation to adjournment,''

Which, on his motion, was read.

Mr. Thompson asked and obtained leave to withdraw the joint resolution.

Mr. Dempsey gave notice that, on to-morrow or some future day, he would ask leave to introduce a bill, entitled

"An act entitled 'An act to amend an act, Vol. 20, Laws of Delaware, passed at Dover, May 29, I 897.' "

Mr. Thompson gave notice that, on to-morrow or some future day, he would ask leave to introduce a bill, entitled

'' An act to amend an act entitled 'A further additional supplement to the act entitled an act to incorporate the Junc­ tion and Breakwater Railroad Company.' "

On motion of Mr. Donaldson, the House went into a Committee of the Whole for the purpose of considering House bill No. 475, entitled

"An act fixing the compensation of the Chancellor, Chief Justice and Associate Judges, and repealing certain other acts.''

Committee of the Whole, Mr. Eliason, chairman.

On motion of Mr. Hazell, the committee amendment to the bill was read as follows: (OI

Amend the said bill by striking out the words "thirty­ five hundred'' in the sixth line of Section r, and inserting in lieu thereof the words "thirty-eight hundred."

Also amend said bill by striking out the words "thirty­ three hundred'' in the tenth line of said Section r and insert­ ing in lieu thereof the words "thirty-six hundred."

Mr. Dempsey offered a substitute for the amendment,

Which, on his motion, was read as follows:

Amend said amendment by striking out thirty-eight hun­ dred and insert four thousand.

Amend said amendment by striking out the words thirty­ six hundred and insert thirty-eight hundred.

On motion; committee arose, reported progress and asked leave to sit again. WALTON THOMPSON, Clerk.

On motion, the House adjourned until Thursday, 10 o'clock, A. M. 102

THURSDAY, Feb. 3, 1898-rn o'clock, A. M.

House met pursuant to adjournment.

Prayer by the Rev. B. J. Savage of Milford.

Roll called. Members present-Messrs. Adams, Davis, Dempsey, Cheairs, Donaldson, Dukes, Eliason, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, Martin, McCoy, McCul­ lough, Short, Smith, Taylor, Thompson, Wilson, Mr. Speaker.

Journal read and approved.

Mr. Hazell, on behalf of the Committee on Revised Statutes, to whom had been referred the House bill No. 473, entitled

"An act to amend an act, entitled 'An act to regulate the business of pawnbrokers and junk dealers within New Castle conn ty,' and to re-enact the provisions of said act."

Reported the same back to the House favorably.

Mr. Dempsey, on behalf of the Committee on Enrolled Bills, reported as duly and correctly enrolled and ready for the signature of the Speaker, the following:

Senate bill No. 224,

"An act to amend Chap. 225, Vol. 18, Laws of Dela­ ware, passed at Dover, April 20, 1887. 103

Senate joint resolution No. 54,

"Senate joint resolution in regards to the appointment of a joint commitree to settle with the State Treasurer and State Auditor."

Senate joint resolution No. 53,

''Senate joint resolution in relation to adjournment.''

House joint resolution No. 3,

"Joint resolution in relation to stationery_ for the at­ torneys.''

Joint resolution No. 2,

"Joint resolution authorizing the appointment of a JOlllt committee of two on the part of the Senate and three on the part of the House to settle with the Secretary of State and Clerks of the Senate and House of Representatives."

House bill No. 466,

"An act to provide for a stenogrf1pher and type-writer for Governor and Secretary of State.''

House joint resolution No. 5,

''House joint resolution in relation to adjournment,''

Joint resolution No. 4,

"Joint resolution authorizing the Governor to pay to the State Treasurer certain moneys in his hands belonging to the Direct Tax Fund.'' Joint resolution No. 6,

"Joint resolution authorizing the State Treasurer to pay B. A. Hazell, for Carson & Bro., for repairing portrait of Washington.''

On motion of Mr. Short action on the House bill No. 475, entitled

"An act fixing the compensation of the Chancellor, Chief Justice and Associate Judges, and repealng certain other acts,'' was made a special order for Monday morning, at 11 o'clock.

Mr. Hazell, in pursuance of previous notice, asked, and on motion of Mr. Davis obtained, leave to introduce a bill (H. B. No. 483), entitled

'' An act in relation to State detectives.''

Which, on motion of Mr. Hazell, was read.

And, on his further motion Rule I 2 was suspended as to this bill, and the bill was read a second time, by title, and referred to the Committee on Revised Statutes.

Mr. Hazell, in pursv.ance of previous notice, asked, and on motion of Mr. Davis obtained, leave to introduce a bill (H.B. No, 484), entitled

"An act to repeal Chap. 402, Vol. 20, Laws of Delaware, entitled "Of constables."

Which, on motion of Mr. Hazell, was read.

And, on his further motion Rule 12 was suspended as to this bill, and the bill was read a second time, by title, and referred to the Committee on Revised Statutes. 105

Mr. Hazell, in pursuance of previous notice, asked, and on motion of Mr. Davis obtained, leave to introduce a bill (H. B. No. 485), entitled

"An act to repeal Chapter 47, Volnme 19, Laws of Dela­ ware, entitled 'An act for the more efficient protection against crime.' ''

Which, on motion of Mr. Hazell, was read.

And, on his further motion R nle 1 2 was suspended as to this bill, and the bill was read a second time, by title, and referred to the Committee on Crimes and Punishments.''

Mr. Hazell, gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

'' An act to amend Chap. 36 of the Revised Statutes of the State of Delaware, relating to Notaries Public and Com­ missions of Deeds.''

Mr. Hazell gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

"An act in relation to Notaries Public and Commissioners of Deeds.''

Mr. Dukes in pursuance of previous notice, asked, and on motion of Mr. Johnson, obtained leave to introduce a bill (H. B. No. 486), entitled

"An act to change the name of Ida M. Holston to Ida M. Chamberlain, and to make her, by adoption, a daughter and heir-at-law of George W. Chamberlain and Elizabeth B. Chamberlain of Baltimore hundred,

Which, on motion of Mr. Dukes, was read. H14 106

Mr. Thompson, in pursuance of pr-:vious notice, asked, and on motion of Mr. Martin obtained, leave to introduce a bill (H. B. No. 487), entitled

"An act to amend an act, entitled · A further additional supplement to the act entitled an act to incorporate the Junc­ tion & Breakwater Railroad Company.' "

On motion of Mr. Hazell. the Hc,w-;e bill (H.B. No. 473), entitled

'' An act to amc1Hl 'An act to regulate the business of pawnbrokers and junk dealers within New Castle county, and to re-enact the provision of said act.' "

Was taken up for consideration, and, on his further motion, was read a third time, by paragraphs, in order to pass the House.

On the question ''Shall the bill pass the House?''

. The yeas and nays were ordered, which, on being taken. were as follows :

Yeas-Messrs. Davis, Dempsey, Dukes, Eliason, Hazell, J. H. Hopkins, L. S. Hopkins, Martin, McCoy, l\kCul1011gh. Smith, Taylor, Thompson, 1\Ir. Speaker-14.

Nays-None.

So the question was decided in the affirmative, and the bill having received the required constitutional majority,

Passed the House.

Ordered to the Senate for concurrence.

On motion of Mr. Davis, the House adjourned until 3 o'clock, P. M. SAME DAY, 3 o'clock, P. M.

House met pursuant to adjournment.

Mr. Hazell gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

"An act to conform the appointment of County Superin­ tendents of the public schools of this State to the Amended Constitution.''

Mr. Hazell gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

'' An act to conform the appointment of the State Librar­ ian to the Amended Constitution."

l\Tr. Hazell gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

"An act in relation to the appointment of Justices of the Peace."

Mr. Donaldson gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

"An act to amend Chap. 381 of Vol. 20 Laws of Dela­ ware, entitled 'An act to equalize taxation for State and county purposes passed at Dover, May 20, 1897.'"

On motion of Mr. Wilson, the House bill, (H. B. No. 472), entitled

'' An act to change the name of William Bonnar to the name of William Stewart, and to make him, by adoption, a I08 son and heir at law of Truston M. Stewart of Dover, Kent county aud the State of Delaware.''

Was taken up for consideration, and, on his further motion, was read a third time, by paragraphs, in order to pass the House.

On the question "Shall the bill pass the House?"

The yeas and nays were ordered, which, on being taken, were as follows :

Yeas-Messrs. Dempsey, Donaldson, Dukes, Eliason, Hazell, J. H. Hopkins, Johnson, Martin, McCoy, McCul­ lough, Thompson, Wilson, Mr. Speaker-r3.

Nays-None.

So the question was decided in the affirmative, and the bill, having received the required Constitutional majority,

Passed tlze House.

Ordered to the Senate for concurrence.

Mr. Hazell offered a joint resolution that when the House adjourn it he until Monday morning, at IO o'clock,

And on his further motion it was taken up for considera­ tion,

And, on his further motion, was read in order to pass the House.

On the question "Shall the joint resolution pass the House?'' 109

The yeas and nays were ordered, which, on being taken, were as follows :

Yeas-Messrs. Adams, Davis, Dempsey, Donaldson, Dukes, Eliason, Hazell, J. H. Hopkins, Johnson, Martin, McCoy, Mc­ Cullough, Smith, Thompson, Wilson, Mr. Speaker-16.

Nays-None.

So the question was decided in the affirmative, an.cl the joint resolution having received the required Constitutional majority,

Was declared Adopted.

Ordered to the Senate for concurrence.

Mr. Doherty, Clerk of the Senate, being admitted, in­ formed the House that the Senate had accepted the report of the Conference Committee appointed to devise a plan of pro­ cedure.

Mr. Doherty, Clerk of the Senate, being admitted, in­ formed the House that the Senate had concurred in the follow­ ing House joint resolution, entitled

"Joint resolution in relation to adjournment."

And returned same to the House.

Also that the Senate had indefinitely postponed further consideration of House bill No. 437, entitled

"An act to amend Chap, 553, Vol. 18, Laws of Dela­ ware.''

Adjourned to Monday, Feb. 7, 10 o'clock, A. M. 110

MONDAY, Feb. 7, 1898-10 o'clock A. M.

House met pursuant to adjournment.

J?rayer by the Chaplain.

Roll called. Members present-Messrs. Davis, Dempsey, Cheairs, Donaldson, Dukes, Eliason, Hazell, J. H, Hopkins, L. S. Hopkins, Johnson, Martin, McCoy, McCullough, Short, Smith, Taylor, Thompson, Whitney, Wilson, Mr. Speaker.

Journal read and approved.

Mr. Speaker gave notice that, on to-morrow or some future day, he would ask leave to introduce a bill, entitled

"An act to change the name of Meta Margarette Walker, to that of Meta Margarette Hitch, and to make her, by adoption, heir-at-law of John E. and Lillian Hitch."

Mr. Dempsey gave notice that, on to-morrow or some future day, he would ask leave to introduce a bill, entitled

'' An act to amend and repeal parts of Chap. 393 of Vol. 20, Laws of Delaware.''

Mr. Donaldson gave notice that, on to-morrow or some future day, he would ask leave to introduce a bill, entitled

'' An act to regulate the weight of bread.'' I II

Mr. Hazell, in pursuance of previous notice, asked, and, on motion of Mr. Dnkes, obtained leave to introduce a bill (H. B. No. 488), entitled

"An act in relation to Notaries I'uhlic and Commissioners of Deeds,'' ., ;, '\Vhich, on motion of Mr. Hazell was read.

On the further motion of Mr. Hazell, Rule 12 was sus­ pended as to this bill, and the bill was read a second time, by title, and referred to the Committee on Revised Statutes.

Mr. Hazell, in pursuance of previous notice, asked, and on motion of Mr. L. S. Hopkins, ohtained leave to introduce a hill (H. B., No. 489), entitled,

'' An act to amend Chapter :;6, of the Revised Statutes of the State of Delaware, relating to Notaries Public and Com­ missioners of Deed,''

\Vhich, on motion of Mr. Hazell, was read,

On the further motion of Mr. Hazell, Rule r 2 was sus­ pended as to this bill, and the bill was read a second time by title, and referred to the Committee on Revised Statutes.

Mr. Hazell, in pursuance of previous notice, asked, and, on motion of Mr. Martin, ohtained leave to introduce a bill (H. B. No. 490), entitled

'' An act to conform the appointment of County Superin­ tendents of the Puhlic Schools of this State to the amended constitution,

Which, on motion of Mr. Hazell, was read. II2

On the further motion of Mr. Hazell, Rule 12 was sus­ pended as to this bill, and the bill was read a second time, by title, and referred to the Committee 011 Education.

Mr. Hazell, in pursuance of previous notice, asked, and, 011 motion of Mr. Taylor, obtained 1ea-:e to introduce a bill (H. B. No. 491), entitled

"An act to conform the appointment of State Librarian to the amended Constitution,'' Which, on motion of Mr. Hazell, was read.

On the further motion of Mr. Hazell, Rule 12 was sus­ pended as to this bill, and the bill was read a second time, by title, and referred to the Committee on Revised Statutes.

Mr. Hazell, in pursuance of previous notice, asked, and, on motion of Mr. J. H. Hopkins, obtained leave to i11trocluce a bill (H. B. No. 492), entitled

"An act in relation to the appointment of Justices of the Peace,''

Which, on motion of Mr. Hazell, was read.

On the further motion of Mr. Hazell, Rule r 2 was sus­ pended as to this bill, and the bill was read a second time, by title, and referred to the Committee on Revised Statutes.

Mr. Cheairs, in pursuance of previous notice, asked, and, on motion of Mr. Smith, obtained leave to introduce a bill (H.B. No. 493), entitled

"A further additional supplement to an act entitled 'An additional supplement to an act for the better regulation of the streets of Delaware City and for other purposes,' "

Which, on motion of Mr. Cheairs, was read. I 13

On the further motion of Mr. Hazell, Rule 12 was sus­ pended as to this bill, and the bill was read a second time by title, and referred to the Committee on Municipal Corporations.

On motion of Mr. Dukes the House bill No. 486, entitled

'' An act to change the name of Ida M. Chamberlain, and to make her, by adoption, a daughter and heir-at-law of Geo. W. Chamberlain and Elizabeth B. Chamberlain, of Baltimore Hundred,"

Was read a second time, by its title, and on his further motion, was referred to the Committee on Miscellaneous Business.

On motion of Mr. Thompson, the bill (H.B. No. 487), entitled

"An act to amend an act entitled 'A further additional supplement to the act entitled an act to incorporate the J unc­ tion and Breakwater Railroad Company,' ''

Was read a second time, by title, and on his further motion, was referred to the Committee on Private Corpora­ tions.

Mr. Johnson presented sundry claims against the State in relation to the State armory at Wilmington.

Which, on motion, were referred to the Committee on Claims.

Special order of the day far 11 o'clock, A. M.

The hour having arrived. H15 I I4

House bill No. 475, entitled

"An act fixing the compensation of the Chancellor, Chief Justice and Associate Judges, and repealing certain other. acts,''

Was taken up for consideration.

On motion of Mr. Dempsey, the bill was laid over and made a special order for 3 o'clock, P. M.

Mr. Hazell, on behalf of the Committee on Revised Statutes, to whom had been referred the House bill No. 483, entitled

"An act in relation to State detectives."

Reported the same back to the House favorably.

Mr. Davis, on behalf of the Committee on Crimes and Punishment, to whom had been referred the House bill No. 485, entitled

"An act to repeal Chap. 47, Vol. 19, Laws of Delaware. entitled 'An act for the more efficient protection against crime.''

Reported the same back to the House favorably.

Mr. Hazell, on behalf of the Committee on Revised Statutes, to whom had been referred the House bill, No. 484, entitled

"An act to repeal Chap. 402, Vol. 20, Laws of Delaware, entitled 'of constables.' "

Reported the same back to the House favorably. On motion of Mr. Hazell, the bill (H. B. No. 483), en­ titled

"An act in relation to State detectives,"

Was taken up for consideration, and, on his further motion, was read a third time, by paragraphs, in order to pass the House.

On the question, "Shall the bill pass the House?"

The yeas and nays were ordered, which, being taken, were as follows:

Yeas-Messrs. Cheairs, Davis, Dempsey, Donaldson, Dukes, Eliason, Hazell, J. H. Hopkins, L. S. Hopkins, John­ son, Martin, Smith, Mr. Speaker-13.

Nays-None.

So the question was decided in the affirmative, and, the bill having received the required constitutional majority,

Passed the House.

Ordered, to the Senate for concurrence.

On motion of Mr. Hazell, the bill (H. B. No. 485), en· titled

"An act to repeal Chap. 47, Vol. 19, Laws of Delaware, entitled 'An act for the more efficient protection against crime."

Was taken up for consideration, and, on his further motion, was read a third time, by paragraphs, in order to pass the House. I I6

On the question, "Shall the bill pass the House?"

The yeas and nays were ordered, which, being taken, were as follows:

Yeas-Messrs. Cheairs, Davis, Dempsey, Dukes, Eliason, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, Martin, Smith, Mr. Speaker-r2.

Nays-None.

So the question was decided in the affirmative, and, the bill having received the required constitutional majority,

Passed the House.

Ordered to the Senate for concurrence.

On motion of Mr. Hazell, the bill (H. B. No. 484), entitled

"An act to repeal Chapter 402, Volume 20, Laws of Delaware, entitled 'of constables.' "

Was taken up for consideration, and, on his further motion, was read a third time, by paragraphs, in order to pass the House.

On the question, ''Shall the bill pass the House?''

The yeas and nays were ordered, which, being taken, were as follows:

Yeas-Messrs. Cheairs, Davis, Dempsey, Dukes, Eliason, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, Martin, Smith, Mr. Speaker-12.

Nays-None. 117

So the question was decided in the affirmative, and, the bill having received the required constitutional majority,

Passed the House.

Ordered to the Senate for concurrence.

On motion, the House adjourned until 2 o'clock, P. M.

SAME DAv-2 o'clock, P. M.

House met pursuant to adjournment.

Order of the day.

On motion of Mr. Donaldson, the House went into a Com· mittee of the Whole to consider

House bill No. 475, entitled

"An act fixing the compensation of the Chancellor, Chief Justice and Associate Judges, and repealing certaib other acts.''

Mr. Donaldson, Chairman Committee of the Whole.

The amendment of Mr. Dempsey to the committee amend· ment was read, as follows: 1!8

Amend said amendment,

By striking out' 'thirty-eight hundred' 'and inserting ''four thousand.''

Amend said amendment,

By striking out the words ''thirty-six hundred and insert­ ing "thirty-eight hundred."

Mr. Dempsey moved that the amendment to the commit­ tee amendment be adopted.

On the question, ''Shall the amendment to the amend­ ment be adopted?''

The yeas and nays were ordered, which, being taken, were as follows:

Yeas-Messrs. Cheairs, Dempsey, Donaldson, Eliason, McCoy, Taylor, Thompson-7.

Nays-Messrs. Davis, Dukes, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, Martin, McCullough, Short, Smith, Whitney, Wilson, Mr. Speaker-13.

So the question V."aS decided in the negative, and the amendment to the amendment not having received the re­ quired majority,

Was declared Lost.

Mr. L. S. Hopkins offered an amendment to the amend­ ment, which, on his motion, was read, as follows:

Amendment to the amendment of the report of the com­ mittee. I 19

Amend the amendment,

''By striking out thirty-six hundred and inserting in lieu thereof thirty-five hundred, and by striking out thirty-eight hundred and inserting in lieu thereof thirty-seven hundred and fifty.''

Mr. Hopkins moved that the amendment to the amend­ ment be adopted, on which question

The yeas and nays were ordered, which, being taken, were as follows:

Yeas-Messrs. Davis, Dukes, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, Martin, Whitney, Mr. Speaker-9.

Nays-Messrs. Cheairs, Dempsey, Donaldson, Eliason, McCoy, McCullough, Short, Smith, Taylor, Thompson, Wil­ son--1 I.

So the question was decided in the negative, and the amendment to the amendment not having received the re­ quired majority,

Was declared Lost.

Mr. Dempsey offered an amendment to the committee amendment, which, on his motion, was read, as follows:

Amend said amendment,

By striking out the words thirty-eight hundred and insert in lieu thereof the words four thousand.

Mr. Dempsey moved that the amendment to the amend­ ment be adopted. I20

On which question

The yeas and nays were ordered, which, being taken. were as follows:

Yeas-Messrs. Cheairs, Dempsey, Donaldson, Eliason. McCoy, Taylor, Thompson--7.

Nays-Messrs. Davis, Dukes, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, Martin, McCullough, Short Smith. Whitney, Wilson, Mr. Speaker-r3.

So the question was decided in the negative, and the amendment to the amendment not having received the re­ quired majority,

Was declared Lost.

Mr. Cheairs offered an amendment to the committee amendment to the bill, which, on his motion, was read, as follows:

Amend by striking out $3,800 and insert $4,000, strike out $3,600 and insert $3,700.

Mr. Cheairs moved that the amendment to the amend­ ment be adopted,

On which question

The yeas and nays were ordered, which, on being taken, were as follows:

Yeas-Messrs. Cheairs, Dempsey, Donaldson, Eliason, McCoy, Taylor, Thompson-7.

Nays-Messrs. Davis, Dukes, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, Martin, McCullough, Short, Smith, Whitney, Wilson, Mr. Speaker-r3. 121

· So the question was decided in the negative, and the amendment to the amendment not having receiYed the re­ quired majority,

Was declared Lost.

Mr. Hazell moved that the committee amendment to the bill be adopted.

The yeas and nays were ordered, which, on being taken, were as follows:

Yeas-Messrs. Cheairs, Davis, Donaldson, Dukes, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, Martin, lV[cCoy, Mc­ Cullough, Short, Smith, Taylor, Whitney, \Vilson, Mr. Speaker-17.

Nays-Messrs. Dempsey, Eliason, Thompson-3

So the question was decided in the affirnrntive, and the committee amendment having received the required majority,

\Vas declared Adopted.

Mr. Speaker moved that the Committee of the \Vhole arise and report the adoption of the committee amendment to the bill,

Which motion Prevailed. ·

\V ALTON THOMPSON, Clerk to Committee ef iVhole.

Mr. Speaker requested two days' absence from the House.

On motion, the request was granted.

On motion, the Honse adjourned until 10 o'clock, A. \I., Tuesday. H16 [22

TUESDAY, Feb. 8, 1898-10 o'clock A. :vr.

House met pursuant to adjournment

Mr. Hazell as speaker pro tem.

Prayer by the Rev. Alfred Smith.

Roll called. :Members present-Messrs. Adams, Davis, Dempsey, Cheairs, Donaldson, Dukes, Elison, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, McCullough, Short, Smith. Taylor, Thompson, \Vhitney, \Vilson.

Journal read and approved.

Mr. Donaldson, Chairman of Committee on Revenue and Taxation, stated that foe said committee would meet in the parlor at 1.30 o'clock, P. M.

Mr. L. S. Hopkins, on behalf of the Committee on Edu­ cation to whom had been referred the House bill, No. 490. entitled:

'' An act to conform the appointment of County Superin­ tendent of Public School of this State to the amended Con­ stitution.''

Reported the same back to the House favorably.

Mr. Eliason, on behalf of the Committee on Revised Statutes to whom had been referred the House bill, No. 491. entitled:

'' An act to conform the appointment of State Librarian to the amended Constitution." Report the same hack to the House faw1rably.

Mr. Eliason, 011 be1rnlf of the Committee on Revisec1 Statutes, to ,vhom had been referred the Honse bill, No, 492, entitled :

" An act in relation to the appointment of Justices of the Peace.''

Reported the same back to the House favorably.

On motion of Mr. Short, the Bill (H. B., No. 475), entitled,

'' An act fixing the compensation of the Chancellor, Chief Justice and Associate Judges and repealing certain other acts. as amended by the Committee of the Whole, was taken up for consideration.''

I\Ir. Short presented a communication, which on his motion, was read as follows:

To Tlze Jf'onorab!e tlze lvfcmbers of the Senate and House ef Re/J­ resentati7Jes ef the State of Delaware, in (;eneral Assemb/_1• nzct:

At a meeting of the Bar Association of Sussex County, held February 4th, 1898, the following resolution wasadopted by the Association:

\VHEREAS, it is the duty of the Legislature of this State now convened and in session, to pass a lavv providing for and fixing the salaries of the judges of this State, and

WHEREAS, it seems fitting that the members of the Bar of this State should express an opinion as to what sums, as salaries, would furnish proper remuneration for the labor devolving upon the judiciary and vrnuld properly comport with the dignities of the positions, therefore be it 124

Resohxd, That it is the sense of the Bar Association of Sussex Countv that the salaries of the Chancellor and Chief Justice of thi~ State should not be less than ($4000.) Four Thousand Dollars, and that the salaries of the Associate Judges should not be less than ($3500.) Three Thousand Five Hundred Dollars. THE BAR AssocIATION OF SussEx CouNTY, by CHARLES F. RICHARDS, Attest : President. ALBERT F. FOLK, Secretary.

On the further motion of Mr. Short, the bill was read a third time, by paragraphs, in order to pass the House.

On question, '' Shall the bill pass the House !''

The yeas and nays were ordered, which, being taken. were as fo'llows :

Yeas-Messrs. Adams, Davis, Donaldson, Dukes, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, McCullough, Short, Smith, Taylor, ·whitney, Wilson-14.

Nays-Messrs. Dempsey, Eliason, Thompson-3.

So the question was decided in the affirmative, and the bill having received the required constitutional majority,

Passed the House.

Ordered to the Senate for concurrence.

On motion of Mr. Eliason, the Bill, (H. B., No. 492), entitled,

"An act in relation to the appointment of Justices of the Peace,·' 125

"\Vas taken up for consideration.

Mr. Short moved that the bill be laid on the table until 3 o'clock, P. M.

Which motion was Lost.

On the further motion of Mr. Eliason, the bill was read a third time, by paragraphs, in order to pass the House.

On the question, "Shall the bill pass the House !"

The yeas and nays were ordered, which, being taken, were as follows :

Yeas-Messrs. Davis, Dempsey, Donaldson, Dukes, Elia­ son, Hezell, J. H. Hopkins, L. S. Hopkins, Johnson, McCul­ lough, Short, Smith, Taylor, Whitney, Wilson-rs.

Nays-:-None.

So the question was decided in the affirmative, and the bill having received the required constitutional majority,

Passed tke House.

Ordered to the Senate for concurrence.

Mr. Dempsey, on behalf of the Committee on Revised Statutes, to whom had been referred the House Bill, No. 489, entitled:

'' An act to amend Chapter 36, of the Revised Statutes of the State of Delaware, relating to Notaries Public and Com· missioners of Deed.''

Reported the same back to the House favorably. 126

Mr. Dempsey, on behalf of the Committee on Revised Statute;.;, to whom had been referred the House bill, No 488, entitled:

'' .i-\.n act in relation to Notaries Public and Commissions of Deed.

Reported the same back to the House favorably.

Mr. Johnson gave notice that on to-morrow or some future clay he \Yould ask leave to introduce a bill, entitled,

"An act to provide for a Constitutional Convention."

~Ir. Doherty, Clerk of the Senate, being admitted, informed the House that the Senate had concurred in the following House joint resolution. entitled,

"Joint resolution authorizing the State Treasurer to pay to the :\1:ercantilc Printing Company, three hundred and fifty dollars, for printing and binding 6,000 copies of the new Constitution and Schedule.''

On motion of Mr. Dempsey, House Bill, 489, entitled,

"An act to amend Chapter 36, of the Revised Statutes of the State of Delaware, relating to Notaries Public and Com- missioners of Deed,'' -

\Vas taken np for consideration.

Mr. Short moved that the bill he laid over, and be made a special order for 3 o'clock P. M.,

Which motion Prevailed.

011 motion the House adjourned until 3 o'clock P. M. 127

SAME DAv--3 o'clock P ..:\I

House met pursuant to adjournment.

The roll ,vas ordered called, those present, and answering to their names,

Messrs. Dempsey, Donaldson, Dukes, Eliason, Hazell, J. H. Hopkins, Johnson, McCullough, Short, Taylor, Thompson. Wilson-12.

Order of the clay, House bill No. 489, entitled,

"An act to amend Chapter 36, of the Revised Statutes of the State of Delaware, relating to Notaries Public and Com­ missioners of Deed,"

Was taken up for consideration, and, on further motion, was read a third time, by paragraphs, in order to pass the House.

On the question, " Shall the bill pass the House !"

The yeas and nays were ordered, which, being taken, were as follows :

Yeas-Messrs. Davis, Dempsey, Donaldson. Dukes, Elia­ son, Hazell, J. H. Hopkins, Johnson, McCullough, Taylor. Thompson, Whitney, \Vilson-13.

Nays-None.

So the question was decided in the affirmative, and the bill having received the required constitutional majority,

Passed the House. 128

Ordered to the !:-lenate for concurrence.

On motion of l\Ir. Eliason the bill, ( H. B. , No. 49 r ) • entitled,

"An act to conform the appointment of State Librarian to the amended Constitution,''

Was taken up for consideration, and, on his further motion, was read a third time, by paragraphs, in order to pass the House.

On the question, "Shall the bill pass the House !"

The yeas and nays ,vere ordered, which, on being taken. were as follows :

Yeas-Messrs. Davis, Dempsey, Donal

Nays-None.

So the question was decided in the affirmative, and the bill having receivecl the required constitutional majority,

Passed the House.

Ordered to the Senate for concurrence.

On motion of Mr. Speaker pro tem Hazell the bill, (H. B., No. 490), entitled,

'' An act to conform the appointment of County Superin­ tendents of the Public Schools, of this State, to the amended Constitution,'' 129

\Vas taken up for consideration, and, on his further motion, was read a third time, by paragraphs, in order to pass the House.

On the question, '' Shall the bill pass the House ! ''

The yeas and nays were ordered, which, being taken, were as follows :

Yeas-Messrs. Davis, Dempsey, Donaldson, Dukes, Elia­ son, Hazell, J. H. Hopkins, Johnson, McCullough, Short, Taylor, Thompson, Whitney, Wilson-14.

Nays-None.

So the question was decided in the affirmative, and the bill having received the required constitutional majority,

Passed tlze I£ouse.

Ordered to the Senate for concurrence.

On motion, of Mr. Speaker pro tem Hazell, the bill, (H. B., No. 488), entitled,

"An act in relation to Notaries Public and Commissions of Deed,"

Was taken up for consideration, and, on his further motion, was read a third time, by paragraphs, in order to pass the House.

on the question, " Shall the bill pass the House ! "

The yeas and nays were ordered, which, being taken, were as follows : H17 130

Yeas-Messrs. Davis, Dempsey, Dukes, Eliason, Hazell, J. H. Hopkins, Johnson, McCullough, Short, Taylor, Thomp­ son, Whitney-12.

Nays-None.

So the question was decided in the affirmative, and the bill having received the required constitutional majority,

Passed the House.

Ordered to the Senate for concurrence.

On motion the House adjourned until ro o'clock A. M., Wednesday. 131

WEDNESDAY, Feb. 9, 1898-10 o'clock, A. M.

Rouse met pursuant to adjournment.

Mr. Hazell, as Speaker pro tem.

Prayer by the Rev. C. P. Futher of Philadelphia.

Roll called. Members present-Messrs. Adams, Davis, Dempsey, Donaldson, Dukes, Eliason, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, Martin, McCoy, McCullough, Short, Smith, Taylor, Thompson, Whitney.

Journal read and approved.

Standing committee reports.

Mr. Martin, on behalf of the Committee on Miscellane­ ous Business, to whom had been referred the House bill, No. 486, entitled

"An act to change the name of Ida M. Holston to Ida M. Chamberlain, and to make her by adoption a daughter and heir-at-law of George vV. Chamberlain and Elizabeth B. Chamberlain of Baltimore hundred, Sussex county.''

Reported the same back to the House favorably.

Mr. Dempsey gave notice that on to-morrow, or some future day, he would ask leave to introduce a bill, entitled

"An act to amend Chap. 4 of the Revised Statutes of the State of Delaware, relating to the passing and publication of laws.'' 132

Mr. Dempsey gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

"An act to amend Chap. 553, Vol. 18, Laws of Dela­ vvare.''

Mr. Adams gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled

'' An act providing what judges of the Supreme Court shall issue the writs contemplated in paragraph 5, Sec. 12, of Article 4 of the Amended Constitution, entitled 'Of the judiciary and also what judges of the Supreme Court shall exercise the power and authority in vacation.' "

Mr. Dempsey moved that Mr. Benjamin A. Hazell be Speaker pro tem of the House during the absence of Speaker Riggin,

Which motion Prevailed.

Mr. Dempsey, on behalf of the Committee on Enrolled Bills, reported as duly and correctly enrolled and ready for the signature of the Speaker, the following:

"Senate joint resolution regarding the employment of counsel to draft laws and amendments.''

On motion the House adjourned until 3 o'clock, P. M. 133

SAME DAY, 3 o'clock, P. M.

House met pursuant to adjournment.

On motion of Mr. Dukes, the bill (H. B. No. 486), entitled

"An act to change the name of Ida M. Holston to Ida M. Chamberlain and to make her, by adoption, a daughter and heir at law of George W. Chamberlain and Elizabeth B. Chamberlain of Baltimore hundred."

Was taken up for consideration, and, on his further motien, was read a third time, by paragraphs, in order to pass the House.

On the question, "Shall the bill pass the House?"

The yeas and nays were ordered, which, on being taken, were as follows :

Yeas-Messrs. Davis, Donaldson, Dukes, Eliason, Hazell, J. H. Hopkins, L. S. Hopkins, Johnson, Martin, McCoy, Short, Smith, Taylor, Thompson, Whitney-15.

Nays-None.

So the question was decided in the affirmative, and the bill, having received the required Constitutional majority,

Passed the House.

Ordered to the Senate for concurrence. 134

Mr. Doherty, Clerk of the Senate, being admitted, re­ turned to the House the following duly and correctly enrolled House bills, the same having been signed by the Speakers of both Houses:

House bill No. 466, entitled

''An act to provide for a stenographer and type-writer for the Governor and Secretary of State.''

House joint resolution, entitled

"Joint resolution authorizing the appointment of a joint committee of two on the part of the Senate, and three on the part of the House, to settle with the Secretary of State and Clerks of the Senate and House of Representatives.''

House joint resolution, entitled

"Joint resolution in relation to stationery, etc., for the attorneys.''

House joint resolution, entitled

"Joint resolution authorizing the Governor to pay to the State Treasurer certain moneys in his hands belonging to the Direct Tax Fund.''

House joint resolution, entitled

"House joint resolution in relation to adjournment."

House joint resolution, entitled

"Joint resolution authorizing the State Treasurer to pay B. A. Hazell, for Garrison Bros., for repairing portrait of \Vashington." 135

Also, informed the House that the Senate had concurred in the follmving House bill, No. 469, entitled

"An act to amend all acts of the General Assemblv relat­ ing to courts of justice and to conform them to the amended Constitution.''

House bill No. 471, entitled

"An act providing for a Clerk and service of process and orders of the Supreme Court.''

House bill No. 470, entitled

"An act providing seals for the courts of this State."

House bill No. 483, entitled

"An act in relation to State detectives."

Mr. Johnson moved that the House instruct the Clerk to request the Senate to return to the House, House bill No. 475, entitled

"An act fixing the compensation of the Chancellor, Chief Justice and Associated Judges, and repealing certain other acts.''

Which motion Prevailed.

Mr. Doherty, Clerk of the Senate, being admitted, in­ formed the House that the Senate had passed and requested the concurrence of the House in the following Senate joint resolution:

"Joint resolution in relation to adjournment."