STATE OF DELAWARE

Journal of the Senate

AT A SPEC.IAL SESSION OF THE

GENERAL ASSEMBLY

L . CONVENED AND HELD AT DOVER, ON THURSDAY, THE THIRTY- FIRST DAY OF MAY, IN THE YEAR OF OUR LORD ONE THOUSAND NINE HUNDRED AND_SIX, AND OF THE INDEPENDENCE OF THE UNITED STATES , 'fHE ONE HUNDRED AND THIRTIETH.

.. • .. ' "'. • • . .1.\H ~ ~ r ..:: 'I :\,~: ~!('-i ~ \:' ;: J ~,D\)VFP.,,~l~L> r-' ~ "'.) ~ rlo., ,, ".; •l ....

'u"., ,, <)

:.>,u

) . ·, ·, \ "). ·-~ l ..• ;:j~ \ (\ \ ) .. ,- ~ •. I ,_, (

OF,FICERSAND MEMBERS

OF THE :STATE SENATE'

PRESIDENT ISAAC THOMAS PARKER PRESIDENT PRO TEi\IPORE A. B, CONNOR SECRETARY J. EDWARD GOSLEE READING CLERK ABRAHAM J,, 'rYRE ENROLLING CLERIC C. SHERBURNE RICE CHAPLAIN REV. GEORGE P. SMITH A'rTORNEYS ALBERT F, l'OLIC, Georgetown JAJ\IES l\L SATTERFIELD, Dover FRANCIS l\f WALKER, Wilmington SElWEANT-AT-ARi\IS HENRY l\L LANG PAGE 'rHEODORE L. COOK MEJ\IBERS ·GEORGE W. SPARKS, New Castle County ...... •.....•.•...... ••...... Wilmington ·THOJ\IAS i\I, l\IONAGHAN, New Castle County ...... Wilmington · THOMAS J. S'.l'IRLING, New Castle County ...... Henry Clay JOHN M, l\IENDINIIALL, New Castle County ...... Newport ARTEJ\IUS SMITH, New Castle County ...... New Castle DAVID C. ROSE, New Castle County ...... : .... Newark .JOHN A. LATTA, New Castle County ...... •..•...... •. ."...... Townsend 'THOMAS C. MOORE, Kent County ...... , ...... Smyrna .JOHN W. HOUSTON, Kent County ...... •.•...... •..••...... •.•.....•...•...... •...... Clayton REMSEN BARNARD, Kent County ...... , ...... C11.mden JAMES T. REED, Kent County ...••...... •...... ••...... ••....•.... , ...... •...•...•..•..... Felton ALVAN B. CONNOR, Kent County ...... Felton SIMEON S. PENNEWILL, Sussex County ...... •...... •...... •...... Greeuwood DAYID II. BOYCE, Sussex County ...... •...... ,...... •...... •...... Laurel DAVID 0, MOORE,- Sussex County ...... Laurel ARCHIE B. LINGO, Sussex County, ...... •...... Trinity 'THOMAS W. JEt'FERSON, Sussex County ...... Milton S-\·cclc_ JOURNAL OF THE STATE SENATE.

Dover, Dela-ware, May 31st, 1906. Pursuan't to the proclamation of Governor Preston Lea the General Assembly of the State of Delaware convened in special session this 3ist day of May A. D. 1906. Sena1t0:1·sBarnard, 'Conner, Houston, :,Jefferson, 'Lingo, Menclin'hall, Monag1han, ,Moore, Pennewill, Rose, Smith, 'Sparks and Sterling appeared and took •their seats. The Sen­ ate .was called to order by . President of Senate, Lieutenant 1Governor I. T. Parker. Prayer by Rev. Geo. P. Smith, Ohaplain. Mr. Sparks presented the. following resolution, which ·on his motion prevailed: Resolved, That .the Senate do, now organize and proceed to elect 'the officers and employees of •the Senate for ithis extra­ ·ordinary seslsion. Mr. Moore presented ,the following resolution, which on \ ..s motion prevailed : Resolved, That the H6riorable Alvi11 B. Connor· be and he is hereby elected President pro tern. of the Senate. That J. Edward Goslee be and he is hereby elected Clerk ·of the Senate. That Henry M. Lang be and he is hereby elected Sergeant .:atArms of the Senate. 6 That C. Sherburne Rice be and he is hereby· elected En-· grossing Clerk of the Senate. · , That Theodore L. Cook be and he is hereby elected Page·· of the Senate. · · · That Rev, Geo. P. Smith be and he is hereby elected Chap-·· Iain of the Senate. . The newly elected officers assumed their respeotive dtt~ {_ after taking the following oat'hs of office : State of Delaware, } ss Dover, Kent County, · I do solemnly affirm that I will support the Constitution of lthe United States, and t!he Constitution Qf the State of Dela-· · ware, and that I will faithfully discharge the duties of the office· of President pro tem of the Senate in the General A~sembly:­ of the State of Delaware. ALVAN B. CONNER. Affirmed to this thirty-first day of May A .. D. r906, before: me. ,J. I. T. PARKER, President of the Senate .. State of Delaware, } ss Dover, Kent County, · I do solemly swear that I will support the Constitution of the United States, and the Constitution of the State of Dela-· ware, and tha,t I will faithfully discharg~' the duties of the office· of Clerk of the Senate in the GenenI Assembly of the State of Delaware. J. E. GOSLEE. Sworn to this :thirty-first day of May A. D. r906, before· me. I. T. PARKER, President of the Senate.

State of Delaware, } ss Dover, Kent County, · I do solemnly swear that I will support the Constitution of the United States, and the Constitution of ,the State of Dela­ ware, and that I will faithfully discharge the duties of the of- 7 fice of Engrossing Clerk for rthe Senate in the General Assem­ bly of the Starte of Delaware. C. SHERBURNE RICE. Sworn to this thirty-first day of May A. D. 1906, before: me. I. T. PARKER, President of rthe Senate. State of Delaware, } ss Dover, Kent County, · I do solemnly swear that I will support tihe Con­ stitution of the United States, and the Constitution of the State of Delaware, and thalt I will faithfully drscharge the du:ties of the office of Sergeant at Arms of the Senate in the: General Assembly of the State of Delaware. HENRY M. LANG. Sworn to this thirty-first day of May A. D. 19o6,. before me. I. T. PARKER, President of the Senate. Mr. Pennewill offered :the following resolution; which on his motion prevailed. Be it resolved bv the Senate that the Clerk of the Senate· be instructed to notif}' the House that the Senate is duly organ­ ized and ready ,to proceed to bL1siness. Mr. Moore offered .the following resobtion, which on his. motion prevailed: Be it resolved by the Senate that the President is hereby authorized and directed to appoint a committee of. two on the part of the Senate to act with a like committee of three on the part of the House, which committee is hereby instructed to, notify the Governor that both Houses of the General Assembly are duly organized and ready to receive any communication he may send them; and the Clerk is instnwtecl to notify the Honse of the adoption of this resolution and the names of the Senate Committee so appointed by the President, members of said committee on the part of the Senate be communicated to the House by the Clerk. Committee appointed-T. C. Moore, Thos. M. Monaghan, 8

Hon. Jos. L. Cahall, Secretary of State, being admitted, presented to the Senate the proclamation and message of the Governor. On motion of Senator Sparks, the proclamation was read and spread upon the Journal as follows : PROCLAMATION. State of Delaware, Executive Department, Dover, Dela~are, May 28th, 1906. I, Preston Lea, Governor of the Sta,te of Delaware, under and by virtue of Section 16 of Article III of the Constitution of the State of Delaware, which provides as follows: "Section. 16. He (1Jhe Governor) may on extraor­ dinary occasions convene the General Assembly by proclama:tion; and in case of disagreement between the two Houses witih respect to the time of adjourn­ ment, adjourn them to such time as he shall thinlt proper,. not exceeding three months. He shall have power to convene the Senate in extraordinary session by proclamation, for the transaction of executive busi­ ness." do issue this my proclamation to convene the General As­ sembly of the State of Delaware, at Dover, the Capitol of foe State, on Thursday, the· 31st clay of May, A. D. 1906, at twelve o'clock noon, to consider and act upon the following matters and subjects of legislative business, to-wit: I. To readopt and establish the following· amendments. to Article IX of the Constitution of this St3'te, viz: "That all of Section 3 of Article IX of the Constitution of this State after the word "corporation", where it occurs the second time in Section 3, be striken out. That Section 6 of said Article IX be striken out and in lieu thereof substitute and adopt the following, viz: Shares of the capital stock of corporations created tmcler the laws of this State, when owned by persons or corporations without this State, shall not be subject to taxation by any law now existing or ihereafte1i to be made" ; concerning which :there appears to have risen some doubt as to whether the same was legally adopted by the General A:ssemblies of 1901 · and 1903, respectively, and the firm establishment of which is im­ :portant to the successful operation of t1he general corporation law of this State. II. To consider and act upon certain amendments to tlie Franchise Tax Law of this State for the purpose of enabling the State to collect a large amount of unpaid franchise taxes due by corporations organized under the General Corporation Law of this State and trall'sacting their business without the limits of this State. III. To ballot for and elect a Senator of the United .States to fill the vacancy now existing in ,the representation of this State in the Senate of the United States, in accordance with ~he provisions of the Acts of Congress touching the same. I In witness whereof, I have hereunto set mv hand and caused the Great Seal of the State to be hereto affixed t:his twenty-eighth (seal) clay of May, in the year of our Lord one thousai1cl nine hundred and six, and of the Independence of the United States of America, ithe one hundred and thirtieth. By the Governor: PRESTON LEA, Govei·nor. JOS. L. CAHALL, · Secretary of State. The President pro tempore of ithe State announced the fol-'. lowing standing committees : Corporations-Pennewill, Sparks, Conne1:, Rose, Latta. Cities and Towns-Sparks, Pennewill, Barnard, Mona­ ·ghan, Smith. Education-Mendenhall, T. C. Moore, Barnard, Smith, ·Rose. Claims-T. C. Moore, Barnard, Sterling, Latta, Boyce. Finance-Mendenhall, Conner, Sparks, Rose, Latta. IO

Agriculture-Lingo, Houston, Jefferson, Boyce, Mona-- ghan. Elections--I-fous,ton, Stirling, Smith, Jefferson, Barnard. Accounts-Barnard, Pennewill, Monaghan, Lingo, Smith. Printing T. /C. Moore, Mende!nhall, :MQ\naghan, Latta,. Sparks. Revised Statutes-Conner, Pennewill, Sparks, Rose,_ Latta. Fish, Oysters and Game-Stirling, Houston, Barnard,. Jefferson, Smiith. J udiciary-Srnith, Sterling, T. C. Moore, Monaghan,. Boyce. Enrolled Bills---'] efferson, Lingo, Houston, Latta, Rose. Vacant Lands-Jefferson, Boyce, Mendenhall, Lingo,. Stirling. Insnrance and Banking-Rose, Pennewill, Sparks, Con-­ ner, Moore. Rules-Moore, lVle'ndenhall, Monaghan, Boyce, Penne- - will. Public Buildings and Highways-Latta, Monaghan, Stir-­ ling, Conner, Houston. Execufrve-Pennewill, Sparks, Rose. On motion of Senator Moore, Senate takes recess untiL 2 P. M. same clay.

Senate reassembles at expiration of recess 2 P. M. same­ day. On motion of Senator Sparks ,the Governor's :Message was .. read, and ordered spread upon the Journal as follows : II

GOVERNOR'S MESSAGE.

TO THE GENERAL ASSEMBLY OF 'DHE STATE OF DELAWARE. Gentlemen: I have convened you in extrordinary session because I judged it expedient to recommend to you, for your favorable· consideration and action, the several measures set forth in my Proclamation assembling you. The first measure set .forth in my said proclamation is. "To re-adopt and es,tablish the following amendments to Ar­ ticle IX of the Constitution of this State, viz: "That all of Section 3 of Article IX of the Constitution of. · this State after ,the worq, "corporation", where it occurs the­ second tin1e in Section 3, be .striken out. That Section 6 of said Article· IX be striken out and in lieu thereof substitute· ancf adopt th~ following, viz: "Shares of i!he capital stock of corporations created under· the laws of this State, when owned by persons or corporations. without this State, shall not be subject to ;taxation by any law now existing or hereafter to be made; concerning which there· appears to have arisen some doubt as to whether the same was· legally adopted by ~he General Assemblies of 1901 and 1903,. respectively, and the firm establishment of. which is important to the successful operation of the ·General Corporation Law of this State." The above amendments were proposed to the Constitutiom by the General Assen1bly of 1901, and agreed to by two-thirds of all ,the members elected to. each house thereof, a yea and· nay vote being taken. They were, however, incorrectly en­ rolled. The General Assembly of 1903', a yea and nay vote be­ ing taken, by the vote's of two-thirds of all the members elected to each house thereof, agreed to ithe amendments so proposed: and adopted in 1901. The defective enrollment of the amend.,. ments has produced grave doubts as to whether they have" been legally adopted or not. The result of these .doubts is thatr. I2

:the stockholders and officers of Delaware corporations are un­ ,certain as to what their rig1hts, duties, and powers are. It is :important tq the successful operation of the General Corpora­ tion Law of this State, !1Jhatthese amendments should be ,adopted. The second measure mentioned in p1y said proclamation is "To consider and act upon certain amendments to the Fran­ chise Tax Law of this State for the purpose of enabling the State to collect a large amount of unpaid franchise taxes clue 'by corporations organized under the General Corporation Law of this State. and transacting their business withou,t the limits ,of this State." It appears by the official records of the State Treasurer ·tha,t there is due the State from certain Delaware Corporations, whose charters have become void by operation of law; the sum of $632,360.40. All of this money could not have l5een collected ·by any method prescribed by existing law. The payment of a large part of this sum could, however, have been enforced if ·there had been adequate law for it. Much of this sum can J,till 'be collected if you shall, at this session; make clue, proper -and apt provision for it. Bills will be ·submitted to you, at this session, which, I am advised, will enable the State to fully en­ force its rights in the matter. This is most important for your consideration and action, as the expenses of the State are ·naturally bound to increase from year ,to year, and to meet "ithis increase, additional revenue must be provided. The third subject matter i11entioned in my said proclama­ tion is "To ballot-for and elect·a Senator of the United States ·to fill the vacancy now existing in the representation of this. ·Sta,te in the Senate of the United States, in accordance with the provisions of the Acts of Congress touching t'he same." The Constitution and Laws of the Uni,ted States provide for, require and demand foll representation from each of the several States in the Senate of ,the United Sta 1tes. Under the provisions of the Consti.tution of Delaware the duty is im­ -posed upon you to caTry into effect the provisions of the Fed­ ,eral law on this subject. The performance of 1this duty now rests with you. PRESTON LEA, Governor. 13 Mr. Sparks presented a joint resolution entitled~ Senate Joint Resolution No. r. Providing for an adjournment of the General Ass em blv until Monday, June IIt1h, A. D. 1906, wE1ch on his motion, was read. Mr. Sparks 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: Years-JVIessrs. Barnard, Houston, Lingo, Menclinhall, Moore, T. C., Pennewill, Sparks, Sterling, Mr. Speaker pro tempore. ·.P1iesent but not voting-Jefferson, Monaghan, Rose,. Smith. So the question was decided in the affirmative, and the joint resolution having received the required · const,itutionaL majority, was declared adopted. Ordered fo the .House for concurrence. The following notice was read: Mr. Moore gave notice that on to-morrow or on some­ future clay he wouJd ask leave to introduce a bill, entitled: "An Act proposing amendments to Article 9 of the Constitution of the State of Delaware concerning corporations." JVfr.Moore, Chairman of Committee on Rules, moved that the rules of the last session be adopted excepting Rule 24 which should he made to read "a majority" instead of. "two· thirds vote of ,the members present." On the question shall the motion be adopted. The yeas and nays were ordered, which being taken were as follows: Yeas-Messrs. Barnard, Houston, Lingo, Menclinhall, :Moore, T. C., Pennewill, Sparks, Stirling, Mr. Speaker pro· tempor.e. I4 Present but not voting-Jefferson, Monaghan, Rose, Smith. So the question was decided in the affirmative, and the ·motion having received the required constitutional majority, was declared adopted. ,Mr. Pennewill, offered 1the following resolution, which on J1is motion was adopted : Be it Resolved by the Senate that no supplies of any char- ·acter whatever_ shall be ordered or di·awn by the Senate for this extraordinary session of the General Assembly, except those actually required by the President and Clerks of the Senate. Mr. Sparks, offered the following resolution, which on his ·motion was adopted: Resolved, That the privileges of the floor be accorded to ·ex-members of the Senate, members and ex~members of the House, Governor and other State officers, Representatives and forme'r Representatives .in (Congress, members of die Bar, women and representatives of the press, but none shall be al­ lowed within 1Jhe Bar of the Senate while the Senate is in ses­ sion, but members and officers of :bhe Senate and House of Representatives, Governor, State officers, members of the State Bench, women and representatives of the press, except upon special motion duly made and accorded by the Senate for a time to be specified in the motion. Mr. Lewis, Clerk of the House, being admitted, informed the Senate 1that the House had concurred in Senate Joint Res­ -olution No. I, entitled: "Providing for an adjournment of the General Assembly until Monday, June II, A. D. 1906." Mr. Lingo, from the Committee on Enrolled Bills, re­ ported back as duly and correctly enrolled and ready for the signature of t

June nth, 1906, 5.50 o'clock, P. M ... Senate met pursuant to adjournment; Prayer by the Chaplain. Roll called. Members present...c...Messrs. Barnard Con­ ner, Houston, Jefferson, Latta, Lingo, Mendinhall, Mon­ aghan, Moore, T. C., Pennewill, Rose, Smith, Sparj(s, Stirling. Journal read and approved. On motion of Moore, T. C., the bill, (S. B. No. 1), enti- tled: '.AlnAct proposing amendments ,to Article nine (9) of the Constitution of the State of Delaware, concerning corpora­ tions. vVas read a first time. On the further motion of iVIr. Moore, T. C., Rule· 14 was suspended as to this bill. And further on his motion the bill was read a second time,. by i.ts title, and referred to the Committee on Revised Statutes. -Mr. Rose presented a resolution of respect to the mem­ ory of Hon. James T. Reed, deceased, which on his motion, was read as follows : vVhereas, Since the adjournment of the regula-r session of this General Assembly; Hon. James T. Reed, a Senator from Kent County, has died; and vVhereas, In the estimation of his colleagues, he was a man of wide information, sound judgment, unfailing courtesy, perfect integi-ity, and unselfish devotion to his State and coun­ try; Therefor<; be it Resolved by the Senate of the State of Dela,vare, that the death of Hon. James T .. Reed is: a:. distinct 17 loss ,to this body and 1to the State of Delaware, and is a soi.tree of profound regret to the Senators who survive him; and be it further Resolved, That these· resolutions be spread ·upon the J our­ nal of the Senate; and be it further Resolved, ·T!ha,t a:s··a mark· or' respect ·t~ the memory of Hon. James T. Reed the Senate do now adjourn for the day. That an engrossed copy of these· resolutions properly at­ tested be forwa.rcled to the family of the deceased by the Sec­ retary of the Senate and that 1Jhey may be spread in full upon the Journal. I. T. PARKER, President of ,the ~enate. Attest: J. Edward Goslee, Secretary of the Senate: Senator Sparks moved that the Senate adjourn until II A. M. next clay in accordance with the above resoluti9n, which motion prevailed. ilVIr. Conner moved the adoption of ,the above resolution of respect, which motion prevailed. In accordance with the above motion Senate adjourned until II A. M., Tuesday, June 12th, 1906.

.' 18

Tuesday, June 12th, 1906, II o'clock, A. M. Senate met pursant to adjournment. Prayer by the Chaplain. Roll called. Members present-Messrs. Barnard, Boyce, Conner, Houston, Latta, Lingo, Mendinhall, Monaghan, Moore, T. C., Pennewill, Rose, Smith, 9parks, Stirling. Journal read and approved.- lVI.r. Sparks presented concurrent resolution entitled: Resolved by tlhe Senate, ,the House concurring therein that the two Houses convene as a Cofrunittee of the vVhole in the House of Representatives at 2.30 P. M. this day to listen to an explanation of the two bills before the General Assem­ bly by the Hon. Robert H. Richards. Which, on his motion, was read and adopted. Mr. Sparks presented the following resolution, which on his motion, was read and adopted. Whereas, The term of the Honorable Lewis H. Ball as United States Senator in Congress for ,the State of Delaware, expired on the fourth clay of March, A. D. 1905. And Whereas, His successor, should be now chosen. Therefore, Be it Resolved, Thait the Senate do now pro­ rceed to name, by a viva voce vote, a person for Senator in Congress from the State of Delaware, for the constitutional term from the 3rd day of ,March, A. D. 1905, pursuant to an Act of Congress entitled, ''An Act to regulate the time and manner of holding elections for Senators in Congress", ap­ proved July 251 A. D. 1866, and pursuant to the provi·sions of Secfions 14 and 15 of an Act of Congress of the United States entitled "An Act to revise and consolidate the Statutes of the United States in force on the 1st clay of December, A. D. 1873", approved January 22, 1874. 19 In accordance with the above resolution the Senate pro­ · ceeded to vote for United States Senator. The Clerk was directed to call the roll of ,the Senate, and the members, as their names were called, responded by viva voce vote as follows, viz: Mr. Barnard, of the Senate, voted for Henry A. duPont. Mr. Boyce, of ,the Senate, voted blank. Mr. Conner, of the Senate, voted for Henry A. duPont. Mr. Houston, of the Senate, voted for Henry A. duPont. Mr. Latta, of the Senate, voted blank. Mr. Lingo, of the Senate, voted for Henry A. duPont. Mr. Mendinhall, of the Senate, voted for Henry A. du- · Pont. Mr. Monaghan, of the Senate, voted blank. Mr. T. C. Moore, of the Senate, voted for John Edward Addicks. Mr. Pennewill, of the Senate, voted for Henry A. duPont. ,Mr. Rose, of the Senate, voted blank. Mr. Smith, of the Senate, voted blank. Mr. Sparks, of ,the Senate, voted for Henry A. duPont. Mr. Stirling, of the Senate, voted for Henry A. duPont. The vote as above ascertained having been announced, as follows: For Henry A. duPont, 8 votes. , For John Edward Addicks, I vote. Voted blank-5. The President of the Senate declared that Hon. Henry A. duPont having received a majority of all votes cast, I declare him, .the said Hon. Henry A. duPont, the choice of the Senate for United States Senator to represent Delaware in the Con- 20

gress of the ynited States for the constitutional term from March 3rd, A. D. 1905. Mr. Lewis, Clerk of the House, being admitted, informed the Senate that the House had concurred in the fo)lowing res­ olution:· Resolved by the Senate, the House concurring therein, that the two Houses convene as a Committee of the vVhole, in the House of Represer1tatives at 2.20 P. M. this day to lis­ ten to an explanation of the two bills before 1:he General As­ sembly by the Hon. Robert H. Richards. Mr. Mendinhall presented the following resolution, which,. on his motion, ,vas read and adopted. Resolved, That the Secretary forthwith inform the House of Representatives of a vote for United States Se1mtor in this. Senate, and that the Senate will meet with the House of Rep­ resentatives in the Representative Chamber to-morrow, vVed­ nesday, June r3th, r906, at twelve o'clock meridian, in Joint Assembly, for the purpose of electing or declaring the election of a United States Senator, pursuant to an Act of Congress, entitled, "An Act to regulate the time and manner of holding ··elections of Sena,tors in Congress, approved July 25, r866, and· pursuant to the provisions of Sections r4 and r 5 of an Act of Congress of tihe United States in force on the rst clay of De­ cember, Anno Domini r873", approved January 22, 1874. On motion of Senator Sparks Senate takes recess until' 2.20 P. M., same clay.

2.20 P. M.-Sarne day. Senate reassembles pursuant to adjournment. On motion of Senator Sparks, Senate retired to the· House of Representatives, pursuant to a previously adopted'· resolution. 21

3.30 P. M.-same day. ··Senate reassembles after returning from the Hous.e. (Mr. Lewis, Clerk of the House, being admitted, informed ·the Senate that the House had passed the following resolution. Resolved, That tihe Clerk forthwith inform the Sena,te ·of a vote for United States Senator in this House of Represen­ ,tatives, and that the House of Representa,tives will meet wi1Jh the Senate in the Representative Chamber to-morrow, Vved­ .nesday, June r3, r906, at I2 o'clock Meridian, in joint assem­ bly for the purpose of electing or dedaring the election of a United Sta,tes Senator, pursuant to an Act of Congress, enti­ tled, "An Act to regulate the time and manner of holding elec­ tions of Senators in Congress, approved July 26, r866, and pursuant to the provisions of Section r4 and 15 of an Act of ·Congress of ,the United States in forc:e on the first clay of De­ ,cember, A. D. r873," approved January 22, 1874. 1\ifr. Conner, from the Committee on Revised Statute, re­ ported back with favorable recommendation the bill, (S. B. No. r), entitled: An Act proposing an amendment to Article 9 of the Con­ stitution of trhe State of Delaware, concerning corporations. · On motion of Mr. Moore, T. C., the bill just reported was taken up for consideration; and, on his further motion, was read a third time, by paragraphs, in order to pass the Senate. On the question, "S•hall the bill pass the Senate?" The yeas and nays were ordered, which being taken, were · as follows: _ Yeas-Messrs. Barnard, Houston, Lingo, Mendinhall, Moore, T. C., Penncwill, Sparks, Stirling, Mr. Speaker pro :ternpore. N ays-1Messrs. Boyce, Latta, Monaghan, Rose, Smith, So tihe question was decided in the negative, and the bifl 11ot having received ,the required constitutional majority, was .declared lost. · On motion of Senator lY.Ioore the President of the Senate 22

\ appointed Senators Rose, Latta, Monaghan, Conner and' Sparks as a committee of five to arrange for the attendance of 1!he Senate a,t the funeral of Senator Jefferson. On motion of Senator Monaghan the following resolution. was presented and read as follows: , Whereas, It has pleased Almighty Goel to remove from our midst our fellow-Senator, Thomas W. Jefferson, who but yesterday met with us in the Senate Ohamber, in his usual good health, and who, during the itime we have served with him has won the respect, and affection of all by his sincere and· kind personality; his straightforward life and 1his deep devo­ tion to his duties, official and priva,te; Therefore, Be it resolved, that the Senate hereby ex-· press its deep regret at his sudden dea,th and feels that the· State has lost a noble and pa:triotic citizen; his district a con­ scientious and capable representative and his associates in this body a true and sincere friend; And be it further resolved, That a copy of these reso­ lutions be forwarded to the familv of the deceased and that the· Senate do now adjourn for uhe ~lay. I. T. PARKER, President of Senate .. Attest: J. Edward Goslee, Secretary. On motion of Senator· Sparks it was agreed to adjourn until 10.30 o'clock A. M. next clay. Senator Monaghan moved the adoption of the resolution,. which motion prevailed. Senate adjourns in accordance with resolution until hour specified, viz: 10.30 A. M. next day, 1906. 23

Wednesday, June 13th, 1906, ro-40 o'clock, A. M. Senate met pursuant ,to adjournment. Prayer by the Chaplain. Roll called. Members present-Messrs. Barnard, Boyce,. Conner, Houston, Latta, Lingo, Menclinhall, Monaghan,. Moore, T. C., Pennewill, Rose, Smith, Sparks, Stirling. Journal read and approved. On motion of Senator Sparks Senate takes recess until rr.30 same clay. Senate reassembled at expiration of recess r r.30 P. M. same day. JOINT SESSION. The hour of 12 o'clock, M., having arrived, the Sena,te,. preceded by the President pro tempore, and attended by the Clerks and Sergeant-at-Arms, proceeded to the hall of the· House of Representatives, for 1the purpose of voting for a Uni­ ted States Senator, in obedience to the act of Congress, enti­ tled: "An Act to regulate the time and manner of holding elec­ tions for Senators in Congress," passed July 25, 1866. On motion of Senator Sparks the President pro tempore acted as President of the Joint Session. Mr. President pro tempore directed t,he Clerks to call the· rolls of the respective Houses. All members present except Mr. Marshall of the House. lVIr. Sparks of the Senate moved the reading of the J our­ nals be dispensed wi,th, which motion prevailed. Mr. Sparks, of the Senate, moved that the Journals of the two Houses, so far as t1hey relate to the election of a United States Senator be read and compared, whicih motion prevailed~ 24 The Clerk of the Senate proceeded

,Mr. Conner, President pro tempore of the Senate, votecl 1 , for Henry A. duPont. Mr. Houston, of the Senate, voted for Henry A. duPonL :Mr. Latta, of the Senate, voted blank. Mr. Lingo, of the Senate, voted for Henry A. cluPont.

Mr. Menclin1hall, of the Senate, voted for Henry A. dtt- Pont. Mr. Monaghan, of tihe Senate, voted blank. Mr. T. C. Moore, of the Sena,te, voted for John Edward 'Addicks. Mr. Pennewill, of the Senate, voted for Henry A. dttPont. Mr. Rose, of _the Senate, voted blank. 25 Mr. Smith, of the Senate, voted blank. Mr. Sparks, of the Senate, voted for Henry A. duPont. \ :Mr. Stirling, of the Senate, voted for Henry A. duPont. Mr. Abbott, of the House, voted for Henry A. duPont. Mr. Armstrong, of ,the House, voted for Henry A. du- :Pont. . Mr. Baggs, of ·the House, voted for Henry A. duPont. Mr. Bennum, of the House, voted for Henry A. duPont. Mr. Benson, of the House, voted for Henry A. duPont. Mr. Cooper, of .the House, voted blank. Mr. Davis, of the House, voted for Henry A. duPont. Mr. Eastburn, of the Hou~e, voted for Henry A. duPont. Mr. D. VV. Ellis, of ,the House, votecf blank. ,Mr. E. P. Ellis, of the House, voted blank. Mr. Garrison, of the House, voted for Henry A. duPont. iMr. Hanby, of the House, voted blank. Mr. Hart, of the House, voted blank. Mr. Jester, of the House, voted for Henry A. duPont. Mr. Lingo, of the House, voted for Henry A. duPont. ,. Mr. Lyons, of the House, voted for Henry A. duPont. Mr. Mahoney, of .the House, voted blank. Mr. Marshall, of the House, was absent. Mr. VV. S. ,Meredith, of the House, voted blank. .Mr. J. G. Meredith, of the House, voted blank. Mr. Messick, of the House, voted for Henry A. du:I?ont. .Mr. Miller, of· the House, voted. for Henry A. duPont. ]\fr. Murray, of the House, voted for Henry A. duPont. 26 Mr. McGinnis, of the House, voted for Henry A. duPont •. 'Mr. Pennington, of the House, voted blank. Mr. Prettyman, of the House, voted blank. !Mr. Sevier, of the House, voted blank. Mr. Smith, of the House, voted biank. Mr. Stafford, of the House, voted for Henry A. duPont. Mr. Townsend, of the House, voted' for Henry A. duPont. Mr. Vandenburg, of the House, voted for Henry A. du-· Pont. · Mr. Wilson, of the House, voted for )1enry A. duPont. Mr. Wrig1ht, of the House, voted blank. Mr. Speaker, of the Ho.tise, voted for Henry A. duPont. The vote as above ascertained having been announced, as. follows: For Henry A. duPont, 28 votes.

For John Edward Addicks, I vote. Voted blank_:._18. The President pro tempore of the Senate, declared tha.it,. ft appearing· that Henry A. cluPO'nt has received a ma­ jority of the votes cast in each House for United States Sena­ tor, and it further appe~ring that Henry A. duf>ont has re­ ceived a majority of the votes cast in the Joint Assembly of the two Houses for United States Senator, I do :hereby declare that Henry A. cluPont was and is duly elected as Uni

Senate Joint Resolution No. 2. Senate Joint Resolution fixing the time for final adjourn-­ ment of the General Assembly which, on his motion, was read .. 28,

-Mr. Sparks moved 11:'hatthe joint resolution be adopted. Ori the question, "Shall the joint resolution be adopted?" 11he yeas and nays were ordered, which being taken, were :as follows : Y eas__,Messrs. Barnard, Boyce, Houston, Latta, Lingo, Menclinhall, Monaghan, Moore, T. C., Pennewill, Rose, Sparks, Stirling, Mr. Speaker pro tempore. Nays-None. So the question was decided in ,the affirmative, and the joint resolution having received the required constitutional ma­ jority, was declared adopted. Ordered to the House for concurrence. On motion of Senator Sparks Senate takes recess until -2 P. M. same clay.

Senate reassembles pursuant to recess 2 o'clock P. 1\!L same day. Hon. Jose1:ih L. CahalI, Secretary of State, being admitted -presented for the confirmation of the Senate the appointments made by tJhe Governor since the· adjournment' of the Senate. on ·ithe 23rd clay of Maroh, A. D. ·1905. On motion of Senator Sparks·the appointments were read ·and referred to executive committee. On motion of Senator Conner the Senate resolved into ex­ ·ecutive sess"ion and the following appointments were presented 'for confirmation. 29 STATE OF DELAWARE. EXECUTIVE DEPARTMENT. Dover, Delaware, June IJ, I906~. · To 1the Honorable, the Senate of Delaware: Gentlemen : In conformity with the Constitution and Laws I have,. since the adjournment of the Senate on the twenty~thircl clay of Marc11, A. D. I905, granted the following commissions to fill vacancies 1happening in offices. I hereby nominate and ap­ point for ithe consent and confirmation of the Senate, the per­ sons so commissioned, as follows : Charles G. Wright, to be collector of Oyster Revenue, for the term of two' years from third Tuesday of February, I905. James I-I. Jones to be a Justice of the Peace in and for Kent County, for the term of four years from April I, I905. William M. Prouse to be a Justice of the Peace in and for Kent County for the term of four years from April 20, I905. Joseph B. West, to be a Justice of the Peace in and for Sussex County, for the term of four years from April 22, I905. Frank R. Householder, to be a Justice of t!he Peace in and for New Castle County, for the term of four years from April' 26, I905. Francis A. Price to be New Casitle County State Highway Commissioner, for the term of four years, from· January I,. 1905. Eli L. Collins to he a Justice of Peace in and for Sussex County, for the term of four years from June 23, I905. Joseph Alexander Bond to be Factory and Workshop In­ spector for 1!he State of Delaware, for the term of two years from July I, I905. Roman Tammany to be a Justice of the Peace in and for Sussex County, for the ,term of four years from September 7,. 1905. 30 Alfred G. Cox, to be a Justice of the Peace in and for New Castle County, for :the term of four years from September 28, 1905. Lawrence J. Broman, to be a Justice of the Peace in and for New Castle County, for rthe term of four years from Octo- ber 25, 1905. , William E. Davis to be a Justice of the Peace in and for Kent County, for tihe term of four years from December 17, -1905. George vV. Godwin to be a Justice of the Peace in and for Kent County, for the term of four years from December 28, 1905. William A. Warrington to be a Justice of the Peace in and for Sussex County, for the term of four years from January 2, 1906. Charles E. Gray to be a Detective for the State of Dela­ ware, for the unexpired term of James P. Ratledge, resigned.· George S. Butterworth to be a Justice of the Peace in and for New Castle County, for the term of four years from Febru­ ary 1, 1906. George W. Tilghman, to be a Justice of the Peace in and for Kent County, for the term of four years from February 5, r906. Andrew W. Slaymaker, to be a member of the State Board of Agriculture, for the term of 1Jhree years from Feb­ ruary 6, 1906. William Perry to be a Justice of tihe Peace in and for Sus­ sex County, for the term of four years from February 15, 1906. Oscar S. Leathers ito be a Justice of the Peace in and for Kent County, for the term of four years from March 2, 1906. vVilliam B. Tharp, to be a Justice of the Peace in and for Kent County, for the term of four years from March 29, 1906. Samuel L. Shaw, to be a Justice of the Peace in and for Kent County, for the term of four years from May 1, 1906. 31 Charles C. King to be a Justice of the Peace in and for New Castle County for the term of four years from May IO, 1906. PRESTON LEA, Governor. Mr. Pennewill, from ,the Executive Committee, reported back wit,h favorable recommendation the entire list of appoint­ ments presented by the Governor for confirmation. Mr. Lewis, Clerk of the Honse, being admitted informed the Senate that the House had concurred in the following Joint Resolution, entitled: Senate Joint Resolution No. 2. Fixing the time for final adjournment of the General As­ sembly. Mr. Lewis, Clerk of the Honse, being admitted, informed the Senate that the House urnd passed and requested the con­ currence of the Senate in t;he following Honse bills:

H. B. No. l entitled: An act to amend an act entitled "An Act to raise revenue for the State by taxing certain corpora­ ·tions," being Chapter 166, Volume 21, -Laws of Delaware, as amended and published as Ohapter l 5, Volume 22, Laws of Del­ aware. H. B. No. 3, An Act ,to provide for the submission to the vote of the qualified electors of Kent County the question whether the manufacture and sale of intoxica,ting liquors shall be licensed or prohibited within the limits of said County; and to provide a penaHy for the unlawful manufacture or sale of said intoxicating liquors.

H. B. No 2, "An act to provide for the collection of the · revenue of the State." And presented the same to the Senate. On motion of Mr. Moore, the bill (H. B. No. 1) entitled: An act to amend an act entitled "An Act to raise revenue for ,the State by taxing certain corporations," being cthapter 106, Vol. 21, Laws of Delaware, as amended and published as Chapter 15, Vol. 22, Laws of Delaware, was read a first time. 32 On the further motion of M:r. Moore, Rule r4 \.Vas sus­ pended as to this bill. And further on his motion the bill was read a second time,. by its title, and referred to the Committee on Corporations.

On motion of Mr. Conner, the bill (H. B. No. 2) entitled:. An act to provide for the collection of the Revenue· of the· .State, was read a first time. On the further motion ·0f Mr. Conner, Rule 14 was sus-· pended as to this bill. · And further on his motion the bill was read a second Hme, by its title, and referred to the Committee of the. :VVhole. Mr. Latta from the Committee on Enrolled Bills reported back as duly and correctly enrolled and ready for the signature of the President of the Senate and Speaker of the House, Sen-· ate Joint Resolution No. 2, entitled: Senate Joint Resolution fixing the time for final adjourn-· ment of the General Assembly. Mr. Lewis, Clerk of the House, being admitted, informed the Senate that the House had passed and requested the con­ currence of the Senate in the following House Joint Resolu.:.. tion, entitled House Joint Resoluition No. r, respecting 1:Jhe· passage by the Congress _of the United States of a, bill now be-· fore :that body to fix the statute of the Fif,th and Sixth regj-­ ments of Delaware Volunteers. And presented the same to the Senate. · Mr. Pennewill from the Committee on Corporations re-· ported back with favorable recommendation. the bill (H. B. No. r) entitled: An act to amend an act entitled "An Act to raise revenue· for the State by taxing certain corporations, being Chap. ro6,. Vol. 21 Laws of Delaware, as amended and published as Chap; r5, Vol. 22, Laws of Delaware. On motion of Mr. Pennewill the bill just reported wes taken up for consideration, and, on his fttrtiher motion, was read a third time, by paragraphs, in order to pass the· Senaite.. 33 On the question, "Shall the bill pass the Senate?" The yeas and nays were ordered, which being taken, were as follows: Yeas-1\ilessrs. Barnard, Houston, · Lingo, Mendinhall, Moore, T. C., Pennewill, Sparks, Stirling, Mr.· Speaker pro tempore. Nays-Mr. Boyce. So the question was decided in the affirmative, and the bill ' having received the required constitutional majority, passed · the Sena,te. Ordered that t,he House be informed ,thereof, and the bill returned to that body. On motion of Senator Sparks, Senate dissolved into Com­ mittee of the 'Nhole. Mr. Sparks from the Committee of the Whole reported back with favorable recommendation the bill (I-I. B. No. 2) en­ titled: An Act to provide for the collection of the revenue of the State.

·On motion of lVIr. P~nnewill 1i1he bill just reported was taken up for consideration, and, on his further motion, was reacl a third time, by paragraphs, in order to pass the Senate. On the question, "Shall the Gill pass the Senate?" The yeas and nays were ordered, w'hich being taken, were as follows: Yeas-Messrs. Barnard, Houston, Lingo, Mendinhall, lVIo,ore, T. C., Pennewill, Sparks, Stirling, Mr. Speaker pro ternpore. Nays-lVIessrs. Boyce, Rose. So the question was decided in the affirmative, and the bill having received the required constitutional majority, passed the Senate. Ordered 'that t,he Honse be informed thereof, and the bill returned to :that body. 34 On motion of Senator Stirling the Senate dissolved into Executive Session. Mr. Lewis, Clerk of the House, being admitted, returned to the Senate 'the following duly and correctly enrolled Senate Joi11'tResolution, the same having been signed by the Speaker . of the House and President of the Senate : Senate Joint Resolution, No. I: That the Sena,te and House of Representatives in extraor­ dinary session now assembled will adjourn without elate Thursday, the fourteenbh day of June, A. D. 1906, at r2 o'clock noon. On motion of Senator Sparks the Senate adjourns until 10.30 next day. 35

Thursday, June 14th, 1906, 10.40 o'clock A. M. Senate met pursuant to adjournment. Prayer by the Chaplain. Roll called. Members present-Messrs. Barnard, Con­ ner, Houston, Lat:ita, Lingo, , Mendinhall, Monaghan, Moore, T. C., Pennewill, Rose, Smith, Sparks, Stirling, Journal read and approved. On motion of Senator Rose the Senate dissolved in Exec- 11tive Session. Senate Chamber, June 14th, 1906. The Senate !having this day resolved itself into Executive Session for the purpose of considering tihe appointment of

Charles G. Wright 1to be Collector of Oyster. Revenue for the term of two years from third Tuesday of February, 1905. , iJames H. Jones to be a Justice of the Peace in and for Kent County, for the term of four ~-ears from April 1, 1905. William M. Prouse to be a Justice of the Peace in and for Kent .County for ,the term of four years from April 20, 1905. J o'seph B. West ito be a Justice of the Peace in and for Sussex County, for the term of four years from April 22, 1905. . . Frank R. Householder to be a Justice of the Peace in and for New Castle County, for· tJhe term of four years fr.om April 26, 1905. Francis A. Price to be New Castle County State Highway Commissioner for the term of four years from Jam1ary I, 1905. Eli L. Collins to be a Justice of ·the Peace in and for Sus­ ·sex County, for the terni of four years from June 23, 1905. Joseph Alexander Bond to be factory and workshop in­ spector for the State of Delaware for the term of .two years. from July 1st, 1905. Roman Tammany to be a Justice of the Peace in and for Sussex County for the term of four years from September 7th,. 1905. Alfred G. Cox to be a Justice of the Peace in and for New Castle County for the term of four years from September 28th,. 1905. - Lawrence J. Broman to be a Justice of the Peace in a·nd for N cw Castle County for the term of four years from Octo- ber 25t,h, 1905. · \i\Tilliam E. Davis to be a Justice of the Peace in and for Kent County for the term of four years from December 17th, 1905. George \i\T. Godwin to be a Justice of the Peace in and for Kent County for the term of four years from December· 28th, 1905. \i\Tilliam A. \i\Tarrington to be a Justice of the Peace in and for Sussex County for the term of four years from January 2, 1906. Charles E. ·Gray to be a detective for the State of Dela­ ware for the unexpired term of James P. Ratlidge, resigned. George A. Butterworth to be a Justice of the Peace in and· for N cw 'castle County for the term of four years from· Feb­ ruary 1st, 19o6, George \i\T. Tilg1hman to be a Justice of the Peace in and. for Kent County for t,he term of. four years from February 5th, 1906. Andrew \i\T. Slaymaker to be a member· of the State Board· of Agriculture for the ten11 of three years from F ebri.rnry 6,. 1906. \iVilliam Perry to be a Tustice of the Peace in and for Sus- 1:'ex County for tlie term o( four years from February I 5, 1906 .. 37 -.Oscar S. Leathers to be a Justice of the Peace in and for Xent County for the term of four years from March 2, 1906.

William B. Tharp 1to be a Justice of the Peace in and for .Kent County for the term of four years from March 29, 1906. Samuel L. Shaw to be a Justice of tlhe Peace in and for "Kent County for the term of four years from May '1st, 1906. Chad es C. King to be a J us

House Bill, No. 2_, An Act to provide for the. collection of the revenue of 1the State. · House Bill, No. I_, "An Act to amend an act entitled "An Act to raise revenue for the State by taxing certain corpora­ tions," being Chapter 166, Volume 21, Laws of Delaware, as amended and published as Ohapter I 5, Volume 22, Laws of Delaware. · Mr. Lewis, Clerk of the House, being admitted, informed the Senate that the House had passed the following resolu­ tion: Be it resolved, Tlhal. the Clerk notify the Senate that the House has completed its business and is ready to adjourn sine d~.. . And presented the same to the Senate. Mr. Sparks presented a resolution, entitled:. Senate Resolution appropriating certain mo~ey out of the State Treasury to pay the compensation of ·members an~l cer- tain expenses connected with the present Extraordinary Ses-­ sion of the General Assembly, which, on his motion, was read •. Mr. Sparks 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: Yeas-Messrs. Barnard, Houston, Latta, Lingo, Mendin­ hall, Monaghan, Moore, T. C., Pennewill, Rose, Smith, Sparks,. Stirling, Mr. Speaker pro tempore. So the question was decided in the affirmative, and the· joint resolution having received the required constitutionaL majority, was declared adopted. On motion of Senator Sparks the resolution was orderecl'. spread upon the Journal as adopted. Senate

On motion of Senator Sparks 1the Senate adjourned sine · die in accordance with a previously adopted. resolution. _"!":-,

STATE OF DELAWARE

Journal of the Senate

A 'I'. A SESSION OF 'I'HE

GENERAL ASSEMBLY

CONVENED AND HELD AT DOVER, ON TUESDAY, THE FIRST DAY OF JANUARY, IN THE YEAR OF OUR LORD ONE. THOUSAND NINE HUNDRED AND SEVEN, AND OF· THE INDEPENDENCE OF THE UNITED. STATES THE ONE HUNDRED, AND THIRTY-FIRST.

190i '!'HE DELAWAREAN PRIN'1'.' DOVER, DEL,

OFFICERS AND MEMBERS OF 'l'HE STATE SENATE

PRESIDENT ISAAC THOMAS PARKER PRESIDENT PRO TEl\IPORE GEORGE W. SPARKS SECRETARY LEVI G. STERNER READING CLERK HARRY C. JOHNSON ENROLLING CLERK PURNEL B. NORl\IAN CHAPLAIN REV. GEORGE P. SllfITH ATTORNEYS HERBisRT II. WARD, Wilmington WILLARD 'l'. Sl\Il'l'H, Delaware City J AllrnS 111.SA'l"l'ERFIELD, Dover CHARLES L. MOORE, Georgetown SEHGEANT-AT-ARl\IS SETH M. HUDSON 1~.A.GE THEODORE L. COOK l\IEllfBERS GEORGE W. SPARK8, New Cnstle County ...... Wilmington 'l'HOllfAS 11[.MONAGHAN, New Castle Connty ...... , ...... Wilmington WILLIAM H. MILLim, New Cnstle Coui\ty ...... : ...... Henry Clny JOHN llf. llfENDTNHALL, New Castle County ...... Newport- JOHN W,. MORRISON, New Cnstle County ...... Christiana DAVID C. ROSE, New Castle Connty ...... Newnrk EDWARD HART, New Cnstle County ...... Townsend 'l'HmIAS C. 11IOOIU~,Kent County ...... , ...... :...... Smyrnn ,JOHN W. HOUS'l'ON, Kent County ...... Clnyton 1rn111srrnc. BARNARD, Kent County ...... Camden WlLLlAll[ 'l' •. TESTER, Kent County ...... Hnrrington ALVAN B. CONNOR, Kent County ...... l'elton SA,rum, K REED, Sussex Connty ...... Ellendale DAVID II. BOYCE, SnsEex County ...... Laurel ,JOSEPH ILIFFE. Sussex County ...... l1Iillsbol'O'· ARCHIE B. LINGO, Sussex Comity, ...... Trinity J.ums ROWLAND, Sussex County .. ., ...... , ...... :...... Lewes·

.JOURNAL

OF 'L'HE STATE SENATE.

Dover, Delaware, January 1st, 1907. 'The :-Senate convened in regular session on Tuesday, January 1st, 1907, ·at 11.30 o'clock, A. M. Lieutenant Governor Parker in the chair as President of :the Senate. Prayer by Rev. George C. Smith. Members, present-Monag,han, Mendinhall and Rose, of New Castle County; Houston, of Kent County, and Boyce and Lingo, of Sussex County, appeared and t5>ok 'their seats. The President of the Senate appointed Mr. Houston a committee of one to inform the Judge of each County that the :Senate was ready to receive the certificates of election. On motion of Mr. Mendinhall, Mr. Moore was made tem­ por,ary Secretary of the Senate. J. Edward Goslee, Deputy Prot:honotary, of Sussex County, ·v,"f\i.D. Burton, Deputy Prothonotary, of Kent County, and 'Prothonotary Speakman, of New Castle County, appeared in the Senate Chamber with the certificates of ,election of the sev­ ,cral senators, which were read as follows: The State of Delaware, }· ss. Sussex County, Be it remembered, That at the General Election held onr the Tuesday next after the first Monday in November, in the­ year of our Lord one thousand nine hundred and six, for Sus­ sex County, according to the Constitution and Laws of the State­ of Delaware, Joseph Iliffe was duly elected Senator for Sena­ torial District number three in said County in the 'General As­ sembly, which is manifest by calculating and ascertaining tihe·· aggregate amount of all the votes given for each person voted for in all the hundreds and election districts of the county, ac­ cording to the provisions made by law in this behalf. In testimony whereof, we, Ignatius C. Grubb and VVilliam H. Boyce, the Judges .. conS'tituting the Superior Court in Sussex County, who have met and ascertained the· (seal) state' of the election thro·ughout the said cotinty, as the law requires, have hereunto- set our hands and caused the seal of the said Supei"ior Court to be hereunto affixed at th<>· Court House in· said county on this eighth. clay of November, A. D., 1906. IGNATIUS C. GRUBB,. Associate Judge. WM .. H. BOYCE, · Resident Associate· Judge •.

The State of Delaware, } ss. Sussex County, · Be it rerri.embered, that at the General Election held on the· Tuesday riext after the first Monday. in November, in the year of our ·Lord one thousand nine hundred and six, for Sussex County, according to the Constitution and. Laws of the State of Delaware, James Rowland, Jr.; was duly elected Senator for Senatorial District number five in said Cpunty in General As-· sembly, which is manifest by calculating and ascertaining the­ aggregate amount of all the votes given for each person voted'. for in all the hundreds and election districts· of the county, ac-­ corcling to the provisions made by Iaw in tli.i'soehaif. 49 In testimony whereof, we, Ignatius C. Grubb and William H. Boyce, the Judges constituting the Superior Court in Sussex County, who have met and ascertained the (seal) state . of the election throughouit the said county, as the law requires, have hereunto set our hands and caused the seal of the said Superior Court to be hereunto affixed at the Court House in said county on this eighth day of November, A. D., 1906.

IGNATIUS C. GRUBB, Associate Judge. WM. H. BOYCE, Resident Associate Judge.

The Sta 1te of Dela,vare, } ss Kent County, · · Be it remembered, that at the General Election held on the Tuesday next after the first Monday in November in the year of our Lord one thousand nine hundred and six, for Kent County, according to the Constitution and Laws of ithe State of Delaware; Alvan B. Conner was duly elected Senator for the Sena:torial District number five in said County in the General Assembly, which is manifest by calculating and ascertaining the aggregate amount of all the votes given for each person voted for in all the hundreds and election districts of the county, ac­ cording to the provisions made by law in this behalf. In testimony whereof, we, John R. Nichol­ son and James Pennewill, constituting the Superior Court for Kent County, who have · · met and ascertained the state of the election · (seai) throughout the said county as ·the law re­ quires, have· hereunto ·set rour hands and caused the seal of the saicl Superior Court to be hereunto affixed at the Court House in said county on thi~ eighth da:i of Novem­ ber; A. D. 1906. J. R NICHOLSON, Chancellor. JAMES PENNEWILL, Resident Associate Judge. The State of Dclawai"c, Kent. County; . Be it remembered, {hat at the General Election held on the Tuesday next after the. first Monday in November in the year of our Lord one thousand nine hundred and six, for Kent County, according to the Constitution and Laws 9f the State of Delaware, William T. Jester was duly elected Senator for the the Fourth Senatorial District for said County in the General Assembly; which is manifest by calculating and ascertaining the aggregate amount of ail the votes given for each person voj:ed for in all the hundreds and election districts. of the courrty;-'ac­ cording to the provisions made by law in this behalf. In testimony whereof, we, John R. Nichol­ son and James Pennewill, constituting the Superior Court for Kent County, who have met and ascertained the state of the election (seal) throughout the said county as ,the law re­ quires, have hereunto s~et our hands and caused the seal of the said Superior Court to be hereunto affixed a1t the Court House in said county on t,his eighth clay of November, A. D. 1906. J. R. NICHOLSON, Chancellor. JAMES PENNEWILL, Resident Associate Judge.

The State of Delaware, } ss Kent County, . · Be· it remembered, that at the General Election held on the Tuesday next after the first Monday in November in the year of our Lord one thousand nine hundred and six for Kent 1County, according to the Constitution and Laws of ,the State ·of Delaware, Thomas C. Moore was duly elected Senator for the First Senatorial District for said County in the General As­ sern bly; which is manifest by calculating and ascertaining the aggregate amoull't of all the votes given for each person voted for in all the hundreds and electiorr districts , of the countv, :according to the ,provisions made by law in this behalf. 5r In testimony whereof, we, John R. Nichol­ son and James Pennewill, constituting the Superior Court for Kent County, who have met and asce:rt,ained the state of the election (seal) throughout the .said county as ,the law re­ quires, have hereunto set our hai1ds and caused the seal of the said Superio'r Court to be hereunto affixed at the Court House in said county on this eighth day of Novem­ ber, A. D. 1906. J. R. NICHOLSON, Chancellor. JAMES PENNEWILL, Resident Associate Judge.

The Sta1te of Delaware, } cs Kent County, . ·· : Be it remembered, that at ,the General Election helu on the Tuesday next after the first Monday in November in the year ,of our Lord 011e thousand nine hundred and six, for Kent County, according to the Constitution and Laws of the State of Delaware, Remsen C. Barnard was duly elected Senator for the Third Senatorial District for said . County in the General Assembly; which is manifest by calculating and ascertaining the aggregate amount of all the votes given for each person voted for in all the hundreds and election districts of the county, ac­ cording to the provisions made by law in this behalf. In testimony whereof, we, John R. Nichol­ son and James Pennewill, constituting the Superior Court for Kent County, who have met and ascertained the state of the election (seal) throughout the said county as the law re­ quires, have hereunto set our hands and caused the seal of the said Superior Court to be hereunto affixed at the Court 'House in said county on this eighth day .of November, A. D. 1906. J. R. NICHOLSON, Chancellor. JAMES PENNEWILL, Resident Associate Judge. 52

The State of Delaware, } 55 New Castle County, ·

Be it remembered, that at the General Election held on the, Tuesday next after the first Mo11day in November in ,the ye,ar of our Lord nineteen hundred and six, for New Castle County,. according to the Constiitution and Laws of the State of Dela­ ware, William Henry Miller was duly elected Senator· for Sena­ torial District number three in said County in the General As­ sembly; which is manifest by calculating and ascertaining the aggregate amount of· all the votes given for each person voted for in the said Senatorial District, according to the provisions. made by law in this behalf. In testimony whereof, we, Charles B .. Lo1:e and William C. Spruance, the Judges constituting the. Superior Court in New Castle County, who have met and ,ascer­ (seal) tained the state of the election throughout the said County, as 1the law requires, have· hereunto set our hands and caused the seal of the said Superior Cour:t to be hereunto· affixed at the Court House in said County on this twelfth clay of November, A. D. 1906 .. CHAS. B. LORE, Chief Justice. ,W. C. SPRUANCE, Resident Associate Judge ..

The State of Delaware, } ss New Castle County, · Be it remembered, that at the General Election held on the Tuesday next after the first Monday in November in 1the year of our Lord nineteen hundred and six, for New Castle 'County, according to the Constitution and Laws of the State of Dela­ ware, John W. Morrison was duly elected Senator for Sena·toriaf' District number fiv,e in said county in the General Assembly,. which is manifest by calculating· and ascertaining the aggregate· amom1t of all t'he votes given for each person voted for in the· said Senatorial District, according to ,the provisions made by­ 'la-w in this behalf. 53 In testimony whereof, we, Charles B. · Lore and William C. Spruance, the .Judges constituting the Superior Court in New Castle County, who have met and ascer.: '.(seal) tained the state of the election throughout the said County, as ·the law requires, ·have hereunto set our 'hands and caused the seal of the said Superior Court. to be hereunto affixed at the, Coul't House in said County on this twelfth clay of November, A. D. 1906. CHA$. B. LORE, Chief Justice. W. C. SPRUANCE, Resident Associate Judge.

·New Castle County, } ss. The State of Delaware; Be it remembered, that at the General Election held on the Tuesday next after the first Monday in November in the year ·of our Lord nineteen lmnclrecl and six, for New Castle Countv, according to the Constiitution and Laws of the State of Dela-_ ware, Edward Hart was duly elected Senator for Senatorial Dis­ trict number seven in said County in the General Assembly, which is manifest by calculating and ascertaining the aggregate amount of aH the votes given for each person voted for in the -;;aid Senatorial District, according to the provisions made by Jaw in this behalf. In testim.ony whereof, we; Charles · R. Lore and William C. Spruance, the Judges constituting the Superior Court in New Castle County, who. have met and ascer­ ,(seal) tained the state of the election throughout. the said Countx, as ·the law requires, have . hereunto set our •lrn,nds and· caitsed the· seal of the said Superior Court to be hereunto affixed at the Court House in said County. on this twelfth clay of November, A._D. r906.

·CHAS. B. LORE, Chief Justice. W. C. SPRUANCE, Resident Associate Judge;. 54

The s_ tate of Dela,vare, ·} £rS ·· New Castle County,· '.: Beit. remeinbered, that at the General Election held on the· Tuesday next after the first 'Monday· iri November in ,the year of our Lord nineteen hundred and six, for New Castle County,. according to the Constitution and Laws of the State of Dela­ ware, George W. Sparks was duly elected Senator for Sena­ torial District nuri1ber· one in said County in the General As­ sembly; which is manifest by calculating and ascertaining the· aggregate amount of all the votes given for each person voted for in the said Senatorial District, according to the provisions. made by law in this behalf. In testimony whereof, we, Charles B. Lore and William C. Spruance, the Judges. constituting the Superior Court in New Castle County, who · have met and ascer­ (seal) tained the state of the election throughout ·· · . the said Co1.111ty,as the law requires, have hereunto set our hands and caused the seal of uhe said. Superior Com~t to be hereunto­ . affixed at the Court House in said County .on this twelfth clay of Noveinber, A. D. r906. CHAS. B. LORE, Chief Justice. W. C. SPRUANCE, Resident Associate Judge.

The State of Delaware, } ss. _ Sussex County, Be it remembered, that at the General Election held on the Tuesday next after the first Monday in November, in the year of otir Lord one .'thousand .nine hundred and six, for Sns-' . sex County, according to the . Constitution and Laws of the, State. of Delaware, Samuel E .. Reed was duly elected Senator for· Senatorial' .Disfriot number one iri said County 'in General: · Assembly; which is rilariifest by calculating and ascertaining the aggregate amoun_t of al_lthe votes given for each person voted: for in all the hundreds and election districts of the county, ac­ . ~Ording to the p~ovi'sions made by law in this behalf. 55 In testimony whereof, we,, Ignatius c_ Grubb and William H. Boyce,, the Judges constituting the Superior Court in Sussex County, who have met and ascertained the state of the election throughout the said (seal) county, as the lc1w requires, have· hereunto set our hands and caused the seal of 1the said Superior ·cour,t to be hereunto affixed at the Court House in said county on this eighth day of November, A. D., 1906. IGNATIUS C. GRUBB, Associate Judge. WM. H. BOYCE, Resident Asso.ciate Juc!ge_

The newly elected Senators appear,ed and assumed the fol­ lowing oaths of office :

The Sta•te of Delaware, } ss. Kent County, I· do solemnly swear that I will support the Constitution of the United States, and ,the Constitutio'n of the State of Del­ aware, and that I will faithfully discharge the duties of the office of Senator in the General Assembly of the· State of Dela­ ware from Senatorial District" No. l in Sussex County (to which office I was elected at the General Election held in said State in the year A. D. 1906) according to the best of my abil­ ity; and I do further solemnly swear that I have not directly or indirectly paid, offered or promised to· pay, contrib­ uted or offered or promised to contribute any money or other vahiable thing as a consideration or reward for the giving or withholding a vo'te at 'the election at which I was elected to said office. SAMUELE. REED. Sworn to this First day of January, A. D. 1907, before me GEORGE W. SPARKS, a Senator in said· General Assembly from Senatorial District No. I in New Castle County. The .Sta:.teof Delaware, } ss. Kent County, . I do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Del­ aware, and that I will faithfully discharge the duties of the office of Senator in the General Assembly of the Stai.e of Dela­ ware from Senatorial District No. 3 in Sussex County (to which which office I was elected at the General Election held in said State in the year A. D. 1906) according to the oest of my abil­ ity; and I clo further solemnly swear that I have not direc,tly or indirectly paid, offered ,or promised to pay, contrib­ uted or offered or promised to contribute any money or other valuable thing as a: consideration or reward for tne giving or withholding a vo'tt' at the election at which I was elected to said office. JOSEPH ILIFFE. Sworn to this First clay of January, A. D. 1907, before me GEORGE W. SPARKS, a Senator in said General Asserrtbly from. Senatorial District No. I in New Castle County;

The State of Delaware, } ss _ Kent County, · · I do solemnly affirm ithat I will support the Constitution of the Uni.tecl States,. and the Constitution of the State .of Del- ·· aware, and that I will faithfully discharge .the duties of the office of Senator in the General Assembly of th:e State of Dela- . ware from Senatorial District No. 5 in Kent County (to which office I was elected at the General Election held in said State in the year A. D. i:906) according to, _the best of 111) abil­ ity; and I do fm~ther solemnly affirm -that I have not directly or indirectly paid, offered or promised to pay, contrib­ uted or offered or promised to contribute ariy money or other valuable thing as a consideration or reward for the giving or withholding a vote at th<; election at which I was elected to said office.

,.~ ..,. ALVAN B. CONNER. 57 Affirmed to this. First day of January, A. D. 1907, before ·me GEORGE W. SPARKS, a Senator in said General Assembly from Senatorial District No. I in New Castle County.

The State of Delaware,·} ss Kent Cciui.1ty, · I do solemnly swear that I will support the Constitution of the United States, and :the C011stitution of the State of Del­ aware, and that I will faithfully discharge the dU'ties of the .office of Senato\· in the General Assembly of the State of Dela­ ware from Senatorial District No. 3 in Kent County (to which office I was elected at the General Election held in said State i11the year A. D. 1906) according to the best of ;11yabil­ ity; and I do further solemnly swear that I have not. directly or indirectly paid, offered or promised to pay, contrib­ uted or offered or promised to contribute any money or other· valuable thing as a consideration or reward for the giving or withholding a vote at the election at which I was elected to .said office. REMSEN C. BARNARD. I S,vorn to this First clay of January, A. D. 1907, before me GEORGE W. SPARKS, a Senator in said General Assembly from Senatorial District No. r in New Castle County.

The State of Delaware, } ss Kent County, · I do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Del­ aware, ancl that I will faithfully discharge the duties of the . office of Senator in the General Assembly of the State of Dela­ ware from Senatorial District No. I. in Kent County (to which office I was elected at the General Election held in saia. State in the year A. .D. 1906) according to _the best of my abil­ 'ity; and I do further solemnly swear that I have not ,directly or indirectly paid, offered or promised to pay, contrib- uted or offered or promised to contribute any money or other· valuable thing as a consideration or reward for the giving or withholding a vo'te at the election at which I was elected to said office. THOMAS C. MOORE. Sworn to this First day of January, A. D. 1907, before me, GEORGE W. SPARKS, a Senator in said General Assemblv from Se'natorial District No. i in .New Castle County; ·

The State of Delaware, } ss · Kent County, · · I do solemnly swear that I will support the Cons1titution of the United States, and the Constitution of the State of Del­ aware, and that I will faithfully discharge ,the du1ties of the office of Senator in the General Assembly of the State of Dela­ ware from Senatorial District No. 5 in New Castle County (to which office I was elected at the General Election held in said Sfate in the year A D; 1906) according to the best of my abil­ ity; and I do further sol_emnly swear that I have not­ directly or indirectly paid, offered or promised to pay, contrib­ uted or offered or pro~'nised to contribute any money or other· valuable thing as a consideration or reward for the giving or· withholding a vote at the election at which I. was elected to­ :.-aid office. JOHN W. MORRISON. Sworn to this First day of January, A. D. 1907, before me GEORGE W. SPARKS, a Senator in said General Assembly from Senatorial District No. 1 in New Castle County; ·

The State of Delaware, } ss Kent County, · I do solemnly swear that I will support the Constitution of the United States, and the Constitution of -the State of Del­ aware, and· that I· will faithfully discharge the duties of the office of Senator in the General Assembly ofthe State of Dela-- 59 war,e from Senatorial District NO; 5 in Sussex County (to, which office I was· elected at the General Election held in said State in the year A. D. 1906) according to the best of my abil­ ity; and I do further solemnly swear that I · have not directly or indirectly paid, offered or promised to pay, contrib­ uted or offered or promised to contribute any money or other valuable thing as a consideration or reward for the giving or withholding a vote at .the election at which I was elected to said office. JAMES ROWLAND, Jr. Sworn to this First day of January, A. D. 1907, before me· GEORGE W. SPARKS, a Senator in said General Assembly from Senatorial District No; 1 in New Castle County.

The State of Delaware, } ss. . Kent County, . I do solemnly swear that I will support the Consititution· of the United States, and :the Constitution of the State of Del­ aware, and that I will faithfully discharge the duties of the office of Senator in the General Assembly of the State of Dela­ ware from Senatorial District No. 7 in New Castle County (to which office I was elected at the General Election 'held in said Sta'te in ,the year A. D. 1906) according to the best of my abil­ ity; and I do further solemnly swear that. I have not directly or indirectly paid, offered or promised to pay, contrib­ uted or offered or promised to contribute any money or other valuable thing as a consideration or reward for the giving or withholding a vote at the election at which I was elected to· said office. EDWARD HART. Sworn to this First day of January, A. D. 1907, before me· GEORGE W. SPARKS, a Senator in said General. Assembly from Senatorial District: No. 1 in New Castle County. 60 'The State of Delaware, t ss Kent County, J ' I do solemnly swear that I will support the Constitution ,.of the United States, and the Constitution of the State of Del­ .:aware, and that I will faithfully discharge the. cltities of the . office of Senator in the General Assembly of the State of -Dela-. ware from Senatorial District No. l in New Castle County (to · which office I was elected at the General Election held in said :State in the year A. D. 1906) according to the best of my abil­ 'ity-; and I do further solemnly swear that I have not direotly or indirectly paid, offered or promised to pay, contrib­ uted or offered or promised to contribute any money or other valuable thing as a consideration or reward for tl~e giving or withholding a vote at the election at which I was elected to . said office. · GEORGE W. SPARKS. Sworn to this First clay of January, A. D. 1907, before me DAVID C. ROSE, · a Senator in said General Assembly from Senatorial District No. 6 in New Castle County.

·The State of Delaware, } s·· Kent County, u, I do .solemnly swear that I will support the Coi1stitu:tion , of the United States, and the Constitution of the Stat.e of- Del­ aware, and that I will faithfully discharge the 'duties of _the -office of Senator in the General Assembly of the State of Dela-· ware from Senatorial District No. ~ in New Ca,stle County (to· which office I was elected at the General Election held in said ·State in the year A. D. 1906) according to the best of my abil- · 'ity; and I do further solemnly swear that I have not directly -or indirectly paid, offered or promised to pay, contributed or offered or promised to contribute any money or other valuable -thing as a consideration or reward for the giving or withhold­ jng a vote at the election at which I was elected to said office. . . WILLIAM H. MILLER. 6r

Sworn to this First day of January, A. D. r907, before me GEORGE W. SPARKS, a Senator in .said. General Assembly from Senatorial. District. No. I in New Castle County.

The State of Delaware, } ss . Kent County, . · I do solemnly S'fear that · I will support the Constitu-­ tion of the United States, and the Constitution of the State· of Delaware, and that I _will faithfully discharge the d1~ties of the .offioe of Senator in the General· Assembly of ·the State of. Delaware from Senatorial District No. 4 in Kent County (to which office I was elected at the General Election held in said ·State in !the year A. D. 1906) according to the best of my .ability; and I do further solemnly swear that I have not &­ rectly or indirectly paid, offered or promised to pay, contribu­ ted or offered or promised to contribute any money or other valuable thing as a consideration or reward for the giving or withholding a vote at the election at which I was elected to" said office. WILLIAM T. JESTER. Sworn to this First day of January, A. D. 1907, before me GEORGE W. SPARKS, a Senator in said General Assembly from Senatorial District No. l in New Castle County. The same were ordered spread upon t'he Journal. Roll called. Members present-Messr,s. Barnard, Boyce, Conner, Hart, .. Houston, Iliffe, Jester, Lingo, :Mendinhall, Miller, Monaghan, .. l'doore, Morrison, Reed, Rose, Rowland and Sparks. Mr. ,Mendinha:ll moved that the Senate proceed to the elec­ tion of officers, :\i\Thich motion, prevailed. Mr. Mendinhall moved that the Senate proceed to elect a:. President pro tempore. W;hich motion, prevailed. Mr., Mendinhall nominated George W. Sparks. Mr. Rose nominated Thomas C. Monaghan. On motion of Mr. Mendinhall the nominations were closed and the Senate proceeded to ballot for President pro tempore: On the ballot :Mr. Sparks received eleven votes, and Mr. Monaghan received ,six votes. ,Whereupon the President of the Senate declared that ,George W. Sparks having received a majority of all the votes · cast, is duly elected President pro tempore of the Senate. The next in order being the election of a Clerk of the Sen­ , ate, !Mr. Barnard 111ominatedLevi G. Sterner, of, Kent County. Mr. Rose nominated T. Rosby McMnllin, of New Castle Coun­ ty. On the ballot Mr. Sterner received elev,en votes and Mr. McMullin received six votes, Whereupon the President pro tempo1'.e of •the Senate de­ . dared that Levi G. Sterner having received a majority of all ,the votes cast, is duly elected Clerk of the Senate. The next in order being the election of a Reading Clerk. Mr. Moore nominated Harry C. Johnson. Mr. Rose nominated A. E. Wells. On the ballot 'Mr. ]ohnson received eleven votes and Mr. ·Wells six votes. Thereupon the President pro tempore declared that Mr. Johnson having received a majority of all the votes ca'lt, is duly ·.elected Reading Clerk of ,the Senate. The next in order being the election of an' Enrolling Clerk. Mr. Rowland nominated P. B. Norman. Mr. Morrison nominated Alvin B. Currinder. On the ballot Mr. Norman received eleven votes and Mr. ·Currinder received six votes. Whereupon the Presrdent pro .tempore dedared that Mr. Norman, having receiv,ed a majority of all the votes cast, is duly elected Enrolling Clerk of the Sena'te. The next in order being the election of Sergeant-at~Arms ,of the Senate. ·· Mr. Iliffe nominated Seth M. Hudson. Mr. Boyce nominated William I-I. Phillips. Upon the ballot Mr. Hudson received eleven votes and Mr. ~Phillips received six votes. Whereupon the President pro tempore declared that Mr. -Hudson having received a majority of all the votes cast, is duly elected Sergeant-at-Arms of the Senate. The next in order being the election of a Chaplain. Mr. Houston nominated Rev. George P. Smith. Mr. Jester nominated Rev. S. B. Hiley. On the ballot Rev. George P. Smith received eleven votes sand Rev. S. B. Hiley received six votes. Whereupon the President pro tempore declared that Rev. George P. Smith having received a majority of all the votes · cast is duly elected Chaplain of the Senate. The next in order being .the election of a Page of the Sen- : ate. · Mr. Conner noJ11inated Theodore L. Cook. Mr. Rose nominated Charles C. Swain. Upon ,the ballot Theodore L. Cook received elevei1 votes · and Charles C. Swain received six votes. Whereupon the President pro tempore declared that Theo­ . dore L. Cook having received a majority of aH the votes cast. is duly elected Page of the Senate. The various officers then appeared and assumed the fol­ ]owing oaths ·of office : The State of Delaware, } ss. · Kent County, I do solemnly iswear ,that I will .support· the Constitution. of the United States, and the Constitution.of the State of Del­ aware, and that I will faithfully discharge the duties of President pro tempore of the Sena,te of the Gene~al Assembly . of the State of Delaware from Senatorial District No. 1 in New. Castle County (to which office I was elected at the General Election held in said State in the year A. D .. 19o6) according to· the best of my ability. • · GEORGE ·w.1 SPARKS. Sworn to this First day of January, A. D. 1907, before me. ALVAN B. CONNER, a Senator in said General Assembly from Senatorial District:- No. 5 in Kent County. · Mr. Sterner being presented assumed his du.ties· after tak-· ing the following oath: · The State of Delaware, } ss Kent County, · I do soiemnly •swear that I will support the Constitution, of the United States, and the Constitution of the State of Del­ aware, and that I will faithfully discharge the duties of ' the office of Secretary of the Senate in the General Assembly· of the State of Delaware. LEVI G. STERNER. Sworn to this First day of January, A. D. 1907, before me .. . GEORGE W. SPARKS, a Senator in said General Assembly from Senatorial District' Nb .. 1 in New Castle Co.unty. . Mr. Johnson being presented ass~tmed his duties 'Jfter tak-· ing ·the following oath: T.he Stalte of Delaware, } ss. . Kent County,. . . l do solemnly ,swear -that I will suppqrt the Constitutioil· . 65

of the United States, and the Constitution of the State of Del­ aware, and that I will faithfully discharge the duties of office of Reading Clerk of the Senate of the State of Delaware. HARRY. C. JOHNSON. Sworn to this First day of January, A. D. 1907, before me. GEORGE W. SPARKS, a Senator in. said General Assembly from Senatorial District No. I in New Castle County. ·

Mr. Norman being presented assumed his duties after tak­ ing the following oath: The Staite of Delaware, } s~ Kent County, · · I do soiemnly. ,swear that I will support the Constitution of the United States, and the Constitution of the State of Del-· . aware,· and that I will faithfully discharge the duties of the office of Enrolling Clerk of the Senate of the State of Dela- · ware. PURNEL B. NORMAN. Sworn to this First day of January, A. D. 1907, before me. 'GEORGE. W. SPARKS, a Senator in said General Assembly from Senatorial District No. I in New Castle County.

Mr. Hudson being presented assumed his duties after sub­ ·scribing to the following oath: The Staite of. Delaware, } ss Kent County, · I do solemnly swear ·that I will support the Constitution of the United States, and the Co.nstitution of ·the State of Del­ aware, and that I will faithfully discharge the duties of the office of Sergeant".'at-Arms of_ the Senate of the State of Delaware. SETH M. HUDSON.

5 Sworn to this First clay of January, A. D. r907, before rrte. GEORGE W. SPARKS, a Senator in said General Assembly from Senatorial District No. r in New Castle County. Mr. Conner offered the following resolution, ·which, upon his motion, prevailed. Be it resolved bv the Senate that the Secretarv of the Sen­ ate is instructed to ·notify the House that the S~nate is duly and regularly organized and has elected George W. Sparks, President pro tempore, and Levi !G. Sterner, Secretary, and is ready to proceed to business. :Mr. Rowland offered the following. concurrent resolution, W:hich, on his motion, was adopted. Be it resolved by the Senate that the President is hereby authorized and directed to appoint a committee of two on the par,t of the Senate with a like committee of three on the part of the House, .which committee is hereby instructed .to notify the Governor that both •Houses of the General Assembly are duly organized and ready to receive any communication he may send them, and the Secretary is instructed •to notify the House of Representatives of the adoption of this resolution, and the· names .of the Senators so appointed by the President, members of said committee on the part of the Senate, be communicated tc the House by the Senate. · Messrs. Moore and Monaghan appointed members of said committee. Mr. Miller offered .the following resolution,

vV.hich, 011 his motion, prevailed. Be it resolved, That the rules of the last· Senate shall be -adopted until the permanent rules to be_prepared and presented by the Committee on Rul-es shall have been adopted. Mr. Reed offered the following resolution, Which, on his motion, prevailed. 67 Be it resolved .by the Senate tihat !the Secr,etary of the Sen­ ate be and is hereby authorized to procure from the said com­ mittee all 1the necessary blanks, for~s and record books. Mr. Barnard offered the followhig resoltttion, Which, on his motimi, pr,evailed. · Be it resolved by the Senate, That the privileges of the ·floor be accorded to ex-members of the Senate, members and ,ex-members of the House of Representativ.es, Governor and other State officers, Representatives in Congress, members of the bar, women and representatives of the press, and that the bar of the Senate during the sessions .of the Senate shall be privileged to ,the members of the Senate, House of Representa­ rtives, Governor and other State officers, Representatives in ·Congress and representatives of the press only, except on spe­ cial motion when any one may be accorded said privilege by the Secretary of. the Senate, at which time the length of dura­ tion of the privilege shall be stated in the motion. , Mr. Houston offered the following resolution,

,vhich, 011 his motion, pr,evailed. Be it resolved, That the following standing committees, to ·be composed of five members each, be appointed by the Presi­ .dent pro tem pore to act as standing 1 committees : A Committee on Corporations. A Committee on Cities and Towns. A Committee on Educa,tion. A Comi11ittee on Claims. A Committee on Finance. A Committee on Agriculture. A Committee ·on Elections. A Committee on Printing. A Co1pmittee on Accounts . .A Committee on Revised Statutes .. · 68

A Committee on Fish, Oysters and Game .. A Committee on Judiciary. A Committee on Enrolled Bills. A Committee on Vacant· Lands. A Committee on Insurance and Banking. A Committee on Rules. A Committee on Public Buildings and Highways. A Committee on Execntive. · Mr. Lewis, late Clerk of the House, being admitted, pre-­ sented the following resolution: Be it resolved by the House of Representatives, That the· Clerk of the Hot1se is hereby instructed to 11otify the Senate that the House i1s duly and regularly organized and has elected' Richard Hodgson, Speaker, and William J. Swaine, Clerk. Mr. Swaine, Clerk· of the House, being admitted, informed' ,the Senate that the following concurrent resolution was con- curred in: · Concurrent resolution, No. r. Be it resolved by. the Senate tihat the President is J1ereby authorized and directed to appoint a Committee of two on the part of the Senate, wHh a like committee of three on the part of the House, which committee is hereby instructed to notify the Governor that both Houses of the General Assembly are· duly organized and ready to receive any communication he may send them and the Senate Secretary is instructed to notify the House of Representatives of the adoption of this resolution,. and the names of the Senators so appointed by the President. 1V1'embersof said committee on the part of the Sencl}teto be, communicated to the House by the Senate. Messrs. 'Moore and Monaghan appointed members of said. Committee on the part of the Senate. On motion of Mr. Mendinhall the Senate takes recess until'. 2 P. M. the same day. 69

Same day, Tuesda.y, January 1st, 1907:-2 P. M. The Senat,e met pursuant to adjournment. On motion of Mr. Conner a committee of two was ap­ -pointed to notify the State Auditor that the Senate was duly ·organized, and ready to receive any communication he may -have to present. Messrs. Conner and Hart were appointed pursuant to the :above motion. Honorable Joseph-L. Cahall, Secretary of State, was an­ nounced, a'l1Clon being admitted, presented the bi-ennial mes­ ·sage of Governor Lea, and accompanying documents. On motion of Mr. Mendinhall the Goven1or's message was ,ordered read and spread upon the Journal as follows: 70'

GOVERNOR'S MESSAGE.

STATE OF DELAWARE. Executive Department .. To the General Assembly: . · In obedience to the constitutional mandate requmng the: Executive to ''give to the General As,sembly information of af­ fairs concerning the State and recommend to its consideration. such measures he shall judge expedient", I submit to you my bi-ennial message containing such information concerning the State and its affairs. which appear of greatest moment, accom­ panied by such recommendations and suggestions for ,the bet­ terment of the laws and public service as seem to me to be­ w1se. During the past two years I have endeavored to acquaint myself with the affairs of the State. Where I could find any method of conducting i,ts affairs in a more expeditious or eco­ nomical manner consistent with the statutes, I have not hesi­ tated to make suggestions and have found such suggestions readily accepted by the several officers. During this period I am pleased to say I have failed to find any waste of the public funds. The several State officers and Boards have been zealous in itheir efforts to secure to the public full value for all funds. disbursed. The first subject to which I deem it my duty to invite your· attention is the finances of the State, a statement of which, fuller in details than that herewith presented, may be found in the sev­ eral reports of the State Treasurer and Auditor of Accounts, which reports comprise all the facts and information essential to a comprehensive understanding of this important subject. The expenditures of the State have steadily increased dur­ ing foe past fifty years. 71 This enlargement of p1.1blicexpenditure is confined to no state or nation but is responsive to a well defined tendency, of modern times. A careful analysis· of increased expenditures. in this State demonstrates that such increase has arisen from· efforts to render public service more effident, ,the amelioration of condi­ tion of State wards, and the extension of State aid for educa­ tional, scientific, charitable and benefiGent purposes. .While ithese appropriations have been neither lavish nor wasteful in the past, the time has arrived for caution to call a hait and stern ne­ cessity to check further increase. Enlarged revenue only can justify any materia) increa,se in­ State 'expenditures. Rigid economy in public affairs would receive a healthy impulse if. the General Assembly would exercise the greatest care in the appropriation of. money a11d advocate. only. those measures, involving the expenditure of public funds, which will commend theniselves to the approval · and public spirit of the citizens of .this State. I recommend that before any appropriations be determined upon, you ,should secure from the State Treasurer a: statement of the probable receipts for the two years next ,ensuing, the fixed charges against the public foi1ds, and make aII other ap­ propriations with the view of avoiding a deficit. In the near future the expenditure of incr-eased sums of money must be made, not for public improvement alone, but principally for public necessities. The demands. are urgent and real, all of a pressing public natur,e, requiring active measures to be taken to. provide for them, and, if possible without resorting to direct State tax. Our sister States furnish us object lessons in increasmg revenues, and in methods of taxation which methods are no long,er 'experimental. . Our revenu~ system should be !corporated in one com­ prehensive, adequate and thoroughly fair measure which should be couched in language so simple t,hat everyone might readily · understand the same. 7.2

The General Assembly w:ill probably not continue its pres­ ent session more than the Constitutional limit of sixty days. If you should be unable during that time to fully consider and en­ act proper and adequate law in relation to the revenue of the State, I would suggest that a Joint Committee of the Senate and House be appointed to frame such law and instructed to re­ port at an adjourned session of the General Assembly to be held in November of the present year. The license tax on the manufacturers and distiUers of al­ coholic liquors and the brewers of malt liquors should be so in­ Cl eased that the returns to the State would be measurably com-, rnensurate with the cost of protection and the added burden upon the State arising from disorders growing out of the vend­ :ing within this State of the products of such enterprises. I would recommend that such legislation be enacted which will effectually remedy the defects in the present law and extend the excise system so as to include the above named businesses. Licenses issued for the sale of intoxicating liquors ( other than those issued to druggists) are of two classes, one to sell in large quantities and the other to sell in small measures. The latter class pay two or three times as much tax as the former. This you should equalize and adjust. The law peri11itting the sale of liquor in quantities less tha.n one quart to be drunk off the premises where purchased should · be repealed. · I.n making this rec01'nmendation, I am not unmindful of the constitutional provision in reference to local option .. ·whether you shall provide by law at the present session for the submis­ sion of the question of the sale or no sale of intoxicating liquors, the sale of liquor is bound. to continue in this State for tvvo years more.· AUTOMO,BILES. The protection of the public against careless and. reckless motorists has rencl,ered necessary a revision of tlie present law touc•hing Motor Vehicles. Accidents arising from automobile driving are frequent. Excessive speed is the chief cause and inspir,es the dread and 73 1>rejudice on the part. of the travelling public against automo- biles. · . . ·• As a vehicle of utility .the ai.ttomobile should be ~ecognized as possessing the same right as pollothe.r vehicles ju the use of ,our· highways, sutifect ho:\vever to. certai11 .restrictions inheri­ •ent in the character of these machines .. I recommend that the present law be so amended that it _-provides, ist. For an annual payment of a license fee of $5.00 by the ,owner of every motor vehide. 2nd. For an annual payment of a license fee of $2.00 by. ,chauffeurs. · 3rd. -For the revocation of all licenses, under proper re- . .striction, tipon proof that licei1see is an incompetent or reckless .. driver. · · · 4th: For t'he employment by every person incompetent to run a motor vehicle of a licensed chauffeur., 5th. For the paym.ent of all such license fees, together wtth .all fines and forfeitures imposed under rthe provisions of this ·1aw, to the State Treasurer who shall carry such funds to a ·highway improvement fund to be expended pursuant to a ·proper highway improvement statute. Pecuniary penalties have not proven effective ·in checking -reckless and careless driving. Fine and imprisonment has been demonstrated to be the only effective check, fine for the first· ,offence· and fine and imprisonmerit for all subsequent offences; OYSTERS. That portion of State property adapted to the propagation -of shell fish has been operated by private interests with little or no regard to the rights or revenue of the State. The ·net receipts to the Stak arising from this source have ··materiallv increased. The revenue· to the State could· under a· --comprehensive and understandable law, be further increased. I submit that the present statute should oe repealed and a ·:full and comprehensive statute relative to Oysters be enacted,· 74 which would. afford adequate ·protection to the Sta'te interests:·. and avoid undue hardships upon the present lessees of oyster plantations. · The laws enacted at !f!heIast·session of the General As-· seinbly have been but Iititle improvement over the laws· then in. operation. Any statute enacted should provide ·for a resm;vey of the: natural rocks and beds adapted to oyster culture, which survey with plots should be filed and recorded in .permanent form ; for· the appropriation of funds sufficient to. make si1ch survey and. plots; for the leasing of such land for definite periods and for.­ the. adequate protection to all lessees. DEPOSITS AND DEPOSITORIES. The proper dispositio11 of public fm~ds, awaiting t'h~tr .dis-­ bursement, is a practical question, and as we increase in popula­ tion and wealth, grows in impo1,tance. Private fonds on deposit in Banks and Tn~st Co~panies under certain conditions are allowed by such financial institu­ tions interest thereon. Public· funds under like ·.conditions should be a source of revenue to ,the public rather than private· interests · only. The· public: money should be immediately available for· public wants ·but under different condi;tioi1s and· safeguards than those which obtain .under the present laws. and practice. · In order tthat the State and County funds on: deposit may receive an income from· their deposits I urge your favorable· consideration of a statute which shall· provide, among other things: . 1st. That the State and County Treasurers be required,. under penalty of forfeiture of office; to deposit' all pi.1blic funds in approved depositories ; · - · 2nd. That the public funds, bot'h State and County,. un- · der 1the control of the 'various· treasurers, be awarded for de- posit to approved depositories; · · · ·. · · 3rd. Ti1at the Governor, Se~r~tary of . Stafe, . Auditor ~r­ Accouri1ts a1rd Insurance Commissioner be constituted ·-a com­ mission to determine. -the' depositories .for the. State and· Coun~:. 75 ty funds and the proportion of ptlblic Hmds each · depository may· receive; 4th. That each approved depository shall be chargeable with 2 per cent. on 1Jhe daily "balances and at stated periods credi>t the accounts of such treasurers with the accumulated in­ terest on such funds. BOND· ISSUE. The loan· of 1887 for $250,000.00 will mature June 1st: nex,t. Yon slhould early in the •session en.act the necessary legislation which will enable the State to refund this loan in ample time to meet the maturing obligations of •the State. It mig;ht be well for you to investigate and consider ;the advisa­ bility of disp-osing of certain railroad mortgages held by the. State and with the proceeds thereof liquida·te the said .loan of · 1887 rather than issue a new series of bonds. ASSESSMENT AND TAXATION. Pern1it me to call your aUcntion to tJhe inequality of as­ sessments, which, under our present law, will never be more: equably made but which fo a large nieasure tnay be corrected by the crea 1tion of a State Board of Equalization. It is a well recognized fact that local .influences upon the Assessors result in each Assessor estimating the assessable value of property -at a different per centum of its true or rear value, so that there has become a varying value from forty •to one hundred per centum of value named in the several dis­ tricts. There is now under the law 110 adequate power to equalize · t!l1e assessment of one district as compared with another, of one group of districts with o-ther groups. It is a matter of vital importance that the valuation or property should be equalized and made in accordance with a. certain· fixed and 'definite ·rule, thereby making all asses'sable· property contribute its share towards gove1'nmental protec­ tion. The experience of other States has demonstrated that a Board of Equalization has. afforded the greatest ..measure of relief from this hardship than any other suggested. I suggest that fhe final determination of the equalizatiotT: ,of a:ssessment should not be left in ,the hands of any individual •or board which expends t,he funds arising from such assess­ .ment and taxation. WEIGHTS AND MEASURES. Under present provisions of law the weights and mea­ .sures, us;ed in the street markets and market houses in the City of ·Wilmington, are required to be inspeoted and stamped, "annually, by the Clerk of the Market of that city, and all other weights and measures used in the city are required to be in­ :spected by the Sealer of W eig1hts and Measures of New Cas­ tle County. I would suggest ,that this be remedied by a law ·providing for the complete inspection of all weights and mea­ sures used in the City of Wilmington to be made by the Clerk ,of the Market of said city. There have been many complaints recently that short weights and measures are used in said city. It is possible .that this results from a confusion of in­ spections .. 'Dhe. 1aw on this subject should be so amended as ·to prevent this and provide adequate penalties for violation:>, :thereof. STATE INSTITUTIONS AND WA'RDS. The biennial report of the Delaware State Hospi-tal at Farnhurst gives in detail all the operations of that institution ;for the past two years ; describes the condition, habit and life ,of ,tihe inmates and the methods of treatment; shows the hy­ ·gienic condition of buildings and contains many valuable rec~ ,ommendations. Accurate knowledge of t!he work being done at this insti­ tution would dissipate many misconceptions relative. thereto. 'The annual increase of population in this institution has kept ·apace with increased population of the State. The policy of the Board of Tmstees, Superintendent and ,corps of assistants is wise, broad guaged and economical. The specific requests for legislation should receive your :attention. The indigent deaf, dumb and blind children of this State ·have never received that degree of care and attention which :their misfortune demands. 77 Increased appropriations, if compa!tiMe with the state of. public rev.enue, should.be made. The number to be placed in the various schools outside of: this State should be limited only by the amount appropriated, by you and the capacity of said institutions. · The excellent result of past expenditures by this State can-­ not be measured. Tlhe burden of· properly caring for ithese:· unfor.ttmate State wards must be largely met by the public. EDUCATION. Too much cannot be said. in favor of appropriations for· public school purposes. No funds, appropriated by the State, .. where wisely and judiciously expended,. have returned equally valuable results to the general public. The long established policy of ,the State of rendering as-:­ sistance to the greatest possible extent to the various scl10or districts in the establishment of an effective and long term school year should be continued and a fur,t,her enlargement,. consistent with State revenue and public necessities, is most: desirable. The State Board of Education has ma·oe several recom'­ mendatiops looking to the improvement of the system which· should receive your careful attention. NATIONAL GU.A'.RD OF DELAWARE. The State has been most fortunate in securing and so long retaining the services of the present capable corps of officers. and men constituting the State Militia. It is an organiza,tion our State may well be proud of. During the past two years two successful encampments· have been held near Newark and last year a provisional 'Bat-- 1talion participated in the United States Military mai1oeuvers at ,Mt. Gretna. It has been my duty as-well· as my J_:>l'easureto participate· in each of said two encampments at Newark, spending the en­ tire period in the field with the Militia. This afforded me op­ portunity to continuously. observe the discipline maintained ancF the daily operations and exercises of the Militia. The conduct- of officers and men during each encampment aroused unusual interest and elicited praise on the part· of the public. Tihe ex- 1perience of 1:Jhepast few years has demonstrated the fae,t ttention. TUBERCULOSIS. Experts assert, and the public generally believe that much may be done by modern methods, systematicalli pursued, to prevent the spread of 'this prevalent scoifrge. It has been de­ monstrated that wHh proper treatment the disease is prevent­ able, and, in the early stages, curable. That it is· infectious is ,equally well recognized. So

. It is ~ proper subject for investigation and intelligent legis­ lative action. I, therefore, recommend for your favorable con­ sideration the advisability of creating a commission, with or without pay, as in your judgment may be best, to inquire into the best means of dealing with 'this scourge in an economical and efficient manner, and report to the Governor as soon as. possible the resi1lts of its investiga•tion. GOOD ROADS.· The matter of providing and maintaining good roads is 0£ the most vi:tal importance to our people. Roads are an abso­ lute necessity to the farmers of our State and they should have ,the best that we can afford. The several counties of the State raise, annually, by taxation for road purposes, a considerable sum of money Which under our presen:t system is spent under the direction of the differe111tofficers in the different hundre4s .. All this money should be expended on the roads in pursuance to a. fixed standard of roads adapted to the different localities of the State an under one central authority. The money so­ raised .should be spent in the maintenance of the roads after they have been either originally buiit or improved along mod­ ern scientific lines. Probably one of 1!he best investments the State could make would be the expenditure annually of as much money as its resources will afford in the construction and improvement of good permanent roads. When these are once so built, the cost of maintenance i,s small compared with what is now expended on our present roads. Many of the States. have provided for the e~penditure of millions of money in the improvement and constr1..1ction of modern roads. I recognize ,that, owing to the peculiar conditions of our State, the same· kind of roads are not adapted to ifs different localities. We should investigate tihi,s matter fully and thoroughly and adopt what is the most economical standard or standards of con-­ struction and maintaining our roads, having in mind uhat the· cheapest is not the best. The end desired is the best perma­ nent roads we can get, sui:ted to our conditions, at the lea,st reasonable expense. In New Castle County certain roads have· been improved along modern lines and I am informed that these roads are entirely satisfactory and highly commended bv travellers 1!h~reoi1. What has been clone in that County under existing provisions of law during the past :two years will Sx appeat~ to you by the report of the New Castle .State Highway Commissioner, submitted to you by him. I recommend this subject to your careful attention and while we cannot expend lthe same amotint of money that--otlier States are able to, yet by expending annually a certain fixed amount as above suggested, we can accomplish much in a very few ye~rs. EPIDEMIC DISEASES· IN ANIMALS. For the last two or three years certain portions of the State have suffered from tihe Anthrax plague. Ji.1st how or when tihe disease was first introduced into the- State is not defi­ nitely know1i. Its _eradication' is the pressing problem. For­ tunately its presence was soon discovered and by the persis­ tent endeavors of the State Board of Agriculture 'has been con­ :fined,,to a limited area within the State. The recurrence of ,this trouble the coming year is imminent, threatening a heavy loss to the farming· interests of 1!hat portion of the State now af­ fected and a probable widening of the affected· districts. I,t .behooves you; therefore, 'to take into careful considera­ tion mea·sures which ,.vill effectually prevent its annual recur­ rence, and if possible finally to eradicate the plague. The re­ port of the State Board of Agriculture contains a full statement · of disbursements of the funds appropriated for this purpose. ' . I am pleased ,to note thalt the appropriations have met the bills incurred during the current year. ENCOURAGEMENT pF I1VIMIGRATION.

1 It seems desirable in the opinion · of many of our most practical farmers that continued efforts to encourage immigra­ tion into the State should be made. Tihe Act passed in 1903 was in force bult two years, which, in the opinion of many, was an insufficient length of time to bring about the· results contemplated. Every encouragement · should be given to induce practical farmers and farm labor to settle in our midst; therefore, I recoi11111endthe re-enactment. of Chapter No. 333, Volume No. 22, Laws of Delaware, en­ titled, ''An Aot for- the encouragement of immigratiton, al'ld to foster the agricultural interest of the State." 6 STATE BOARD or HEA~TH. 'Dhe State Board of Health established under a provision of our Constitution with laws regulating its duties is looked upon as a necessity. Happily no serious epidemic has occurred during the past !two years to require its att~ntioti. I am pleased to refer you to its full and complete report and ask you to give it your careful consideration. ST AT~ PRINTING AiND SUPPLIES. I recommend 1ihat the Act creating the Board of State S,upplies be so amended that said Board be given a contin­ gent fund ,to be expended in the employment of a person pos­ sessing the necessary technical skill to assist said Board in ren­ dering more efficient the operations under the provisions of said Act. I regard 1ihe necessity for reform in the methods of distri­ bution o~ supplies for the General Assembly an imperative duty. You should enact such measures relative to such supplies which . .will render effective the provisions of the .Constitution in that behalf. I recommend that •the State Librarian be made the· cttsto­ dian and dispenser of all supplies, who should be authorized to . deliver to any State officer any supplies in ihand upon the de­ livery to said Librarian the cost value thereof, or a contingent fund warant therefor ; and who should be directed to open an account with each member of the General Assembly, credit such account with the sum of $25.00 as provided by the Constitution and charge all supplies furnished every such member of the General Assembly pursuant to a proper· vouoher, provided the .aggr,egate shall not exceed said constitutional limit. PARDONS. I recommend tha,t you enact such measures ,which shall -provide for recording in the office of the Secretary of State of all remissions of fines and forfeitures, reprieves, commutations of sentences and pardons and that such record or a duly certi­ fied copy thereof shall be admitted as evidence in the Courts of this Sta,te. 83 OATHS OF OFFICE. The law relative to recording the official oatlhs of all State ::and Countv officers. should be amended so that record evidence -Ofevery st1ch oath could be obtained from one State officer; or :a r·ecord of said oath be made at the same time and place as the ··Commission of .said officer. COURTS AND JURORS. Experience in our· sister States and in the Federal Courts has demonstrated. that, in the administration of justice by Courts, the best, least expensive and most satisfactory results are i::eached, wlhen the jurors of the Courts are selected under the supervision of 1!he Judges. The jurors of the Courts who are summoned for the trial of cases should not be required to serve more than two weeks during any one term of the Court. The Courts, or the judges thereof in vacation, should be au­ thorized by law to convene any of our courts upon a short no­ tice ai1d empowered to have drawn and summoned the Grand and other jurors required for ·such special terms. I recommend that tihe law be so amended to carry these suggestions into ef­ fect, this will secure expeditious . trials of criminal and other cases and produce speedy and desired judicial determination of ,such 1natters. RBGISTRATION. The constitution requir,es as a prerequisite payment of one dollai- registration fee by each elector biennially. This regis­ tration fee has long been deemed an unwise tax upon the elec­ torate of the State. I recommend the adoption at this session 'Of the General Ass,embly the Constitutional Amendment pro­ posed at the Session of 1905 entitled "An Act proposing an -amendment to Section 4 of Article V, of the Constitution of this 'State by striking out of said Section all thereof which requires the payment of money as a qualification to register," this mea­ sure having been approved by the party conventions represent­ -ing practically the entire electorate. of the State. ELECTIONS. The so-called Australian. ballot law in operntio1i. in this ·state is expensive, burdensome, and unsuited to :the temper of: ,our people and times. It affects neither secrecy nor protection to the poorly educated, nor safety tt? the independent elector who may desire to vote for his choice 'of candidates. The blanket ballot should be supplanted by a ballot of uni-­ form size and color, printed upon uniform paper furnished by a public officer, and should contain only the nominees of one. party, with opportunity for the elector to examine and prepare­ such ballot prior to entering the election room for the purpose of voting. The election laws should. be so simple and clear that Vo­ ters' Assistants would be unnecessary. The present system. was such an innovation that Voters' Assistants were deemed, necessary and sudh officers were accordingly provided for in the'. original statute. Later when it was thought that the necessity for such officers had ceased the General Assemblv so amended. the said Act that the office was abolished. T,he excessive num­ ber of ballots rendered void because of failure on the part of electors to comply with the strict letter of !~he law in marking; their ballots gave rise to the necessity for the restoration of said office. The time has arrived when Vo:ters' Assistants for· any cause should be deemed unnecessary for any person. Many feaitures of tihe present system may well be be re­ tained, as they make quiet, peaceful and orderly elections, which" all desire. JURISDICTION AND LIMITS. I received from the Secretary of State of the United States- 11l1efollowing letter, which sufficiently explains the position of the Federal Government in reques 1ting the State of Delaware to, cede a certain definite portion of the bed of the Delaware River· to the United States: "His Excellency, the Governor of Delaware, Dover. Sir:- Tihe Secretary of War advises this Department, under elate· of the 27th instant, that it has been found necessary, in carrying· out:the improvement of the Delaware River under authority of Congress, to construct a bulk1head around portions of wha:t are known as "Dan Baker" and "Stony Point" shoals, so as ·to form a basin within which to deposit the material dredged from the· .,r;hannel. 'When completed this area will form an island which 'it is thought important to have in the possession and under the ,control of the Federal Government. · It appears that the area is in the bed of the river between ·the States of Delaware and New Jersey, nearer to the New Jersey shore, and that it therefore belongs to one of these two States. In compliance witih Secretary Taft's request, I have the ·honor to ask yon to be so good as to lay the matter before the Legislature 'Of the State of Delaware, at the earliest practicable ,elate, with a view 'to securing such action as may be necessary ·to vest in the United States a title to that part of Nre river bot-· ·tom on which the aforesaid island is to be constructed. I enclose a map and description of the submerged Janel, and 'have sent a letter similar to t:his to the Governor of New J er- :sey. I have the honor to be, Sir, Your obedient servant, ELIHU ROOT. -Enclosures:

Enclosures 111 letter from Secretary of \,Var I March 27th, ·1906." JAMESTOWN EXPOSITION. The. General Assembly of Virginia in 1904 adopted resoltt­ ·tions reciting tihe settlement made at Jamestown, May 13, 1607, and declaring for the commemoration of :the event by an inter­ ·national exposition on the shores of Hampton Roads. The res­ ·olntion inter alia, said: "Resolved, by the House of Delegates, the Senate concnr­ Ting, t1hat the Governor- of this State be, and he is hereby an~ t110rizecl and requested, for and on the part of the Common­ weal'tihof Virginia, to at once invite the co-operation and assis­ tance of each and every other State of •the Union, in order that each of them adopt the necessary measures ~o be suitable and :appropriately represented at the said Exposition." The Governor of Virginia, in inviting the co-operation of -:the several States, said : 86

"Resolved, by ,the House of Delegates, the Senate concui-­ ring, that the Governor of tJhis State be, and he is hereby au­ thorized and requested, for and on the part of the Common­ wealth of Virginia, to at once invite the co-opera:,tion and as­ sistance of each and every other Sta,te of the Union, in order that each of them adopt the necessary measures to be suitable· and appropriately represented at the said Exposition." Tihe Governor of Virginia, in inviting the co-operation of the several Sta,tes, said: ''I venture to suggest that the commemoration in question is of extraordinary significance, as the landing at Jamesitown was the first settlement of the English speaking people on this Continent by nearly fourteen years; indeed, as a result of this settlement Virginia was an organized colony with an elective Legisla 1tive Assembly nearly two years prior to the landing of the rheroic Pilgrims at Plymouth Rock. Therefore, tJhis settle­ ment is the genesis of our national government, and the origi­ nal source of forces which have entered mightily into the fabric and growth of our Republic. "It is hoped that the magnitude of t

Albany, March I, 1906. Whereas, it appears from the investigation recently made by the Senate of the United States, and otherwise, that polygamy still exists in certain places in the United State nothwistanding prohibitory statutes enacted by the several States thereof, and \Vhereas, the practice of polygamy is generally condemned by the people of the United States and there is a demand for the more effectual prohibition thereof by placing the subject under Federal jurisdiction and control, at the same time reserving to each State the right to make and enforce its own laws relating to marriage and divorce; now, therefore, .

. .Resolved (if the Assembly concur), That application be and. hereby is made to Congress, under the provisions of article. five · of the Constitution of the United Sta·tes for the calling of a con­ vention to propose an amendment to the Constitution of the United States ,vhereby polygamy and polyganious co:.habi

In Assembly, lVIaroh 2, 1906. Concurred in without amendment. By order of the Senate, LAFAYETTE B. GLEASON, Cleric By order of the Assembly, A E. Baxter, Clerk.

Office of the } Secretary of State. ss. :Sta:te of New York, The foregoii1g is a true copy of a concurrent resolution· of i:he Senate and Assembly of the State of New York, filed in this ,office March 6th, 1906. Given under my hand and the seal of Of­ fice of the Secretary of State, at the City of (seal) Albany, this hventieth clay of March, in 1!he y_ear one U10usancl nine hundred and SlX. JOHN F. O'BRIEN, Secr'Ctary of State. VALLEY FORGE PARK COMMISSION. I have received the following communication from Gover­ ·nor Pennypacker, which I take pleasure in !?resenting to you for ·such action as may seem meet, to wit: November 14, 1905. Hon. Preston Lea, Governor of Delaware. Dover, Delaware. ,, Dear Sir:- At the request of the Valley Forge Park Commission, it is :my pleasure to inform you that the improvements at Valley 90 . Forge have so far progressed and the avenues along the in'­ trenchments are so far completed as :to enable each -one of .the thirteen original states to mark witih a suitable monument the· location of its troops, if such :a course be thought desirable by· the authorities of the State. , · Very ,truly yours, SAML. W. PENNYPACKER.. This Park, commemorating the heroic struggle and un-· daunted bravery of our Revolutionary Soldiers, must appeal to every liberty loving citizen of this State. A suitable memorial. marking the location of the Delaware Troops at Valley Forge· during this important perio~ of our Nation's history, is an ob-­ ject deserving your careful· and favorable consideration; THE PROPAGATION AND PROTECTION OF FISH. The General Assembly of Pennsylvania adopted a resolution:. creating a Commissio1i. to meet similar Commissions appointed by tihe States of New York, New Jersey, Delaware and Mary­ land "for the purpose of formulating concurrent or uniform leg­ islation effecting the ·Sta•tes named relating to the propagation and protection of fish." Such Commissions have been formed by ththe view of more - complete protection of an industry, which, wit'hout adequate r,e­ strictions, may soon become unprofitable to those interested. COMPACT OR AGREEMENT BETWEEN NEW JERS"EY AND DELAWARE RESPECTING THE DELAWARE · RIVER AND BAY.

In pursuance to the manda,te of Section 2, Chapter 5, Vol­ ume 23, Laws of Delaware, I did, in November, 1905, transmit to the President of the United States a duly certified ,copy of· said Act and requested that it be communicated to Copgress for· its action. ·• Ratification of said comp~ct or agreement was not had clur-­ ing the first session of the 59th Congress but it is expected that this measure will be finally disposed of during the present ses-- sion of Congress. · EXPOSITIONS. I have received the following commtmication which, im courtesy to lhc Governor of the State of Florida, I transmit to·· you for such consideration and action which the enterprise may merit: STATE OF FLORIDA. Executive Department. Tallahassee, Florida, December 30th, r905. Whereas, it has been suggested that an Inter-National and· Isthmian Exposition be held in the City of Tampa, Florida, during the rnontlhs of January, February and March, in the year­ of our Lord, r908, in honor and celebration of ,the commence­ ment of work on the construction of t'he great Panama Canal by the Government of the United States; and Whereas, such an Exposition will direct tfie attention of uhe whole ·world to the unsurpassed climate of the State of Florida, its boundless agricultural, mineral, industrial and commercial" resources, and its superior maritime advantages as the highway of the world's commerce when said canal is opened for trafiic; Therefore, I, Napoleon B. Broward, 'Governor of the State of Florida, do hereby issue this my proclamation, calling said' INTERNATIONAL AND ISTHMIAN EXPOSITION. To be held in tihe City of Tampa, Florida, commencing in the month of January, in the year of our Lord, r908, in celebration of the commencement of work on the Panama Canal by tihe Government of the United Stat-es; and I call upon and urge alr the citizens of the State of Florida to unite their efforts· in sup­ port of said Exposition, and I also request and tfrge t'he Sena~ tors and Representa,tives of the State of Florida in the Congress of the United St.ates to invite and secure from said Congress an endorsement of said Exposition and a reasonable appropriation in aid thereof. 'Dhe Governors of the several States and Territories, com­ prising the United States of America, are hereby cordially in-­ vited to secure the co-operation of tiheir State L·egislatures in aid of said Exposition, and are requested and urged to secure: ' 92

:a proper re1wesentation of the resources of their respective 'States in the exhibits at said Exposition; and, His Excellency, the President of the United States, is here'." '·by requested -and urged to issue his proclamation ':bhrough the ;State Department of the United States, invitng Foreign Conn­ . tries to participate in said Exposition. In Testimony \V1hereof, I have· hereunto set my ihand and caused the Great Seal of ( seal) the Sta,te to be affixed at Tallahassee, the Capital, this the 30th clay of December, A. D. 1905. N. B. BROWARD, ·By the Governor, Attest: Governor. H. CLAY CRAWFORD, Secretary of State. CRLMES AND PUNISHMENTS. To render more effectiV'e our criminal code and remedy ·-certain defects theriein I recommend that :the criminal laws of the State be so amended and supplemented as that various forms of false-swearing, other than perjury, may be punished. Tihat the punishment for manslaughter may be made more ·severe.

That the· offe1rne of conspiracy be by statute broadened 111 ·its scope. That the punishment for bigamy be made more severe. That the jurisdiction of the offenses of carrying conceaied -a deadly weapon, pointing a pistol at another person and dis­ ~charging a firearm upon t!he public highway be given to tribu­ ·nals inferior to foe Court of General Sessions where possible. PARDONS, REPRIEVES AND REMISSIONS. An account of all remissions of fines and forfeitures, re­ ·prieves, commutation .of sentences and pardons granted by me ·.during tQ1epast two years, with the reasons therefor, is here'." ·with transmitted, in compliance with ,the injunction of the Con­ :stitution, for your infonnation. 93 Firmly convinced that the fullest and. freest public discus­ sion before either .or both branches of the General. Assembly, or: any commit>tee thereof, by individuals or representatives of in-­ terests affected, or claimed to be affected, in any manner by pro-­ posed legislation, should be accorded, yet I am of the opinion, that it is wise to adopt, and therefore suggest for your consid­ eration .an enactmenrt, proper and adequate legislation upon tJhe· subject which will safeguard the General Assembly from im­ proper influences. In the exercise of your duHes as legi;lators permit me to,., caution you against the evil consequences of ill considered and poorly drafted measures. Past experi 1ence should assist you. It. is not the quantity but the quality of measures enacted by you which will give this session character and bring to you honor and credit. Too much legislation works a greater .evil upon the. people than the failure to pass any. Permit no law to pass unless it can stand c'er,tain tests; each' enactment must not be in conflict with the Federal and State· Constitutions; it should be clear in its terms, not be indefinite, vague or uncertain as to its meaning, and not t11e least im­ portant, its enrollment shoul~l il1avethe most scrupulous care and' attention in all particulars. REPORTS. The reports of the several DeJJartments of State Govern­ ment which contain full detailed statement of the operation of· said Departments for the past ,two years will he· handed to you. ·with this message or as soon thereafter as completed. PRESTON LEA, Governor; ..

PARDONS AND REPRI'EVES. STATE OF DELAWARE New Castle County. vs. September Term, 1904. JOHN BOOZER, alias Indictment, Murder of the· CHARLES THORN. · Ffrst Degree. At tJhe September Term of the Court of General Sessions, of the State of Delaware, in and for New Castle County, one· 94 John Boozer, alias Charles Thorn, was indicted upon a charge Iii of the crime of murder of the first degree, and at a Court of Oyer and Terminer of the said State of Delaware, sitting in and for the said County of New Castle, and beginning on ,the Twenty-first day of September, in the year of our Lord, One thousand nine hundred and four, the said indictment against the ,

;STATE OF DELAWARE New Castle County. vs. September Term, 1904. JOHN l300ZER, alias Indictment, Murder of the ._CHARLES THORN. First Degree . Whereas, on the fifteenth day of February, A. D. 1905, the ·'Governor of tihe State of Delaware granted unto the above named defendant a reprieve of the judgment of the Court of -.Oyer and Terminer of the State of Delaware, imposed -in the above entitled case, which said reprieve is in the following 'language, to wit: . "At the ,September Term of the Court ~f General Sessions of the State of Delaware, in and for New Castle County, one .John Boozer, alias Charles Thorn, was indicted. upon a charge of 'the crime,of murder of the first degree, and at a Court of Oyer and Terminer of the said State of. Delaware, sitting in and for the said County( of New Casitle, and beginning on the 'twenty-firsit day of September, in the year of our Lord, one thousand nine hundred and four, the said indictinent against the said John Boozer, alias Charles Thorn, under and by virtue of a writ of certiorari, duly issued, was .certified to the' said Court of Oyer and Termiher, in which ,said Comit of Oyer and Terminer the said John Boozer, alias Oharles Thorn, was ar­ raigned and upon his arraignment pleaded not guilty, .and the · said cause wa.s theret'tpon continued to the next Term of the said Court, at which said next Term of the said Court of Oyer and Terminer, to wit, the term beginning on tihe twenty-eighth .,clayof November, in the year of our Lord, one thousand nine 96 hundred and four, :fihe said John Boozer, alias Charles Thorn,. was tried upon the· said indictment and upon ·such trial was. found guilty in manner and form as indicted; whereupon it was adjudged by the said Court of Oyer and Tenniner tha:t the said John Boozer, alias Charles 'Dhorn, should be taken from 1the bar of the Court to the New Castle County Workhouse, and there safely and securely detained until the seventeent1h day of February, A. D. 1905, and that on that clay, between the hours­ of ten o'clock in the forenoon and four o'clock in the afternoon,. ihe be hanged by the neck until dead. . And whereas, it has be.en represented .to our Govern'.or that the above is a proper case for Executive interposition and it seeming meet :to our said Governor so to do ; Now, therefqre, I, Preston Lea, Governor of the State of Delaware, by virtue of the authority in me vested by ,the Con­ stitution of the said State, in that behalf, have granted and by · these presents do grant unto the said John Boozer, alias Charles. Thorn, a reprieve of the said judgment of 'the said Court for the· period of twenty-eight (28) day from the said Seventeenth day of February; A. D. 1905, whereby the execution of t'he said' judgment of the said Court is suspended from the said Seven­ teenth day of February, A. D. 1905, until the Seventeenth day of March, A. D .. 1905, upon which last mentioned clay the said' judgment of the said Court .shall be duly executed, between the· hours and in the manner therein prescribed." And whereas, the Board of Pardons of tihe State of Dela-­ ware, on 'the second day of March, A. D. 1905, did make a. recommendation to the said The Governor of ,the State of Dela-­ ware, in the following language, to wit: "To His Excellency, Preston Lea, Governor of Delaware. We, the undersigned, members of the Board of Pardons,. after a hearing in the application for pardon of John Boozerr alias Charles Thorn, convicted at tihe November Term, A. D. 1904, of the Coui.-t of Oyer and Terminer of the State of Dela- . ware, in and for New Castle County, of murder in the first degree, to whom your Excellency did, on the eleventh day of 97 February, A. D. I905, grant a reprieve of the judgment of said Court until the seventeenth clay of March, A. D. 1905, recom­ mend the further reprieve of s.aicl judgment of said Court until the fourteei1th day of April, A. D. I9b5, for the purpose of hear­ ing certain testimony not produced at the trial. I. T. Parker, J. R. Nicholson, Jos. L. Cahall, Thos. N. Rawlins, Geo. H. Dick." Now, therefore, I, Preston Lea, Governor of the State of Delaware, by virtue of the attthority in me vested by the Con­ stitution of the said· Sta,te in thaf behalf, 1have granted, and by these presents do grant unto the said John Boozer, alias Charles Thorn, a further reprieve of the said judgment of tlhe said Court, for the period of Twenty-eight (28) clays from the said seven­ teenth clay of March, A. D. 1905; whereby the said execution of the said judgment of the said Court is suspended from 'the said seventeenth clay of March, A. D. 1905 until the fourteenth clay of April, A. D. 1905, upon which last mentioned clay the said judgment of the said Court shall be duly executed between the hours and in tihe manner 'therein prescribed. Iii testimony whereof, I have hereto set my hand and caused the Great Seal of the said State to be affixed at Dover, this 13th (seal) clay of March, in the year of our Lord, one thousand nine hundred and five, and of the Independence of the United States the one ihunclrecl and twenty-ninth. · By the Governor: PRESTON LEA. JOS. L. CAHALL, Secretary of State.

This clay the Governor, upon the recommendation of 1Jhe . Board of Pardons, after a full hearing in the application for pardon of John Williams, convicted as John Boozer, alias Charles Thorn, at the November Term, A. D. 1904, of the Court 7 of Oyer and Terminer of the State of Delaware, irt aii.dfor New Castle County,. of the crime of murder, and sentenced to be hanged by the neck unt(l dead, granted a third reprieve until October 13th, 1905, for the following reason, viz: Because of evidence produced before the Board of Pardons, that the said applicant was a laborer at' Pinners' Point, Virginia, ir. the employ of the Southern Railroad Company, during the month of December A. D. 1897, at t,he time ·the murder was committed, and to give opportunity to produce additional evi­ dence in support or rebuttal.

This clay the Governor, upon the recommendation of the Board of Pardons, granted a full Pardon unto vVilliam Till, as follows: THE STATE OF DELAWARE, SS. STATE OF DELAWA'RE vs. New Castle County. SHADRAC TRUSTY No. 12 to November Term, 1873. AND Indictment Larceny. WILLIAM TILL. At the November Term of ,the Court of General Sessions of tlhe Peace and Jail Delivery of the State of Delaware, in and for New Castle County, one William Till was indicted, arraigned and tried for the crime of larceny, and upon such trial was found guilty thereof, whereupon it was adjudged by the said Court H1at the said \i\Tilliam Till should pay ·resititution money the sum of Eig,hty Dollars and costs of prosecution, and on Saturday, November 22nd be whipped 'with ten lashes and be ii11prisonecl for six months, commencing November 22nd, 1873, -and ending May 21st, 1874, and for six months next after his -disdharge from prison shall wear a convict jacket as an outer ·garment for a badge of crime. Whereas, by the Constitution of the State of Delaware, the -said conviction of the said ·william Till deprived and still de­ prives him of enjoying the right of an elector of this State; . And whereas, a· majority of the Board of Pardons, after a full hearing, have recommended in writing, that a full and un­ conditional pardon be granted to the said \,Viliiam Till, he ,hav­ ing served out foe term for which he was sentenced. · 99 Now, therefore, I, Pveston Lea, GovernOr of the State of J)elaware, by virtue of the authority in me vested hy the Con­ :stitution of the said State, in that behalf, have, and. do hereby :grant a full and unconditional pardon :to said William Till to and for wlhich the said William Till was sentenced by the judgment -of said. Court, as aforesaid. · • In testimony whereof, I have hereto set my hand and caused the Great Seal of the (seal) said State to be affixed at Dover, this Ninth day of August, in the year of our Lord one ,thousand nine hundred and five and of the Independence of the United States the one hundred and thirty. By the Governor: · PRESTON LEA. JOS. L. CAHALL, Secretary of .State.

:STATE OF DELAWARE New Castle County. vs. September Term, 1904. . JOHN BOOZER, alias Indictment Murder of the First CHARLES THORN. Degree. A:t the September Term of the Court of General Sessions •of the State of Delaware, in and for New Castle County, one John Boozer, alias Charles Thorn, was indicted upon a charge of the crime of murder of the first degree, and at a Court of 'Oyer and Terminer of the said State of Delaware, sitting in and for the said County of New Castle, and beginning on the Twenty-first day of September, in the year of our Lord, One thousand nine .hundred and four, tihe _said indictment against the said J olm Boozer, alias Charles Thorn, under and by virtue of a writ of certiorari, dtily issued; was .certified to the said Court of Oyer and Terminer, .in which s·ai~l.Court .of Oyer and Ter­ ·miner ,the said John Boozer, .alias Charles 1)orn, was arraigned and upori his arraigmnent. pleaded not guilty, and the \aid cause was thereupon continu~cl to tlhe, next Term of the said Court. at which said next Term of the said Court of Over and 1errniner. to wit, tl~e term beginning on the Twenty~e'ig-"hthcla}' nf November, in the vpa, nf 011r Lord, One thousari

tried upon tlhe .said indictment and upon ,such. trial ·was found!. guilty in manner. and form. as · indicted ; . whereupon. it was ad­ judged by the said Court. of Oyer and Terminer, tha,t the said John Boozer, alias Charles Thorn~ should be taken from the. bar· . of the Court to the New Castle County Workhouse, and :there safely and securely detained until the Seventeenth day of Feb- • ruary, A. D. r905, and tihat. on ,that day, between the hours of' ten o'clock in the forenoon and four o'clo_ck in :the afternoon, .. he be hanged by the neck until dead. · · And whereas, upon the recommendation of the Board of Pardons at sundry times, the said John Boozer, alias Charles­ . Thorn, have· b~en granted from time to time reprieves of said:. judgment until the r3th day of October, A; D. r905; And wihereas, a majority of the Board of Pardons, after a. full hearing have· recommended in writing that the said John, Boozer, alias Charles Thorn, be gtanted an acl.ditional reprieve: until the !6th day of March, A. D. I9o6; And whereas, it seeming meet to said Governor . so to do ; Now therefore, I, Preston Lea, Governor of ,the State of· Delaware, by virtue of 't!he authority in me vested by 1ihe Con- . stitution of the said State, in that behalf, have granted and by­ these presents do grant unto the said John Boozer, alias Charles·, Thorn, a reprieve of the said judgment of the said Court for the period of one hundred and fifty7four (r54) days from tlhe·· said Thirteenth day of-October, A. D. I905, whereby the execu­ tion of the said judgment of the said, Court is suspended from the said Tl;J.foteenthday of October, A. D. r995 until the Six-­ teenth day of March, A. D. r9o6, upon wlhich last mentioned day the. said judgment of the said. Court sJ1all be duly execu!f:ed;be-­ tween the hours and in the manner therein pre~cribed. . . . In testimony whereof, I have hereto set· my hand and caused the Great Seal of the- (seal) said State to be affixed at Dover, this Fiftlh· day of October, in the year of our Lord, One· thousand nine· hundred and five,. and of the­ Independence of the United. States the One· .. hundred and ,thirtieth. By the: Governor: · PRESTON LEA. . · JOS. L. CAHALL, · . ··· Sec_retary of State. IOI

. This day ·'the Governor· upon :the recommendation. of the 13oard of Pardons; after a full hearing granted a foll pardon unto "'Thomas Wooters, convicted at the April Term, A. D. 1905, of "the Court of General Sessions of the State of Delaware, in and :for Kent County, of the crime of breaking into outhouse with interi:t to commit felony, and sentenced by. said Court to pay ·the' smn of $6.25 restitution money to Job Kemp, that on Satur­ day, April 29, 1905, between the hours of IO A. M. and 2 P. M. ·he be whipped with twenty lashes, ,that he be imprisoned one year commencing April 27, 1905, and ending April 26, 1906, and ·pay the costs of p1;osecution for the following reasons, viz: That the said Wooters has been a modelprisoher, behav­ ing him~elf at. au times during ibis term of imprisonment; that. ;said Wooters apprised the Sheriff of an attempit to break jail in time to prevent the escape of several long term prisoners ; ·that said Wooters at great personal risk when ·certain desper­ ·ate prisoners had' made a successful

':STATE OF DELAWARE New Castle' County. vs . September Term, 1904. .JOHN BOOZER, alias Indictment Murder of the First CHARLES THORN. Degree. At the September Term of the Court of General Sessions ,of the State of Delaware, in and for New Castle County, one .John Boozer, alias Charles Thorn, was indicted upon a charge of the .crime of murder of the first degree, and at a Court of ·Oyer and .Terminer of the said State of Delaware, silting in and for the said County. of New Castle, and beginning on the 'Twenty-first day of September, in the year· of our Lord, One thousand. nine ihundr.ed and four, the said indictment against the said Johrt Boozer, alias Charles Thorn, under and by virtue · of a writ of certiorari, duly issuec;l, was·· certified to the said Court of Oyer and Terminer, in which said Court af Oyer and Terminer 'the said John B9ozer, alias Charles Thorn, was ar­ -raigned and upon his arraignment pleaded not guilty; and the ;said cause was thereupon .continued to ,the next Term of tlhe. -said. Court, at which said next Term of the said Cour:t of Oyer c1nd Terminer, to wit, the term beginning on the Twenty-eighth day of November,. in the year of our Lord, one thousand nine 102 hun~lred and four, th~ said. Jdhn Boozer, .alias Oharles Thorn,. was .fried' Upon ,bhe. said indicfoient and upori such, tria.l was. found' guiltyi~ manner ahd forri1 as indicted j ,vhereupon it was; adjudged by'the said Court Of Oyer and,Terminer that. the said John Boozer, ali.a:sCharles. Thorn, should be. taken from the bar of tile Court to the New Castle County vVorkh011.se, and i!here: safely and securely detained until the Seventeenth clay of Febru­ ary, A. D. 1905,'and that· on that clay,.between the hours of ten o'clock in' the fore11oon and four o'clock in the afternoon, he be­ hanged by the neck unt.il dead. · And whereas, upon the recommendation of i!he Board of Pardons at sundry ,times tlhe execution of the sentence of the­ said Court has been suspet1cled imtil March 16th, A. D. 1906; And Whereas, it ,has been represented to our Governor that the above· is a proper case for Executive interposition, and it seeming meet to our ·said Governor so to do: Now, therefore, I, Preston Lea, Governor of the State of Delaware, by virtue of :the authority in me vested by the Con­ stitution of the said State, in that behalf,, have granted and by these presents do grant unto the said John Boozer, alias. Charles 'I1horn, a reprieve of the said judgment of the said Court for the period of one hundred and eighty-two (182) clays. from the sixteenth clay of March, A. D. 1906, whereby the. exe­ cution of the said judgment of the said Court is suspended from the said sixteenth clay of Marcih, A. D. 1906, until the fourteenth clay of September, A. D. 1906, upon wthich last men:tioned day the said judgment of the said Court shall be duly executed, be­ tween the hours and in the manner therein prescribed. In testimony whereof, I have hereto set my hand and caused the Great Seal of tihe· said State to be affixed at Dover, this First (seal) clay of March, in the year of our Lord one· i!housancl 'nine hundred and six, and of the· Independence of the United States ithe one hundred and thirtieth. By the Governor : PRESTON LEA. JOS. L. CAHALL, Secret?ry of State._· This day the Governor· upon tihe recommencfa6orn @f the Board of Pardons, after a full hearing, commuted the. s.en:tpr: of Albert F. Matlack, as follows: THE STATE OF DELAWARE, SS:· · New Castle County .. Septen1ber Term,. 1906.. STATE OF DELA\i\TA:RE Information charging violation of vs. . Section Seven, Article Five of ALBERT F. MATLACK. the Constitution of the State of Delaware. A,t tihe September Term of the Court of General Sessions of the State of Delaware, in and for New Castle County, one Albert F. ii\1atlack, was indicted, arraigned and tried for the crime of violating Section Seven, Article Five of the Constitu­ tion of the State of Delaware, and upon such ,trial was foui1ci · guilty thereof; "'~hereupon it was adjudged by· the said Court that the said Albert F. Matlack should forfeit and pay a fine of five hundred dollars, be imprisoned one year, commencing Oc­ tober 20, 1905, and ending October 19, 1906, and pa:.ythe costs of prosecution. And whereas, a major~ty of the Board of Pardons, after a: fo.11hearing, ,have recommended in writing, ,that the sentence imposed upon Albert F. Matlack of one year's imprisonment from October 20, 1905, be commuted so that the term of im­ prisonment shall expire on 'the 14tlh clay of June, A. D. 1906, at 12 o'clock M. Now, therefore, I, Preston Lea, Governor of the State of Delaware by virtue of ithe authority in me vested by the Con­ stitution of the said State, in that behalf, have granted and by these presents· do grant unto Albert. F. Matlack a· commutation of :the judgment of said Com't so that the term of his imprison­ ment s!hall expire on the 14th day of June, A. D. r906, at I2 o'clock M. In testimony whereof, I have hereunto set my hand and caused the Great Seal of the said State to be affixed at Dover, this ·thir­ (seal) teenth day of June, in the year of our Lord one thousaricl nine hundred .and· six, and of 104 the Independence of the United States the one hundred and tihirtieth. By the Governor: PRESTON LEA. JOS. L. CAHALL, Secretary of State.

· This clay the Governor, upon the recommendation of the Board of Pardons, granted a full pardon and resltorecl the citi­ zenship of Charles W. Jack, as follows, to-wit: THE STATE OF DELAWARE, SS: New Castle County. STATE OF DELAWARE November· Term, 1903. vs. Indictment Assault With Intent. CHARLES W. JACK. to Commit Murder. At the November Term of the Court of General Sessions o( the State of Delaware, in and for New Casltle County, one Charles vV. Jack was indicted, arraigned and tried for the crime · of assault with intent to conimi,t murder, and upon st'tdh trial was found guilty thereof by a jury of his county; whereupon it was adjudged by the said Court that the said Charles vV. Jack should inter alia be imprisoned for three years, commencing November 27th, r903, and ending November 26th, 1906; · And ,vhereas, tihe term of imprisonmernt aforesaid did ex­ pire on March 20th, 1906, by reason of credits of time during imprisonment for good behaviour, in. accordance with the Statute in that behalf; And whereas, a majority of the Board of Pardons, after a foll hearing, have recommended in writing, a full pardon and .restoration of. citizenship of said Charles .vV. Jack for ,the rea­ son that said Oharles W. Jack bore an excellent reputation prior to contracting 'the cocaine habit, which impaired his fac­ ulties, said assault having been committed while under the in­ fluenc~ of said drug. Now, therefore, I, Preston Lea, Governor of the. State of Delaware, 1;y virtue of the authority in me vested by the. Con- ro5 .-sti

T!his day the Governor, upon the recommendation of the .11oard of Pardons, after a full hearing, granted a full pardon unto John Boozer, alias Charles Thorn, as follows: .STATE OF DELAWARE New Castle County . vs. . September Term, 1904. · JOHN BOOZER, alias indictment Murder.of the First CHARLES TI-IORN. Degree. At the September Term of the Court of General Sessions -of lthe State of Delaware, in and for New Castle County, one _John Boozer, alias Charles Thorn, was indicted upon a charge of the crime of murder of the first. degree, and at a Court of· Oyer and Terminer of the said State of Delaware, sitting in and for said County of New Castle, and beginning on the twen­ ty-first clay of September, in tlhe year of our Lord, one thous- and nine hundred and four, 'the said indictment against the said John Boozer, alias Charles Thorn, under and by virtue of a writ of certiorari, duly issued, was certified to the said Court of Oyer and Terminer, in. which said Court of Oyer and Term- . iner the said. J ()hn Boozer, alias Charles Thorn, was arraigned .a-ndupon his arraignment pleaded not guilty, and -the said cause was thereupon continued to tlhe next Term of the said Court, ::at which sa,icl next Term of the said _court of Oyer and Termi­ ··.ner, to-wit, the term beginning on the twenty-eighth day of ro6

November, in the year of our Lord, one thousand nine huridr~cf and, four, the said John Boozer, alias Charles Thorn, was tried upon t'.h.esaid indictment and upon suoh trial was found guilty in manner and form as indicted; whereupon it was adjudged by _the said Court of Oyer and Tenniner, thwt the said John Boozer, alias Charles Thorn, should be taken from the bar of tl;e Court to the New Castle County ·workhouse, and there· rnary, A .. D. 1905, and tihat on t1l1a,tclay, between the hours of safely and securely detained until the· seventeenth clay of Feb-· ten o'clock in the forenoon and four o'clock in the afternoon •. he be hanged by the neck until dead. And whereas, the said judgment of the Court has been re-· prievecl in sundry times whereby the sentence of the Court has been suspended from !the 17th clay of Febrnary, A. D. 1905, un-· til tihe r41Jh clay of September, 1906; And whereas, a majority of the Board of Pardons, after a full hearing, have recommended, in writing, the granting of a full pardon of said John Williams, convicted as John Boozer, alias Charles Thorn, on the ground of mistaken identity, the Board having become convinced by· the evidence offered that the said John Williams, convicted as John Boozer, alias Charles Thorn, at ,the time of the commission of the crime for ,vhich ·he was convicted, was a laborer on the Docks at Pinner's Point, Virginia. Now, therefore, I, Preston Lea, Governor of the State of Delaware, by virtue of t!he autihorilty in me vested by the Con­ stitution of the S,tate, in that behalf, have granted and by these presents do grant unto John Boozer, alias· Charles Thorn, a full pardon from the sentence imposed by the judgment of said Com·:t, as aforesaid. In testini.ony whereof, I have, hereto set my hand and cai1secl the Great Seal of tihe said Stwte to be affixed, at Dover, tihis tenth ( seal) clay of September, in the year of our Lord, one thousand nine hundred and six, ;incl of the Independence of the United Sitates of . America, the one hundred and thirty-first. By the Governor: PRESTON LEA. JOS. L.·CAHALL, · Secretary of State. This. clay the Governor, upon tl1e ,.ccommtuclation of the Board of Parclbns, granted a full par~on unto Jol;n Lingo, of Elisha, (convicted at the .Odtober Tenn, A. D. 1902, · of the Court .of Geqeral .Sessions. of the, State of .Delaware, in and for · Sussex County, of :the· crinie of using a fema_le child for immoral purposes, and sentenced to ,pay the costs of prosecution and be imprisoned for the period of five years, commencing October· 9: 1902, and ending October 8, ·1907, for the following reasons,. viz: The said Lingo, has b,een a moral prisoner, oehaving him­ self at· all times during ·the term of imprisonment; that said. Lingo apprised the Sheriff of Sussex County of several pro­ posed attempts 1to break jail by inmates of Sussex County jail to the encl that the Sheriff frustrated the plans of said inmates; thalt said Lingo rendered aid and assistance to the Sheriff on several occasions in actual attempts to break jail by the in-­ mates.

'Dhis day the. Governor, upon the recommendation of the· Board of Pardons, granted a full pardon unto Thomas Poor,, as follows: THE STATE OF DELAWARE, SS: STATE OF DELAWARE Kent County. vs. October Term, 1905. THOMAS POOR. Indictment. Assault and Ba'ttery .. At the Ootober Term of the Court of General Sessions of the State of Delaware, in and for Kent County, one Thomas Poor, was indicted, arraigned and pleaded guilty to the crime of assault and battery, whereupon it was adjudged by the said . Court that the said Thomas Poor should be imprisoned for the term of five years commencing on October 27, 1905, and end­ ing October 26, 1910. And whereas, a majority of the Board of Pardons, after a·. full hearing, have recommended in writing the granting a fulr pardon of the said Thomas Poor. Now, therefore, I, Preston Lea, Governo~- of ithe State of Delaware, by virtue of the authority in me vested. by the Con­ stitution of the said State, in that behalf, have, and by tihese­ p:resents do grant a full partjon unto: ,the. said· Thomas Poor of 168 rthe judgment to and for which the said Thomas Poor was sen­ -tenced by the judgment of said Court, as aforesaid for the rea- . :son that· the · newly discovered evidence educed before the Board of Pardons presented a case of less gravity than thalt pre­ :sented to the- Court which state of facts rendered the assault · :and battery one of trivial charact¢r. ·In testimony whereof, I have hereunto se't my hand and caused .the Great Seal 'of the said State to be affixed at Dover, this thirty- (seal) first day of December, in the year ot our Lord oi1e thousand nine hundred and six · and of t!he · Independei1ce of the United States the one· hundred and thirty-first. -:Bythe Governor:. PRESTON LEA. JOS. L. CAHALL, Secreta1·y of State.

This day the Governor, upon the. recommendation of the -Board of Pardons, granted a full Pardon unto Amos Masten, ·as follows : THE STATE OF DELAWARE, ss:· :STATE OF DELAWARE ·. Kent County.· vs. October Term, 1905. AMOS MASTEN. Indictment Assault a:nd Battery. Alt the October· Term of the Court of General Sessions of -the State· of Delaware, in and for Kent Cottnty, one.Amos Mas- . ten, was indicted, arraigned an,d pleaded gtiilty to the crime of assault and battery, wherettpon it was adjudged by the said . Court that the said Amos Masten sth.ouldbe impriscni.ed for the ·term of five years commencing on· October 2.7, 1905, and end- 'ing October 26, 1910. · · · · · · · And whereas, a majority of the Board of Pardons, after a 'full hearing, have recommended in writing the granting a full :pardon of the said Amos Masten. Now, therefore~ I, Preston Lea,· ,Governor of the State of 109 I Delaware by virtue of the authority in me v.ested by the Con­ stitution of the said State, in that behalf, 1have, and by these­ presents do gran:t a full pardon unto the said Amos Masten of the judgment to and for which the said Amos Masten was sen-­ tenced by the judgment of said Court, as aforesaid for the rea­ son that the newly discovered eviclence educed before the Board of Pardons presented a case of less gravity than that presented to the Court which state of facts rendered the assault_ and battery o.ne of trivial character. In testimony whereof, I have hereunto set· my hand and caused. the Great Seal of the·· said State to be affixed at Dover, the thirty­ (seal) first day of December, in the year of our· Lord one !thousand nine hundred and six,. and of · the Independence of the United' States the one 1Jmndred and thirty-first. By the Governor: PRESTON LEA .. JOS. L. CAHALL, Secretary of State.

On motion of Mr. Sparks, tihe various reports accompany-­ ing the Governor's message were ordered to be referred to the· proper commi,ttees, when the committees are appointed. Mr. Sparks presenbed a joint resolution entitled:

Senate Joint Resolution, No . .2. J oinit resolution regulating the printing and purchasing of all supplies to be used by the present session of the General As­ sembly, which, on his motion, was read. Mr. Sparks moved ti1at the joint resolution be adopted. On the question, "Shall the joint resoiuti'on be adopted?,,_ 'Dhe yeas and nays were ordered, whic:h being taken, were .. as follows: Yeas-M1essrs. Barnard, Boyce, Conner, Houston, ·Hart,. Iliffe, Jester, Miller, Lingo, Mendinhall, Monaghan, Moore,. i\forrison; Reed, Rose, Rowland, Mr. Presid'ent pro tempore. HO

Nays-None. · So the questio1i was cJ.re.cidedin the affirmative, and ,the joint · resolution having received the required constitutional majority, was declared adopted .. Ordered to the House for con'.curre1~oe. The following notices were presented: Mr. Conner gave notice that on to-morrow or sori.1efutm~e -·day hre would ask leave 1to introduce a bill, entitled: An Act to -compel attendance at the public schools of the ;$tate of all children between the age of seven and fourteen years of age. Mr. Conner gave notice 1lhat-on .to-morrow or some future d~y he would ask Jieave to introduce a bill, entitled: An Act ,to provide for and erect a new State House for the State. I Mr. Iliffe gave notice that on to-morrow or some future · clay he would ask leave :to introduce a bill entitled: An Act to i!1crease the salary of the County Treasurer in Kent and Sussex: ·Counties. Mr. Monaghan gave 11.otice that on to-morrow or some fnture day he would ask leave to introduce a bill, entitled: An Act to ,ari1end Chapter 245, Volume 2r, Laws of Delaware, en­ titled "An Act to amend Chapter 58, Volume r5, Laws of Del~ aware, mcreasmg tne period of extension by the the Governor of the term of Indigent Deaf, Dumb and· Blind in institu:tions for instruction of _such Indigents," by further increasing the period of extension by :the G-:ivernor of the .term of . Indigent Deaf, Dumb and Blind in instittitions for instruction of such indigei1ts. 1fr. Rose gave notice that on to-moq·mv or some futti."reday he would ask leave to introduce a bill, entitled: An Act to es- . tablish a State Fire Insurance. Company. ·

Mr. Sparks gave notice that ~n to-morh:~w 01~ sonie future clay he would ask leave to it1trocluce a bill, entitled: An Act to provide for the col.lection, arrangement and display of th~ pro­ . ducts of Delaware at the Jamestown Exposition ai1cl to make an appropriation therefor. · · · Mr. Sparks gave notice that ~n. to-rnorrovv ·or s_ome futti.re day he ,vot1lcl ask leave to iii.trod nee a bill, entitled: An _Act t_o ,abolisih whipping as a punishment for crime. I·i'I

Mr. Sparks gav°e notice that on to-morrow or 'so~e· future

.; 113

January 7, 1907, 11.45 o'clock, A. M. Senate met pursuant to adjournment. Prayer by the Chaplain. Roll called. Members present-Messrs. Barnard, Boyce, Conner, Hart, Houston, Iliffe, Jester, Lingo, Mendinhall, Mil­ ler, Monaghan, Moore, ,Morrison, Reed, Rose, Rowland, Mr. President pro tern. J onfoal read and approved. On motion of Mr. Sparks the reading of all that portion of the journal refei-ring to the various election certificates of the newly elected Senators was ordered dispensed with. On motion of Mr. Sparks, t,he journal was corrected by adding in its proper place the oath of the President pro tem..: pore-elect, George Vv.Sparks. On motion of Mr. Sparks, the reading of the Governor's message was dispensed with. President pro tempore of the Senate announced the follow­ ing committees: Corporations-Reed, Moore, Sparks, · Rose, Hart. Cities and Towns-Sparks, Rowland, Barnard, Monaghan, Jester. Education-Mendinhall, Moore, Lingo, Rose, Boyce. Claims--itv:Ioore, Mendinhall, Iliffe, Morrison, Monaghan. Finance-Rowland, Conner, Sparks, Jester, Rose. Agriculture-Lingo, Houston, Miller, Jester, Boyce. Elections~Houston, Miller, Lingo, Morrison, Jester. Accounts-Barnard, Reed, Lingo, Monaghan, Hart. 114 Printing-Iliffe, Menclinhall~ Houston, Morrison, Boyce. Revised Statutes-Conner, Reed, Sparks, Hart, Rose. Fish, Oysters and Game-Miller, Barnard, Iliffe, J3oyce, Morrison. J udiciary-Honston, Miller, Moore, Monaghan, Boyce. Enrolled Bills-Iliffe, Miller, Houston, Jester, Hart. Va cant Lands-Rowland, Iliffe, 1Mendi11,hall,Boyce, Jes­ ter. Insurance aiid Banking-Sparks, Conner, Rowland, Hart, Boyce. Rules-Moore, Barnard, Reed, Monaghan, Boyce. Public Buildings and Highways-Mendinhall, Conner, Sparks, IV1onaghan, Boyce. Executive-Conner, Sparks, Rose.

On n1otion of Mr. Moore Senate takes recess until 2 P. M. same day.

'\' Same day, 2 P. M. ·senate coitw'enecf J'5fffi;ffafif fo i-ecess. Mr. Sparks offerecf _a;G6'111muni~ation which, on his motion, was read as follows·: The Delaware Society of il\e· Colonial Dames of America. To the Honorable, the Senate of nfaeState of Delaware. Gentlemen :-VVe enclose herewfoh a11 invitation to your honorable body to attend a lecture by the Hon. Harry St. Georcre Tucker, President of the J amesteiwn Exposition, at the New "'century Club on Monday evening, January the 7t1h, at 8 ·o'clock. Mr. Tucker will be in Dover on T'i:1esday 111omi11g,January IIS '8t11,and if agreeable to you, will ask that he may appear before your honorable body and the House of Represen:tatives in joint .session on 1!hat morning. Very respectfully, ABIGAIL M. W. MILLER, President Colonial Dames of Delaware. GEORGE GRAY, Governor Society of Colonial vVar<,. Tihe Society of ibhe Colonial Dames of Delaware and the :Society of Colonial VI/ars, invite you to listen to an address on the Jamestown Exposition, by the Hon. Harry St. George Tucker, President of the Association, in the New-Century Club ·011 Monday evening, January seventh, at eight o'clock. On motion of l\ih. Sparks, the above ·invitation was ac­ . ceptecl on the part of the Senate. On motion of Mr. Sparks, the following concurrent reso­ lution was read and adopted: Be it resolved by the Senate, the House of Representatives concurring therein, that the Senate and House sit as a Com­ mittee of the \i\Thole on Tuesday, January 8th, 1907, .at 1.30 o'clqck P. M. to hear an address by iJhe Hon. H. St. George Tucker relative to the Jamestown Exposition. The following notices were read: Mr. Rose, gave notice that on to-morrow or some future -day he wot1ld ask leave to introduce a bill, entitled: An Act to an1end an act providing for the appointment of a State Chemist by reducing the fee for analysis from $30 to $20 to manufactu­ rers. Mr. Reed, gave notice iJhat on to-morrow or some future . day he would ask leave :to introduce a bill, entitled: An Act to re-incorpomte the town of Milford, Delaware. Mr. Swain, Clerk of the .House, being admitted, informed the Senate t;ha:t the House had concurred in the following Sen­ ate concurrent resolution. Senate concurrent .resolution convening ,the two houses of the General Assembly as a Committee of the Whole on January :8, 1907. 116

Mr. Swain, Clerk of the House, being admitted, informecI: the Senate that t1he House had passed and requests the concur-· rence of the Senate in the following joint resolution. House Joint Resolution, No. 2: Be it resolved by the Senate and House of Representatives. of the State of Delaware in General Assembly met, that a com­ mittee of two on the pat~t of the Senate and three on the part of the House be appointed to investigate the financial affairs of the State and report the condition of the same to the General As,1embly, with such recommendation as they may see fit to· make, in order that a proper and safe revenue may be raised to, carry on tlhe business of the State.· On motion of Mr. Conner, the State Auditor was advised that the Senate was ready to hear any report he may have to· 111~~ - The Hon. Geo. H. Dick, Auditor of Accounts, being ad­ mitted, presented to i!he Senate his report for the year 1905- 1906. On motion of Mr. Conner, the Auditors' Report was ·ac-· ceptecl. On motion of Mr. Sparks, Senate adjourned until 10.30: o'clock, A. M. next day. II7

Tuesday, January 8th, 1907. The· Senate met at ro.30 A. M., pursuant to adfournment. Prayer by the Chaplain. Roll called. Members pres.enf-_;l\l[essrs. Barnard, Boyce, 'Conner, Hart, Houston, Iliffe, Jester, Lingo, Menclinhall, 1Vlil­ ·1er, Monaghan, Moore, Morrison, Recd, Rose, Rowland, Mr. ·President pro tern. On motion of J\fr. Sparks, the reading of the Journal ·was ,dispensed with. On motion of Mr. Sparks, Senate Bill, No. r, entitled: An act to provide for the State of Delaware to be repre­ ·sentecl at the Jamestown Ter-Centennial Exposition, and to make an appropriation therefor, was read a first time. On the further motion of Mr. Sparks, Rule 14 was sus­ ·penclecl as to tihis bill, and further on his motion, the bill was read a second time by its title and referred to the Committee ·on Finance.

On motion of Mr. Sparks, Senate Bill, No. 2, entitled: An act relating to corporations occupying streets of vVil­ mington for street railways, gas or other pipes, electric light or power lines, or telephone wires, was read a first time, and on the further motion of l\fr. Sparks Rule 14 was suspended as to ·this bill, and further on his motion the bill was read a second time by its title, and referred to the Committee on Corpora­ ·tions. On motion of Mr. Sparks, Senate Bill, No. 3, entitled: An Act to provide for assessment against the abutting ·properties of ,a portion of the cost of paving the roadways of :·streets in the City 'of vVilmington, was read a first time. .,,

II8

On the fth-ther motion of Mr. Sparks Rule 14 was sus­ pended as to this bill, and further on his motion the bill was­ read a second time by its title and referred to the Committee­ on Cities and Towns. The following i1otice was given : Mr. Sparks gave notice that on to-morrow or some future·· day he would ask leave to introduce a bill, entitled: An Act re­ specting the acquisition of land, and of rights in land, for the· advantage of the parks of the City of vVilming;ton. On motion of Mr. Sparks, Senate takes recess until 1.25, o'clock, P. M.

Same clay; 1.25 o'clock, P. lV[ · The following communication was received from the Pen­ insula Horticultural Society, and ordered read, as follows: Dover, Delaware, January 7, 1907.. To the President and Memhers of the Senate: You are cordially. invited to attend the sessions of tihe­ Peninsula Horticultural Society in the Dover Opera House',. January 8, 9, IO, particularly the session on Wednesday after-­ noon at two ·o'clock. Very truly yours, SAML. H. DERBY, President .. Wesley Webb, Secretary. The following is the program : Tuesday-First Session, IO A. l\lL: Prayer, Rev. Joseph~ Brown Turner; Address of Welcome, Hon. J olm R. Nicholson, .. Dover; Response, Hon. Orlando Harrison, Berlin;· Miscellan­ eous Business; President's Annual Address, S. H. Derby, of \Vooclside; New Fruits, Professor C. P. Ctose, College Park,. Maryland. II9

Second Session, ,2.30 P. M.: Apple Culti.1re on the Penin­ sula, George Biddle, Elkton; How I Raise Fancy Apples, U. T. Cox, Ohio; Growing and Marketing Early Appl,es, S. L. Lupton, Virginia; Leading ,Principles in Apple Culture, Pro­ fessor John Craig, Cornell University ; general discussion of Apple Culture. · · Third· Session, 7.30 P. M.: Music; Orchard Management: · in W est,ern New Yark, with lantern slides, Prof. John Craig;. Insects, with lantern slides, Professor C. 0. Houghton, New-­ ark; Effec~ of Plant Diseases on Seeds, with lantern slides,. Prof. H. 9. Jackson, Newark. · W ednesclay-Fourth Session, 9 A. M. : Reports on Peaches F. H. Whitehead, Lincoln; Reports on Pears, J. W. Killen,. Felton; Reports on Plums, J. Spencer Lapham, Goldsboro,. Mel.; Reports on Nut Culture, L. P. Cowgill, Dover; Progress. in Spraying, Professor C. P. Close, College Park, Mel.

Fifth Session, 2 P. M.: Commercial Fertilizers, Dr. E. B.. Vorhees, Director New Jersey Experiment Station; \iVinter· Forcing of Vegetables and Fruits, Professor W. F. Massey,. Philadelphia; Horticultural Education, Professor John Craig;. discussion opened by rrofessor H. Hayward. Sixth Session, 7.30 P. M.: Music; Home Adornment, Ed­ win Lonsdale, Girard College ; Home and Town Improvement~ with colored lantern slides, J. Otto Thilow, Philadelphia. Tlhursday-Seventh Session, 9 A. M.: The Vineyard, Geo .. H.· iMurray, Viola; Small Fruits, J. W. Kerr, Denton, Md.; Growing Asparagus for Market, Horace Roberts, New Jersey;: Vegetables on 1ihe Peninsula, W. F. Allen, Salisbury.

Eighth Session, 2 P. M.: Horticultural Bacteriology, Pro­ fessor F. D. Chester, Newark; Packages and Implements, W. F. Allen, •Salisbury; Transportation, V./. G. Dawson, Cam-. bridge; Produce Exchanges, and all questions r.elating to mar-. keting fruit and other products, Hon. Orlarido Harrison, Ber-. 1 lin; qestion box. • Discussion-At the close of each address opportunity wilt be given for full and free discussion of the .topic presented. Questions-The Question Box will be provided and wilt I20

be open whenever it seems ~dvisab!e. The members slio~ld · come pr,epared to ask questions, ertl!er orally or by plac1.ng them in the question box. 'Dhe followmg ihav,e been handed 111: ,. r. If chestnut trees several years old, dwarfed in growth, are cut back, can the sprouts be grafted successfully to make a commercial chestnut orchard. 2. Name the best five varieties of early apples for this Peninsula. 3. Name the best five varieties of winter apples. 4. Giv,e a list of apples for family use. 5. Name the best six peaches to be planted for profit. 6. Name the best five varieties of plunis for profit. 7; Name the best five varieties of pears for profit. 8. Name the best varieties of dherries. 9. Name the best varieties of grapes. IO. Name the best varieties of raspberries.

1 I. Name the best varieties of strawberries. 12. Name the best varieties of blackberries. 13. Name the best varieties of currants. 14. What is the best poison for coddling moth? 15. Can the rotting of peaches be preventecl in a season like that of 1906? Mr. Sparks moved that the invitation be accepted, which motion prevailed. · On motion of Mr. Sparks, pursuant to a previously adopted resolution, the Senate repairs to the hall of the House of 'Representatives to sit as a committee of the whole to listen to an address by H. St. George Tucker, Esq., President of the Jam est own E~position. · Mr. Sparks, in pursuance of previous notice, asked, and on motion of Mr. Sf>arks, obtained leave to introduce a bill, Senate Bill, No. 4, entitled: An Act to amend Chapter 60, Vol. . I2I

:231 Laws of Delaware, entitled: An: Act requiring and enforc­ ing payment to the County Treasurer of all fees of certain offi­ -cers regulating accounts of fees of certain officers and audits the1:eof and fixing the compensation of each county officer and ·of their deputies and clerks .. \i\Thioh, on his further motion, was read a first time. On the. further motion of Mr. Sparks Rule r4 was suspen­ -ded as to this bill, and further on his motion, the bill was read a :second time by its title and referred to the Committee on Re­ ·vised Statutes. Mr. Swain, Clerk of the House, being admitted, informed the Senate that the House had adopted and requested the con­ cufrence of the Senate in the following concurfent resolution: Be it resolved by the House of Representatives, if the Sen­ .ate concur therein, that a committee of three be appointed .on the part of the House and two on the part of the. Senate, to re­ ·Ceive and entertain Honorable H. St. George Tucker, Admiral Harrington· and Mr. Sheppard of the Jamestown Exposition. Messrs. Messick, Corbit and. Cann were appointed as ·members of said committee on the. part of the House. 11\lfr.Sparks moved ·t,hat .the Senate concur in the House -concurrent resolution, which motion ·prevailed. T.he President appoi11ted Messrs. Sparks and Conner mem­ ·berq of the committee on the part of the Senate. Mr. ·Mendinhall moved that a committee of three be ap­ pointed to procure two typewritists who shall be stenographers for the -exclusive use. of the officers, members and attorneys of the Senate, which on his motion, prevailed. The President appointed Messrs. Menclinihall, Monaghan :and Barnard members. of said committee. · On motion of Mr. Sparks, the Senate adjourns until ro.30 A. M. next clay. I,22

January 9, 1907, ro.30 o'clock, A. JVL - I Senate met pursuant to adjournment. Prayer by the Chaplain. Roll called. Members present-Messrs. Barnard, Boyce,. Conner, Hart, Houston, Iliffe, Jester, Lingo, JVIendinhall, Mil­ ler, Moore, Morrison, Reed, Rose, Rowland, Mr. President pro· tern. On motion of Mr. Rose, the reading of the journal was. dispensed with. Mr. Rose offered the folloi\ving resolution which, on his motion, was read and on his further motion, was adopted. Be it r,esolvecl by the Senate that the State Board of Sup­ plies be authorized and directed to have printed 500 copies of the Governor's rviessage. Mr. President of the Senate asked that the vote on the· initi,ative· and referendum be read by the Clerk which, on his. motion, was read, and on the further motion of 1\fr. Sparks, the: same was ordered spread upon the Journal as follows: The State of Dcbware, } ss New Castle County, ·

Be it remembered, That at 'the General Election held 01r 'the !Tuesday next after the first Monday in November in the vear of our Lord one thousand nine hundred and six, for New Castle County, according to the Constitution and Laws of the State of Delaware, on the question "Shall the General Assem­ bly of the State of Delaware provide a system Qf Advisory Initiative and Advisory Referendum?" 'Dhirteen thousand two hundred and sixty-six (13266) votes were YES, and · One thousand, five hundred and thirty-four (1534) votes .. were NO. 123 Which is manifest by calculating ,and ascertaining the ag-­ gregate amount of all the votes given for and against the said. system in all the hundreds and election districts of the county,. according to the provisions made by law in 1this behalf. In Testimony 'Whereof, vVe, Charles B. Lore, Chief Jus-· tice, and \i\Tilliam C. Spruance, Resident Associate Judge of New Castle County, the Judges constituting the Superior· Court, in New Castle County, who have met and ascertained. the sta1te of the election throughout. the said county as the law requires, have hereunto set our hands and caused the seal of· the said Superior Court to be hereunto affixed at the Court: House in said county on this twelfth clay of November, A. D_ . 1906. CHAS. B. LORE, Chief Justice. W. C. SPRUANCE, Resident Associate Judge:.

The State of Delaware, } ss Kent County, · Be it Remembered, That at the General Election held on:· ~he Tuesday next after the first Monday in November in the·· year of our Lord one thousand nine hundred and six, for Kent County, according to. the Constitution and Laws of the State· of Delaware, on the question "Shall 1the General Assen1bly of­ the State of Delaware provide a system of Advisory Initiative· and Advisory Referendum?" · Two thousand eight hundred and ninety-seven votes were·· YES; · Five hundred and five votes were NO; Which is manifest by calct1lating and ascertaining _the ag-· . gregate amount of all the votes given for and against the said: system in all the hundreds and election districts of the county, ... according to the provisions made by law in this behalf.

In1 Testimony \i\Thereof, We, Joihn R. Nicholson and James Pennewill, constituting the Superior Court for Kent County,. who have met and ascertained the state of t,he election through-­ out the said county as the law requires, have hereunto set om­ amnds and caused the seal of the said Superior Court to be- 124

~hereunto. affixed at the Court House 111 said county on this eig,hth clay of November, A. D. 1906. J. R. NICHOLSON, Chancellor. JAMES PENNEWILL, Resident Associate Judge. ·The State of Delaware,} ss. Sussex County, Be it Remembered, That at the General Election held on :the Tuesday next after the first •Monday in November, in the year of our Lord one thousand nine hundred and six, for Sus- sex County, according to uhe Constitution and Laws of tihe · State of Delaware, on the question "Shall the General Assem­ .bly of the State of Delaware provide a system of Advisory ·Initiative and Advisory Referendum?" One t,housancl and eighty-five (1085) votes were YES. One Hundred and twenty-three (r23) votes were NO. ·which is manifest by calculating and ascertaining the ag- gregate amount of all the votes given for and against the said system in all the hundreds and election districts of the county, 2ccording to t,he provisions made by law in this behalf. In Testimony ·whereof, We, Ignatius C. Grubb and vVil- · liam H. Boyce, the Judges constituting· the Superior Court in Sussex County, who ·have met and ascertained :the state of the election throughout the said county, as the law requires, have hereunto set our hands and caused the sea} of the said Superior · Court to ,be hereunto affixed at the Coi..trt House in said county on ;t,his ninth clay of November, A. D., 1906 . . !GNATIUS C. GRUBB, Associate Judge. WM. H. BOYCE, Resident Associate Judge. Mr. Mendinhall offered the following resolution which, on ·his motion, was read and further on his motion, was adopted. Be it resolved by the Senate that bhe State Board of Stip­ plies be authorized and directed to furnish to the Clerk of the ·Senate such supplies as may be required for the use of the Sen­ ·:ate stenographers. Mr. Conner offered the following resolution which, on his ··motion, was read and further on his motion, was adopted. I25 Be it resolved by the Senate that the State Board of Sup­ plies be authorized and directed to furnish three hundred copies of a Legislative Manual containing full data as to the organiza­ tion and rules of the two Houses; for the. use of the Senate. On motion of Mr. M·endinhall the following resolution was. read and adopted. Be it resolved by the Senate t,hait the State Board of Sup­ plies be authorized and directed to .furnish to the President and officers of the Senate such blank form·s, stationery and supplies as may be required. On motion of Mr. Conner the following resolution was. read and on the motion of Mr. Sparks further action was de­ ferred. · Be it resolved that the President authorize the Secretary to procure by written order from the State Board of Supplies : 200 two cent stamps, 100 one cenit stamps, 100 newspaper wrap­ pers, ai1d mo postal cards, for each member and officer of the· Senate; and tihat the State Treasurer be hereby authorized, em­ powered and directed to honor draft for such purposes to be paid out of any funds in the Treasury of the State not· other­ wise appropriated. On motion of Mr. Sparks the following concurrent resolu-­ tion was read and adopted: Be it resolved by the Senate, the House of Representatives­ concurring therein, that the Secretary of !the Senate and the Clerk of the House be authorized and directed to make ar-· rangements through the Board of Stat 1e Supplies for free tele­ phone service for the officers and members of the Senate and the House for matters pertaining. to State business. On motion of Mr. Sparks, the bill, (S. B. No. 5), entitled: An Act to alter and re-establish the charter of the City of· ·Wilmington, was read a first time. On the further motion of Mr. Sparks, Rule 14 was sus­ pended as Ito this bill.· And further on his motion the bill was read a second time, . by its title, and referred to the Committee on Cities and Towns. On motion of Senator Sparks the Senate takes recess until·~ 10.30 o'clock A. M. next day. 126,

January IOth, 1907, I0.30 o'clock A. 1M. '.Senate :met pursuant to adjournment. :Prayer by the Chaplain. :Roll called. Members present-Messrs. Barnard, Boyce, Conner, Hart, Houston, Iliffe, Jester, Mendinhall, Miller, Mon- • .aghan, Moore, Reed, Rowland, Mr. President pro tern. On motion of Mr. Mendinhall the reading of the Journal ·was dispensed with. Mr. Sparks offered the following communication which, on ~his motion, was read and, further on his motion, was accepted :and spread upon the Journal. Resolved, That the Speaker of each House of 1the General .Assembly be requested to notify th~ Levy Court of New Castle County when notice is given of any bill or bills affecting the Jinances of New Castle County. Resolved, That the Clerk of the Court be requested to fttr­ ··nish each Speaker wilbha copy of this resolution. . . Adopted by the Levy Court of New Castle County, Janu­ :ary 8th, A. D. 1907. Attest: WINFIELD S. QUIGLEY, Clerk of the Peace. Resolyed, That the Levy Coui·t of New Castle County, ·here)by approve the bill of appropriating money to aid the Ferris Industrial School in erecting additional buildings. And be it fttrither · Resolved, That a copy of this resohi.tion be furnished the . Speaker of each House of the General Assembly.