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STATE of DELAWARE Journal of the Senate

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STATE of DELAWARE Journal of the Senate 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.<JOi ' • . ;. C (' ~ ..c., , ... : : : .: : - , 'r~rD, nr,iL.\ ~A:; PJ!~NT. c ''>\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
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