273

The communicatioi1 from the Governor nominating William .Alexander Truitt to be a Justice of the Peace, Was read. On the question, "Does t11e Senate consent. to and confirm the appointnient of William Alexander Truitt to be a Justice of the Peace in and for Kent County, for the term of four years from the twenty-first day of 1March, A. D. 1901 ?" The yeas and nays were ordered. So the question was decided in the affirmative, Having received the required constitutional majority. Senate of Delaware Being convened in Executive Session, The co~~unication from the Governor nominating William: H. Betts to be a Justice of the Peace, Was read. On the question, "Does the Senate consent to an·d confirm the appointment of William H. Betts to be a Justice of the Peace in and for Sussex County, for the term of four years from the twenty-first day of March, A. D. 1901 ?" The yeas and nays were ordered. So the question was decided in the affirmative, Having received the required constitutional majority. Senate of Delaware Being convened in Executive Session, . The communication from the Governor nominating James H. Jones to be a Justice of the Peace, Was read. · On 'the question, "Does the Senate consent to and confirm the appointment of James H. Jones to be a Justice of the Peace in and for Kent County, for the term of four years from the first 85 ' 274 day of April, A. D. 1901 ?" The yeas and nays were ordered. So the question was decided in the affirmative, Having received the required· constitutional majority. Senate of Delaware Being convened in Executive Sessi~n, The communication from the _Governor nominating Joseph B. West to be a Justice of the Peace, Was read. On the question, "Does the Senate consent to and confirm the appointment of Joseph B. West to be a Justice of the Peace in and for Sussex County, for the term of four years from the twenty-second day of April, A. D. '1901 ?" ~he yeas and nays were ordered. So the question was decided in the affirmative. Having received the required constitutional majority. Senate of Delaware B;ing convened in Executive Session, The communication from the Governor nominating Henry S. Marshall to be a Justice of the Peace, Vlfas reacl. On the question, "Does the Senate consent to and confirm the appointment of Henry S. Marshall to be a Justice of the Peace in and for Sussex County, for the term of four years from the twenty-sixth day of April, A. D. 1901 ?" The yeas and nays were ordered. So the question was decided in the affirmative, Having received the required constittitional majority. Senate of Delaware 27.5

Being convened in Executive Session, The communication from the Governor nominating-Frank R. Householder to be a Justice of the Peace, Vva:s reacl. On the question, "Does the Senate consent to and confirm the appointment of Frank R. Householder to be a Justice of the Peace in and for New Castle County, for the term of four years from the twenty-sixth day of April, A. D. r9or ?" The yeas and nays were oi·derecl. So the question was decided in the affirmative; Having received the required constitutional majority. Senate of Delaware Being· convened in Executive Session, The communication from the Governor nominating Francis S. Bradley to be. a Justice of the Peace, Vvas reacl. On the question, "Does the Sen-ate consent to and confirm the appointment of Francis S. Bradley to be a Justice of the Peace in and for New Castle County, for the term of four years from the twenty-ninth clay of April, A. D. r9or ?" The yeas and nays were ordered. So the question was decided in the affirmative, Having received the required constitutional majority. Senate of Delaware Being convened in Executive Session, The communication from the Governor nominating Daniel B. Stewart to be a Jtistice of the Peace, _ Was read. On the question, "Does the Senate consent to and confirm the 276 ctppointment of Daniel B. Stewart to be a Tustice of the Peace in and for New Castle County, for the tern; of four years from the sixteerith day of May, A. D. rgor ?" The yeas and nays .were ordered. So the question was decided in the affirmative, Having received the required constitutional majo1~ity. Senate of Delaware Being convened in Executive Session, The communication from the Governor nominating Eli L. Collins to be a Justice of the Peace, Vias read. On the question, "Does the Senate consent to and confirm the appointment of Eli L. Collins to be a Justice of the Peace in and for Sussex County, or the term of four years from the second day of June, A. D. rgor ?" The yeas and nays were ordered. So the question was decided in the affirmative, Having received the required constitutional majorit;-'· Senate of Delaware Being convened in Executive Session, The communication from the Governor nominating John T. Buckson to.be Oyster Revenue Collector,. Was read. . On the question, "Does the Senate consent to a,nd confo·;n the appointment of John T. Buckson to be Oyster Revenue Col­ lector for State of Delaware, for the term from: June 17, 1901, to the first Tuesday in February, 1903 ?" The yeas and nays were ordere

Senate of Delaware Being convened in Executive Session, The communication from the Governor nominating James B. King to be a Justice of the Peace, Vvas re.ad. On the question, "Does the se·nate consent to and confirm the appointment of James B. King to be ·a Justice of the Peace in and for Sussex County, for the term of four years from the six­ teenth clay of July, A. D. 1901?" The yeas and nays were ordered. So the question was decided in the affirmative, . Having received the required ·constitutional majority. Senate of Delaware Being convened in Executive Session, The communic~tion from the G;vernor nominating Theodore Vv. Francis to be a State Detective, Was read. On the question, "Does the .Senate.·consent to and confirm ,the appointment of Theodore W. Francis to be a State Detective for the State of Delaware, for\ the term of four years from the twenty-fifth day of July, A. D. 1901?" The yeas ·and nays were ordered. So the question was decided in the affirmative, Having l'eceived the required constitutional majority. Senate of Delaware Being convened in Executive Session, The communication from the Governor nominating Alfred G. Cox to be a J qstice of the Peace, W·as read. On the question, "Does the Senate consent to and confirm the appointment of Alfred G. Cox to be a Justice of the Peace in and for New Castle County, for the term of four years froin the twenty-eighth clay of September, A. D. 1901 ?" The yeas and nays were ordered. So the question was decided in the affirmative,·· Having received the required constitutional majority. Senate of Delaware Being convened in Executive Session, The communication from the. Governor nominating Moses Weil to be a J ustic:e of the Peace, · Was read. On the question, "Does the Senate consent to and confirm the appointment of Moses Weil to be a Justice of the Peace in and for New Castle County, for the term of four years from the twenty-second day of October, A. D. 1901 ?" The yeas and nays were ordered. So the question was decided in the 11ffirmati;e. Having received the required constitutional majority. Senate of .De.laware Being convened in Executive Session, The communication from the Governor nominating vVilliam E. Davis to be a Justice of the Peace, Was·read. On the question, "Does the Senate consent to and confirm the appointment of William E. Davis to be a Justice of the Peace in and for Kent County, for the term of four years from the sev­ enteenth day of December, A. D. 1901 ?" The yeas and nays were ordered. So the question was decided in the affirmative, 279

Having received the required constitutional majority.· I . ~ ' Senate of Delaware Being convened in Executive Session, The communication rom the Governor nomin3ting George W. Godwin to be a Justice of the Peace, Was read. On the question, "Does the Senate consent to and confirm the appointment of George W·. Godwin to be a: Justice of the Peace in and for Kent County, for the term of four years from the twenty-eighth day of December, A. D. 1901 ?" The yeas and nays were ordered. So the question was decided in the affirmative, Having received the reqnirecl constitutional majority. Senate of Delaware Being convened in ,Executive Session, The communication from the Governor nominating William Perry to be a Justice of the Peace, vVas reac1. . On the question, "Does the Senate consent to and confirm the appointment of William Perry to be a Justice of the Pe.ace in ancl for Sussex County, for the term of four years from the four­ teenth day of January, A. D. 1902 ?" The yeas and nays were ordered. So the question was decided in the affirmative, H

Was read. On the question, "Does the Senate consent to and confirm the appointment of George S. Butterworth to be a Justice of the Peace in and for New Castle County, for the term of four years from the sixteenth day of January, A. D. 1902?" · The yeas and nays were ordered. So the question was decided in the affirmative, Having received the required constitutional majority. Senate o · Delaware Being convened in Executive Session, The communication from the Governor nominating George W. Tilghman to be a Justice of the Peace, 'vVas reai:I. On the question, "Does the .Senate consent to and confirm the appointment of George W. Tilghnan to bea Justice of the Peace in and for ·Kent County, for the term of four years from the fourth clay of February, A. D. 1902?" The yeas and nays were ordered. So the question .was decided in the affirmative, Having received the required constitutional majority. Senate of Delaware Being convened in Executive Session, The communication from the. Governor nominating Thaniel· T. Horn to be a J nstice of the Peace, Was read. Onthe question, "Does the Senate consent to ancl confirm the appointment of Thaniel T. Horn to be a Justice of the Peace in and for Kent County, [or the term of four years from the thir­ teenth clay of February, A. D. 1902?" The yeas ancl nays were ordered. 281

'.So the question was decided in the affirmative, Haying received the required constitutional majority. Senate of Delaware Being convened in Executive .Session, The communication from the Governor nominating George 'W. Willey to be a Justice of the Peace, Was read. On the question, "Does the Senate consent to and confirm the appointment of George 1W. Willey to be a Justice of the Peace in and for Sussex County, for the term of four years from ·the fourth clay of March, A. D. 1902?" · The yeas and .nays were ordered. So the question was decided in the affirmative, Having received the required constitutiorial majority. Senate of Delaware Being convened in Exect1tive Session, The communication fr01i1 the Governor 1101Y.1inatingGeorge R. Jones to be a Justice of the Peace, \Vas read. On the ouestion, "Does the Senate consent to and confirm the appointmei1t of George R. Jones to b'e a Justice of

The communication from the Governor·nominating Jacob 'Y. Foulk to be a Justice of the Peace, \Vas reacl. , On the question, "Does the Senate consent to and confirm the appointment of Jacob 'Y. Foulk to be a Justice of the rPeace in and for Kent County, for the term of four years from the twenty­ third day of March, A. D: 1902?:_' The yeas and nays were ordered. So the question was decided in the affirmative, Having received the required constitutional majority. Senate of :Delaware Being conven.ecl in Executive Session, The communication from the Go,,ernor nominating Charles C. King to be a Justice of the Peace, Was read. On the question, "Does the Senate consent to and confirm the appointment of Charles C. King to be a Justice of the Peace in and for New Castle County. for the term of four years from the 9th clay of May, A--D. 1902?" The yeas and nays were ordered . . So the question was decided in the affirmative; Having received the required constitutional majority. Senate of Delaware Being convened in Executive Session, The communication from the Governor nominating Joseph A. Rhodes to be a J ustiye of the Peace, Was read. On the question, "Does the Senate consent to and confirm the appointment of Joseph A Rhodes to be a Justice of the Peace in and for New Castle County, for the term of four years from 283 the twenty-fourth 1ay of June, A. D. 1902?" The veas and nays were ordered. So the question was decided in the affirmative, Having received the required constitutional majority. Senate of Delaware Being convened in Executive Session, The communication from the Governor nominating George S. Parks to be a Justice of the Peace. Was read. \Jn the question, "Does tl-ie Senate consent to and confirm the aappointment of George S. Parks to be a-Justice of the Peace in and for Sussex County; for the term of four years from the twenty-sixth day of June, A. D. 1902?" The yeas and nays were ordered. So the question was decided in the affirmative, Having received the required constitutional majority. Senate of Delaware . , Being convened in ,Executive Session, · The· communication from the Governor nominating Ferdinand H. Brewer to be a Justice of the Peace, W'as reacl. On the question, "Docs the Senate consent to and confirm the appointment of Ferdinand H. Brewer to be a Justice of the Peace in and for Sussex County, for the term of four years from the eig·hth clay of July, A. n r902 ?" · The yeas and na)'S were ordered. So the question was decided in the affirmative, Having received the ;required constitutional majority. Senate of Delaware 284

Being convened in Executive Session, The communication from the Governor nominating John Sat- · terfield to be a Justice of the Peace, \iVas read. On the question, "Does the Senate consent to and confirm the appointment of John Satterfield to be a Justice of the Peace in and for Kent County, for the term of four years from the sixth day of November, A. D. 1902?" The yeas and nays were ordered. So the question was decided in the affirmative, Having received the required constitutional majority. Senate of Delaware Being convened in Executive Session, The communication from the Gove.mar ndniinating Alton C. Pyle to be a Justice of the Peace, \i\T'asreacl. On the qufstion, "Does the Senate consent to and confirm the appointment of Alton C. Pyle to be a Justice of the Peace in and for New Castle County, for the term of four years from the sec­ ond day of December, A. D. 1902?" The yeas and nays were ordered. So the question was cleciclecl in the affirmative, Having receiv~cl the required constitutional majority. Senate of Delaware Being convened in Executive Session, The communication from the Governor nominating Isaac C. - Elliott to be a Levy Court Commissioner, \!Vas read. On the question, "Does the Senate consent to and confirm· the appointment of Isaac C. Elliott to be a· Levy Court Commis- 285

sioner in and for New Castle County, for the term from MarclY , 18, 1901, until December 31, A. D. 1904?" The yeas and nays were ordered. So the question was decided in the affirmative, Having received the required constitutional majority. Senate of Delaware Being convened in Executive Session, The " communication from the Governor nominating Merritt N. Willits to be a ~evy Court Commissioner, · \,\Tas read. On the question, "Does the Senate consent to and confirm the appointment of Merritt N. \Villits to be a Levy Court Commis- · sioner in and for New Castle Countv, for the term from March 18, 1901, until December 31, A. D. •1904?" - · The yeas and nays were ordered. So the question was decided in the affirmative, Having received the required constitutional majority. Senate of Delaware Being convened in Executive Session, The communication from the Governor nominating James T. ' Shallcross to be a Member of the Board of Agriculture, Was ~ead. On the question, "Does the Se11ate consent to and confirm the appointment of James T. Shallcross to be a Member of the Board of Agriculture, for the term of three years from the sixth clay of February, A. D. 1902 ?" The yeas and nays wer.e ordered. So the question was decided in the affirmative, Having received the required constitutional majority. · Senate of Delaware

Being convened in Executive Session, The communication from the Governor nominating Jacob H. Lewes to be a Member of the Department of Elections, \i\l'as reacL On the question, "Does the Senate consent to and c·onfirm the appointment of Jacob H. Lewes to be a Member of the Depart­ ment of Elections, for the term of three years from the twenty- first day of '1\lfarch, A. D Igor?'" The yeas and nays were ordered. So the question was decided in the affirmative, Having recejvecL the required constitutional major.ity. \ Senate of Delaware Being convened in Executive Session, The communication from the Governor nominating Thomas A. D. Hutson to be a member of the Department of Elections. \!Vas read. ' . 1 . . . On the question, "Does the Senate consent to ancl confirm the appointment of Thomas A. D. Hutson to be a member of the Department of Elections, for the term of two years from the twenty-first day of March, A. D. 1901 ?" The yeas and nays were ordered. So the questioi1 was cleciclecl in the. affirmative,, Having received the required ,constitutional majority. Senate of Delaware Being convened in Executive Session, · The communication from the Govern~r nominating Robert P .. Ecl,varcls to be a membei- of the Department of Elections .. Was read. On the question, '·Does the Senate consent to an

Mr. Clements, of the Senate, voted for Willie M. Ross. Mr. Conner, of the Senate, voted for John Edward Addicks. · Mr. Groves, of the Senate, voted for John Edward Addicks. Mr. Harrington, o~ the Senate, voted for Willie M. Ross. Mr. Jefferson, of the Senate, voted for Willie M. Ross. Mr. Latta,. of the Senate, voted for vVillie M. Ross. Mr. 'McNt,Ity, of the Senate, voted for Willie 1\11.Ross. Mr. D. 0. Moore, of the Senate, voted for John Edward Ad­ dicks. Mr. T .. C. Moore, of the Senate, vbtecl_for John Edward Ad- dicks. Mr. Pennewill, of the Senate, voted for John Edward Addicks. Mr. Smith, of the Senate, voted for Willie NI. Ross. 1Mr. Sparks, of the Senate, voted for Henry A. DuPont. :wr. Stirling,. of the Senate, voted· for Henry A, DuPont. Mr. Wright, of the Senate, voted for Willie M .. Ross. Mr. President pro tempore, of the Senate, voted for Henry - A. DuPont. · Mr. Allen, of the House, voted for Willie M. Ross. Mr. Aspril, of the House, voted for. Henry A. DuPont. Mr. Austin, of the House, voted fo~ John. Edward Addicks. iMr. Bancroft, of the House, voted for Henry A. DuPont. Mr. Bennett, of the House, voted for John Edward Addicks. Mr. Buckmaster, of the House, voted for Willie M. Ross. Mr. Connelly, of the House, voted for ·wmie M. Ross. Mr. Cook, of the House, voted for Willie M. Ross. Mr. Derrickson, of the House, voted for Henry A, DuPont. 289

Mr. Eastburn, of the House. voted for He11ry A. DuPont. Mr. Flinn, of the House. voted for Henry A.· DuPont. Mr. Frazier, of the Honse, voted for John Edward Addicks,· Mr. Gehman, of the House, voted for John Edward Addicks. Mr. Gooden, of the House, voted for ·Willie M. Ross. Mr. Hart, of- the House, voted for vVillie M. Ross. Mr. Holcomb, of the House, voted for Willie M. Ross. Mr. Hughes, of the House. voted for Willie M. Ross. Mr. Jones, of the House, voted for John Edward Addicks. Mr. Lawson, of the House, voted for John Edward Addicks. Mr. Lingo, of the House, voted for John Edward Addicks. Mr. Lowe, of the House, votedfor Willie JVI.Ross. Mr. Messi~k, of the House, voted for John Edward Addicks. Mr. Monaghan, of the House, voted for Willie M. Ross. Mr. Morrison, of the House, voted for \iVillie M. Ross. Mr. Newton, of the House, voted for John Edward Addicks. Mr. Paradee, of the House, voted for \;\Tillie M. Ross. Mr. Powell, of the House, voted for John Edward Addicks. Mr. Price, of the House, voted for Henry A. DuPont. Mr. Purnell, of the House, voted for John Edward Addicks. Mr. Rose, of the House, voted for Willie M. Ross. Mr. Thompson, of the Hous.e, voted for Willie M. Ross. Mr. Townsend, of the House, voted for John Edward Addicks. Mr. Tyre, of the House, yoted for Henry A. DuPont. Mr. Warren, of the House. voted for John Edward Addicks. Mr. Speaker, of the House, voted for John Edward Addicks. 37 2~)0

The vote as above ascertained having been a£inouncecl, as follows: ., For John Edward Addicks, twenty-one votes. For W. M. Ross, twenty-one yo.tes. For Henry A. DuPont, ten votes. Total number of votes cast, 52. The President pro tempore of the Senate declared that no person having received a majority of all the votes cast for United States Senator, · There was no election to said office. Mr. Conner, of the Senate, moved that they proceed to vote for United States Senator for the term ending March 4th, 1905. vVhich motion Prevailed.· The Clerks were directed to call the rolls of the respective houses, and the members, as. their names we·re called, responclecl by viva voce vote as follows, viz.: Mr. Allee, of the Senate, voted for John Edward Addicks. Mr. Brasure, of the Senate, ':oted for John Edwa1~d Addicks. 'Mr. Clements, of the Senate, voted for Peter J. Forcl. · Mr. Conner, of the Senate, voted for John Edward Addicks. Mr. Groves, of the Senate, voted for T. Coleman DuPont. Mr. Harrington, of the Senate, voted for Peter J. Ford. Mr. Jefferson, of the Senate, voted for Peter J. Forcl. · Mr. Latta, of the Senate; voted for Peter J. Ford. Mr. McNulty, of the Senate, voted for Peter]. Forcl. · Mr. D. 0. Moore, of the Senate, voted for John Edward Acl­ clicks. Mr. T. C. Moore, of the Senate, voted for John Edward Ad­ dicks. 2!:n ' Mr. Pennewill, of the Senate, voted for J oh11 Edward Addicks. Mr. Smith, of the Senate, for Peter J. Ford. Mr. Sparks, of the Senate, voted for Anthony Higgins. Mr. Stirling, of the Senate, voted for Harry A. Richardf3on. Mr. Wright, of the Senate, voted for Peter J. Forcl. Mr. Presiden't pro tempore, of the Senate, voted for Anthony Higgins. Mr. Allen, of the House, voted for Peter J. Ford. Mr. Aspri!, of the House, voted for Anthony Higgins. Nfr. Austin, of the House, voted for John Edward Addicks. 1\1r. Bancroft, of the House, voted for Anthony Higgins. :Mr. Bennett, of the House, voted for John Edward Addicks. Mr . .Buckmaster, of the House, voted for Peter J. Forcl. Mr. Connelly, of the House, voted for Peter J. Forcl. Mr. Cook, of the House, voted for Peter J. Forcl. Mr. Derrickson, of the House, voted for Anthony Hig·gins. Mr. Eastburn, of the House, voted for Anthony Higgins. Mr. Flinn, of the House, voted for Anthony Higgins. Mr. Frazier, of the I-fouse, voted for John Eclward Acldicks. Mr. Gehman, of the House, voted for John Edward Addicks. Mr. Gooden, of the House, voted for Peter J. Ford. Mr. Hart, of the House, voted for Peter J. Forcl. Mr. Holcomb, of the House, voted for Peter J. Forcl. Mr. Hughes, of the House, voted for Peter J. Ford. Mr. Jones, of the House, voted for T. Coleman DuPont. Mr. Lawson, of the House, voted for John Edward Addicks. , Mr. Lingo, of the House, voted for John Edward Addicks. Mr. Lowe, of the House, voted for Peter J. Ford. ,Mr. Messick, of the House .. voted for John Edward Addicks. Mr. Monaghan, of the House, voted for Peter J. Forcl. Mr. Morrison, of the House, vot~d for Peter J. Ford .. Mr. Newton, of the House, voted for John Edward Addicks. Mr. Paradee, of the House, voted for Peter J. Ford. Mr. Powell, of the House, voted for John Edward ,Addicks. Mr. Price, of the House, voted for Anthony Higgins. Mr. Purnell, of the House; voted for John Edward Addicks. Mr. Rose, of the House, voted for Peter J. Forcl. ·Mr." Thompson, of the House, voted for Peter J. Ford. Mr. Townsend, of the House'. voted for John Edward Addicks. Mr. Tyre, of the Houss, voted for Harry A. Richardson. Mr. Warren, of the House, voted for John Edward Addicks. Mr. Speaker, of the House, voted for John Echvard Addicks: The vote as above ascertained having been announced, as follows: For John Edward Addicks, nineteen .votes. For Peter J. Ford, twenty-one votes. For Anthony Higgins, eight votes. For T. Coleman DuPont, two votes. For Harry A. Richardson, two votes. Total number· of votes cast, 52. The President pro tempore of the Senate declared that no person having received a majority of all the votes cast for United States Senator, There was no election to said office. 293

On motion of Mr. Pennewill, of the Senate, the two houses separated, and the members of the Senate returned to their chamber. On motion of Mr. Sparks, the· Senate took recess until 2 o'clock P. M.

',

Same Day-,-2 o'clock P. M. Senate ·reassembled at expirntion of recess. Mr. Smith gave notice that on to-morrow, or some future day, he wou~d ask leave to in_trciduce a _bill, entitled: "An a.ct to discourage petty litigation in certain misdemeanor cases." Mr. Sparks gave notice that on to-morrow, or some future day, he would ask leave to intr,oduce a bill, entitkd: · "An act providing that the days upon which.the general elec:. tions are held iti this State shall be legal holidays." Mr. Hodgson, Clerk of the House, being admttted, informed the Senate that the ·House Bill No. 29. Had been enrolled and signed by the Speaker of the House, 294 and presented the same to the Senate for _the signature of the President, entitled: "An act to enable the Governor to appoint an additional N ci­ tary Public for \i\Tilmington Hundred, New Castle_ County, for the offices of Herbert H. \i\Tard and Andrew C. G1;ay, attorneys at law," And presented the same to the Senate. Mr. McNulty, in ptfrsuance of previous notice, asked leave to introduce a biII, Senate Bill No. 27, entitled: "An act to alter ancl re-establish the Charter of the City of ·Wilmington," And further on his motion, Rule 14 ·was suspended, And _the bill was read a second time, by its title, and Referred to the Committee on Cities and Towns. Hc;m. Caleb R. Layton, Secretary of State, was announced. and, on being admitted. presented a message from His Excel­ lency the Governor. ' Mr. Pennewill asked that House Joint Resolution No, 13. entitled: House Joint Resolution: "Authorizing the appointment of a Committee to await upon the Steamboat Companies and the Railroad Companies of this State, and to secure special rates for the hauling and carry_ing of all road materials and supplies to be used only for the construc­ tion and improvement, the building- and repairing of public roads .in this_ State," · Be read. Mr. Pennewill moved that the joint resolution be adopted. On the question, "Shall the joint resolution pass the Senat_e ?"' The yeas and nays were ordered, which, being taken, were as follows: · . , 295

Yeas-Messrs. Allee, Brasure, Clements, Conner, Groves, Harrington, Jefferson, Latta, ·McNulty, Moore, D. O., Penne­ will, Smith,; Sparks, Sterling, \V right, ]\fr. President pro tern~ pore. · Nays-None. So the question was decided in the affirmative, And the joint resolution having received the required constitu- . tional majority, · Was declared · Adopted. brdered that the House be informed thereof, and the joint resolution returned to that body. · Mr. President announced that he would appofot Mr. Penne- . will and Mr. Latta a Committee on the part of the Senate to await ·upon the railroad and steamboat companies of this State t.o se:­ cure special rates for the hauling arid carrying of alt road ma- - . terials and supplies to be used only for the construction and im- · provement, the building and i·epairing of public roads in this State. Mr. Allee, ·in ptirsuanc~ of previous notice, aske·d. leave. fo in- troduce a bill, ' Senate Bill No. 28, entitled: "An act to provide for the redemption of the bonds- of this State, issue of 1887, ancl making the necessary appropriation therefor," · · And further on his motion, Rule. 14 was suspended, And the bill was read a second time, by its title, ~nd R.eferred to .the Committee on Finance.

'I Mr. Co1inet, in pursuance of previous notic~, asked leave to introduce· a bill, · Senate ·Bill No. 29, entitled: "An act to enable the Governor to appoint a Justice of the Peace for Kent County, to reside in Mispillion Hundi-ed, Sixth J{epr~sentative District, at or near ~Iast~ns, I)elaware." 296

And further_ on his motion, Rule 14 was .~uspended, And the bill was read a second time, by its title, and ' \ - Referred to the Committee on Judiciary. Mr. Ellison, from the Committee on Finance, reported pack with favorable recommendation House Bill No. 78, entitled: "An act to appropriate money to pay the expenses of binding the enrolled bills of this State and providing additional space for Certificates of Incorporatton and other papers pertaining there­ _to." ' On motion of Mr. Ellison, the bill just reported Was taken up tor consideration,

( . . ' , And on his further motion, was rea_d a third time, by para­ graphs, in' order to pass the Senate. On the question, "Shall the bill pass the S.en~te?" , The yeas a.nd nays were ordered, which, being taken, were as follows: ~ Yeas:--Mes.srs. Allee, Brasure, Groves, Harrington, Jefferson, Latta, McNulty, ·Moore, D. 0., Pennewill, Smith, Sparks, ~ter­ ling, Wright, Mr. President pro tempore. Nays:....,..None. So .the question was decided in the affir-mative, And the bill having received the required constitutional ma­ jority, I Passed the Senate.

Ordered that the House be informed thereof, and tlie bill re­ turned to that body.

On motion of Mr. Conner, the Senate adjou·med until 10.30 o'clock to-morrow morning. 297

· Wednesday, February4th, 1903-rn.30 o'clock A ..·M. Senate met pursuant to acljournnient. Prayer by the Chaplain. Roll called. Members present-Messrs. Allee, Brasure, Clem­ ents, Conner, Groves, Harrington, Jefferson,' Latta, McNulty, Moore, .D. 0., Moore T. C., Pennewill, Smith, Sparks, Stirling Wright, Mr. Presi_dent pro teni.pore, Mr. President. Journal read and approved. Mr. Allee moved that Monday and Thursday nights be made committee nights, And on his further motion, Was Adopted. Mr. Allee asked that communication received from the Gov­ ernor yesterday be read. To the Senate and House of Representatives of the State of Delaware in General Assembly met: I herewith transmit for your information an official communi­ cation from the Attorney General to the Governor, relating to the suit now pending between the States of New Jersey and Del- aware in the Supreme Court of the United States. · As set forth in said communication, I have, in my message upon this subject at the last General Assembly, expressed the opinion that the above mentioi1ed case involved interests of the· highest .value and importance to this State, concerning, as it · does, the territorial limits and jurisdiction thereof. The last General Assembly, by its joint resolution re erred to in the ac­ companying communication of the Attorney General, authorized 38. 298 the vigorous defense of the rights ·of the State in this behalf. At the same time, it is entirely appropriate and fitting that the chosen representatives of the people .now gathered i_n General Assembly in this State, should consider any just suggestion of the settlement of this long standing controversy with our neigh­ boring State, upon terms which may be wholly consistent with . the dignity, rights and interest of this State.

In accordance, therefore, with the suggestion of the Attorney General, I now recommend that the Senate and House of Rep- 1~esentatives do appoint a special joint committee to consider and advise with the Attorney General and special counsel for this Sfate concerning the proper disposition of the said terri­ torial controversy between this State and the State of New Jersey. JOHN HUNN, Governor. Wilmington, Delaware, January 31, 1903. To His Excellency, JQHN HUNN, Governor of the State of Delaware . . Dear Sir: It becomes my official duty again to direct your at­ tention to the litigation which has long been pending in the Supreme Court o · the United States, between the States of New Jersey and Delaware, concerning which I acldiessed you in Feb­ ruary, 1901. This litigation, as I then stated, grew out of legis­ lation in our State, prohibiting persons who were not citizens of Delaware from fishing within certai11 limits which were claimed to. be within the exclusive jurisdiction of our State, and over which limits the jurisdiction of our State has, from· time imme­ morial, been asserted and mai.ntainecl. The act in question was passed on March 28, 1871, being Chapter 72 of Volume. 14, Laws of Delaware, and such parts of which as are now in force can be found on page 467, &c., of the Revised Code as published in 1893. The jurisdiction in question 299 is that claimed by the State of Delaware over the waters of the Delaware River to low water mark on the New Jersey shore, within the limits of the twelve miles circle having its centre at the. Court House at New Castle, and a11 arc of which circle con­ stitutes the northern boundary of this State. The enforcement o · the provisions of the Act of March 28, 1871, by the arrest of citizens of New Jersey engaged in fishi,ng within that portion of the Delaware River lying within the twelve mile circle, was promptly opposed by the authorities of that State, with a claim of jurisdiction over said river east of the middle line, ,and of, the legal right of her citizens to fish on the New Jersey shore of the river without the license of Dela­ ware, either within or without the said circle.

During the year 1872, the then Executives of the two States had certain correspondence and conferences over this contro­ versy, the result of which was their recommendation to the Leg­ islatures of their respective States that commissioners should be appointed on the part of each to settle the matter in dispute. Upon such recommendation a joint commission, consisting of three members rom each State, was appointed by legislative authority, and the General Assembly of this State suspended the law of 1871, pendi11g the negotiations between such commis­ sioners.

These joint commissioners, having failed to reach a satisfac­ tory basis of settlement of the matten in controversy. the com­ missioners from this State reported to the Executive, in 1874, their failure to arrive a1Ja satisfactory settlement of the matter in dispute, and delivered a statement asserting and vindicating the claim and title of Delaware. On March 26, 1875, the Gen­ eral Assembly of this State adopted a joint r·esolution, declaring ·· that the commissioners on the part of this State, having folly performed their duties and reported the results of their labors. were relieved of ·urther duty as such commissioners. This joint resolution appears.in Chapter 249, Volume 15, Laws of Dela­ ware. The effect of this resolution ,vas to abrogate the author­ ity of such commissioners, to terminate their negotiations, and to revive the suspended license laws, Such license laws were thereafter enforced by the authorities of this . State, and 300 the original conditions resulting therefrom recurred. As th<:' result of this state of affairs, New Jersey, in pursuance of leave gTantecl, on March 13, 1877, filed a Bill in Equity in the Supreme Court of the United States to restrain the State of Delawar<:' from the exercise of its jurisdiction.

Prior to the filing of said Bill in Equity, your predecessor, Honorable John P. Cochran, then Governor of the State o· Del­ a ware, on the seeoncl clay of January, 1877, addressed and de­ liver eel to the General Assembly his message, in the course of which he recited the foregoing historical facts and informed the General Assembly of the purpose, as communicated to him by the Governor of New Jersey, of said State to commence pro­ ceedings in the Supreme Court of the United StatPs. In con­ cluding his discussion of the subject, Governor Cochran said:

"If this proceeding shall be taken by New Jersey. it wi11 be incumbent upon the General Assembly, at its pres­ ent session, to make adequate provision for the proper vindication of that rightful claim of title and jurisdiction which, I believe, has never before been . denied by N e,v Jersey, but ,yhich, on the contrary, is uninterruptedly as­ serted and maintained by the State of Delaware for the space of nigh two centuries, and I would respectfu11y rec­ ommend that such legislation be had as will meet al1 ex­ igencies likely to arise pending the litigation."

As a result of this mess.age of Governor Cochran, the General Assembly, on the twenty-sixth clay of January, 1877, adopted joint i;esolutions, reciting the claim of this State to the owner­ ship and exclusive jurisdiction of that portion of the Delaware River which is i11cluded within a circle of twelve miles radius, taking the Court House in the City of1 New Castle as a central point, aqd declaring, ·

"That the Attorney General be, and lie is hereby, au­ thorized and directed to cause his appearance, in behalf of this State, to be promptly entered upon the record of Hie said suit in the Supreme Court of the United States. whenever the same shall be commenced by the State of 301

New Jersey. And be it further resolved, ·that the Gov­ ernor be, and he is, hereby authorized to employ, in be­ half of the State, additional counsel to assist the Attorney General in the defense of the said suit."

. These resolutions are contained in Chapter 504, Volu~11e I 5, Laws of Delaware. ·

. In pttr~uanc!! of said resolutions, and authority, the Governor subsequently, from time to time, appointed Messrs. Thomas F: Bayard, George Gray and George H. Bates, as counsel to rep- . i-esent the State in this cause. Subsequently, Mr. Bayard with­ drew frcim his position as counsel, upon his appointment as Sec­ retary of State of the United States. Mr. George Gray has sirice been appointed United States Circuit Judge. Of the orig­ inal counsel in the cause Mr. George H. Bates now remains.

In February, 1901, I received communications from the Clerk .. of the Supreme Court of the United States, from tl-ie Honorable Samuel H. Grey, then Attorney General for the State of New Jersey, and ~rom the Hon. George H. Bates, the special cohn~ sel or the State of Delaware, calling my attention to the cause, and communicating to .me the order of the Supreme Court that the cause before it shotild be forthwith proceeded with. Upon a conference with Messrs. Grey and Bates, ·and upon the exam­ ination of the record o·. the 1 cause_, it appeared that the State of Delaware must take the next step .in· the action, by filing its answer to the Bill of Complaint of New Jersey. Inasmuch as the ·state of New.Jersey had not. theretofore been pressing its suit against this State, u_nder a written agreement of counsel filed in the cause, no answer· for the State of Delaware had there­ tofore-been filed.

On February 14, 1901, I addressed you, recitirig the history ·of the controversy, and suggesting that you send to· the Genrral Assembly a message, embodying the facts set fortl;i in said re­ port, and that you recommend the passage of a joint resolution . · by the General Assembly then in session, which should reiterate the authority of this State to defend said action to its termina­ tion, and renew its sta~ement of confidence in the position here- · 302 tofore assumed in said controversy by this State. Thereupon, you sent the following message to the Senate and House of Rep­ resentatives: "I have. received, a.ncl herewith transmit for your in­ formation, a communication from the Attorney General relating to the suit now pending in the Supreme Court of the .United States, between the States of New Jersey and Delaware. It is unnecessary for me to enlarge upon the importance of this report. The unanimity with which the people of this State, through various General Assem­ blies and Executives, have always clefenclecl the integrity o · the jurisdiction; territory and sovereignty of this State in this controversy, constitutes a just guide for present action. I cannot bring myself to believe that the present generation of Delawareans will, when properly advised on the subject, find themselves less sensitive and earnest in maintaining the rights of the State than the genera­ tions which have preceded us. It would seem that if the controversy is ever to be settled finally, it could not be placed in a position ,of greater advantage than to em­ bmce the present opportunity to have it forever set at rest by the decision of that tribunal which, under the Fed­ eral Constitution, is competent to sit in judgment between sovereign States. From personal conference with the Attorney General and counsel who have heretofore rep­ resented the State in this litigation, and from such inves­ tigation .of the case as I have been able to make, I be­ lieve that the interests of the State have been carefully guarded in the past;: and that such interests will be f).1lly· protected in the future by such of the existing counsel for the State as are now living and as are now free to act in her behalf, together with the Attorney General of tht> State. "I therefore recommend that the General Assembly re­ new its declaration of purpose, not to abandon the vindi­ cation of its. sovereign right and title. to the territory which immemorially has bee11 conceded to be a part of its domain, and that it shall make such provision for the further defense thereof against ?,rhat must be considered 303

the unfounded pretensions of the State of New Jersey, as will comport with the honor, dignity and best interests of the State." Acting upon the suggestion o · this message, the Senate and · House of Representatives adopted the joint resolution, which was approved February 26, .1901, and which appears at page 531, Volume 22, Laws of Delaware. This resolution, after re 0 citing that said General Assembly was desirous to maintain the claims of this State set forth in the joint resolution passed Jan­ uary 28, 1877, to exclusive jurisdiction over that portion of the Delaware River which is included within the circle of twelve miles radius, taking the Court House in the City of New Castle as a central point, declared: ·

''That the Attorney General and such of the special counsel heretofore appointed to assist him as are now free to act in said behalf, be and they are hereby instructed to maintain the defense of said suit, and thev are herebv authorized to take such steps therefor as m~y be nece;­ sary." In due course the answer of the State of Delaware was pre­ pared and duly filed in the Supreme Court of the United States, and a copy of which answer I herewith send you. Issue has been joined upon the pleadings by the State of New Jersey._. The case has; therefore, now arrived at the stage when proof may be produced: No testimony h~s been taken. The prepara­ tion and presentation of this testimony, both on the part of New Jersey and upo,n the part of the State of Dela,vare wiU entail the production of ancient original documents, which are distrib­ uted probably mainly between London, England, and Albany, . N. Y. There may be some few records in the archives of the various counties of this State-chiefly New Castle County. The proper production of this testimony wiU entail very considerable expense. Owing somewhat to the expiration of the term of the Hon. Samuel H. Grey, late Attorney General for the State of New Jersey, and the succession of the Honorable Thomas N. Mc­ Carter, present Attorney General for said State, and the neces­ sity which Mr. McCarter found himself under to familiarize him~ 304 self with the case, the actual taking of testimony has not begun. There has recently c

At the conference above mentioned, between counsel for the· two States, it was agreed that the Attorney Generals and asso­ ciate counsel of the respective States should confer with the executive and legislative authorities of Delaware and New J er- 305 sey respectively, in order to ascertain tlm sentiment of the said authorities of the two States concerning the settlement of the cause upon lines to be hereafter determined. In view of the foregoing, I would there:ore advise you to send to the General Assembly a messag·e, recommending the appoint­ ment of a special joint committee of the Senate and House of Representatives to consider. and advise with the Attorney Gen­ eral and special counsel for this State concerning the proper disposition of the said territorial controversy between this State and the State of NewJersey. I remain; Yours very truly, HERiBERiT H. WARD, Attorney General. And on his further motion was ordered spread upon the min­ lites of the Journal. Mr. Hodgson, Clerk of the House, being admitted, informed the Senate that the House had passed and requested the. con'­ . currence of the Senate in the fo11owing House bins: House Bill No. 4, entitled: "An act to provide for making .title to real estate in which insane persons have an interest." And presented the same to the Senate. Mr. T. C. · Moore, ·from the Committee on Education, re­ ported back with favorable recommendation House Bill No. 19, entitled: "An act fixing the salary of a Comity Superintendent of Free Schools at twelve hundred do11ars." · On motion of Mr. T. C., Moore, the. bill just reported Was. taken up for consideration, And on hfa further motion, was read a third time, by para­ graphs, in otder to pass the Senate. On the question, "Shall the bill pass the Senate?" 30 306

On motio.n ()f Mr.1v.J:cNu1ty,

House Bill No. 119 ... Was. made special· order•. of· business for tcHnorrow h1orriing, at II o'cloc~~ .· ; H .. - • ~.....:· . JYir. T. C. Moore, frorri the . Com1;1itte'~on Educ?tion;. re­ ported. back·, with favorable .recommendation''. '

House Bill No. 20, entitled: "An act authorizing Certifi~~-tes to T~ach in the F~ee Schools without examination, in certain ·cases'!l . On-.motion of Mr.:T. C: Moore, the bill' just reported was taken· up for consideration, And on his further motion; was read'-:i third _fim,e, hy para-:- graphs, in order to pass the Senate. · · ·. · On the question; "Shall the bill pass the :Senate?'.' . ' The ye;s .and' n~ys were. ()rd~red: which, being: ~;~en,\ve~e as follows: · Yeas-Messrs. Allee, Brasure, Clements, Conner, Groves, Harrington, 'Jefferson; Latta, McNulty; .Mdofo, ;D:· O;; Moore, T. C., Pennewill, Smith, Sparks, Stirling;' Wright, Mr. President pro tempore. Na)'.s-N/>ne, So the question wa·s cletitled iii"the' affirirniti;e,· And the bill having received the reqttired coi1stitutional ma­ jority, . · ·' Passed •the Senate.···· Ordered .thatthe Hohse be iiifon;1ecl thereof, and 'the bill re­ turned to that body. Mr. 1\ C. Moon;; in pursu::i,nce .ofpi:ev-ious,,notice, asked leave to introduce a bill, . . Senate Bill N(). 30; entitled: 807

"An act autho6zing the appointment of a Notary Public for the real estate. office. of Cosgriff & Reynolds, in the tow11 of Smyrna/'. · And further. on his mot.ion, Rule 14 was suspended, And the bill was read a SGcond time, by its title, and Reforred to the Commi.ttee on Judiciary. Mr. Sn1ith, in pursuance of previous notice, asked leave to introduce a bill, Senate.Bill No. 31, entitl.ed:; "An act to create a new Election Districtin New Castle H uncl­ red, in New· Castle County, and to .·establish a polling phtce · therein." And further on his motion, Rule I4 was suspended, And the .bill was read a second time, by its title, and Referred tci the Committee on Elections. . . On motion of Mr. D. 0. Moore, House Bill No. 41, entitled:

"An act to provide for making title to real estate 111 which insane persons have an intere.st," . Was read a first time. On the further motion of Mr. D. 0. 1\/[oore. Rule 14 .was sus- pended 'as to this bill. · · · And further on his motion, the bill was read a second tii11e, by its title, and Referred to the Committee on Revised Statutes. Mr. Jefferson gave notice that on to-morrow, or some futur.e day, he would ask leave to introduce a bill, erititled: "An act restricting the charge of text-books :in the Public Schools of this State." . . . . . Mr. Smith gave notice that Ort to-morrow, or some future 308

day, he would. ask Jeave to introduce a bill, entitled: "An act a~thorizing the Wiilmington arid New Castle Electi:ic Railway Company to remove their elevated bridge, which cross­ . es the railroad. tracks of the. Pennsylvania, Baltimore and Washington, known as the "Cut-off," between New Castle and Wilmington. · · Mr. Smith, in ·pursuance of previous notice, askecl leave to in- troduce a bill, · Senate Bill No. 32, ·entitled: "An act regulatitlg the distribution. of advfrtising matter." And further on his rnotion, Rule 14 was suspended, And the bill was read a second time, by its title, and Referred to the Committee on Cities andTowns. Mr. Sparks .gave n~tice that on to-morrow, or some future clay, he would ask. leave to introduce a hill,. entitled:.. "A further supplement to an act, entitled, 'An act to provide for Public Parks for .the use of the· City of Wilmington arid its vicinity," Passed March 13th, 1883. Mr. Allee presented a joint resolutfo~; entitled: Senate Joint .Resolution No. 6;entitled: "Relating to the suit and controversy now pending in the Supreme Court of the United States between the Sta.tes of New Jersey and Delaware," Which, on his motion, Was read. Mr: Allee moved that the joint .resolution be adopted. On the question, "Shall the joint re-solution pass the Senate?" The yeas and nays were· ordered, which, being taken, were as follows: 309

Yeas-Me_ssrs. Allee, Brasure, Clements, Connor, Groves, Harrington, Jefferson, Latta, McNulty, Moore, D. 0., · Moore, T. C., Pennewill, Smith, Sparks, Stirling, ~i\Tright, Mr. Presi­ dent pro tempore. Nays-None. So the question was decided in the affirmative And the joint resolution having received the required consti- tutional majority, Was declared 'Adopted. Ordered to the House fo1: concurrence.

Mr. Allee moved that 200 copies of the Governor's communi­ cation, together with Senate Joint Resolution No. 6, and the letter from the Attorney General be printed," Which motion Prevailed. JOINT SESSION. The hour of twelve o'clock, noon, having arrived, the ·Seriate, 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 the purpose of voting for United States Senators, in obedience to the Act of Congress, entitled: "An act to regulate the time and manner of holding elections for Senators in Congress," Passed July 25, 1866. Mr. President pro tempore directed the Clerks to call .the rolls of the respective houses. All members present except Mr. Paradee, of the House. Mr. Allee, of the Senate, moved the reading of the_ Journals be dispens~d _with, \IVhich motion Prevailed. Mr. Sparks, of the Senate, moved that they proceed to vote for United States Senator for the term ending March 4th, 1907, ·which motion Prevailed. 310

The Clerks were directed to call the rolls of the respecti:vt> houses, and the members, as their names were called, responded by viva voce vote as follows, viz: · Mr. Allee, of the Senate, voted for John Edward Addicks. Mr. Brasure, of the Senate, voted for John Edward Addicks. Mr. Clements, of the Senate, voted for William Ross. Mr. Comier, of the Senate, voted for John Edward Addicks. Mr. Groves, of the Senate, voted for John Edward Addicks. Mr. Harrington, of the Senate, voted for Wii!liam Ross. Mr. Jefferson, of the Senate, voted for William Ross. Mr. Latta, .ofthe Senate, voted for William Ross: Mr. McNulty, of the Senate, voted for William Ross. Mr. D. 0. Moore, of the Senate, voted for John Edward Ad­ dicks. Mr. T. C Moore, of the Senate, voted for John Edward Ad- dicks. Mr.. Pennewill; of the Senate, voted for John ,:E;dwarclAddicks Mr.· Smith, of the Senate, voted for William Ro;;s. Mr. Sparks, o' the Senate, voted for Henry A. DuPont. Mr. Stirling, of the Senate, voted for Henry A Dupont. Mr. Wright, .of the Senate, voted for William Ross,·. Mr. President pro tern., of the Senate; voted for Henry A DuPont. Mr .. Allen,· of. the House, voted for '\i\Tilliam Ross .. Mr. Aspri!,. of the House, voted for Henry A. DuPont. Mr. Austin, of the House, voterJ for John Edward Addicks. Mr. Bancroft, of the House, voted for. Henry A. DuPont.· Mr. Bennett, of the House, voted for John Edward Addicks. 311

Nh·. BuclJmaster, of the House, voted for \i\Tilliam Ross. l\fr. Connelly, o· the House, voted for ·William Ross. :\!Ir. Cool~, of the House, voted for William Ross. Mr. Derrickson, of _the House, voted for Henry A. DuPont.

\ 1Ir. Eastburn,· of th~ Honse, voted for Henry A. DuPont . .Mr. Flinn, of the House, voted for Henry A. DuPont. Mr. Frazier, of the Rous~, voted for John Edward Addicks. Mr. Gehman, of the House, voted for John Edward Addicks. Y[r. Gooden, of the House, voted for William Ross. Mr. Hart, of the House, voted for William Ross. Mr. Holcomb, of the. House, voted for William Ross. :\fr. Hugh'es, of the House, voted for William R.oss. _ ?vlr. Jones, of the House, voted for John Edward Addicks. :\fr. Lawson, of the House, voted f_orJohn Edward Addicks. Mr. Lingo, ot the I--:Iouse,voted for John Edward Addicks. )/Jr. Lowe, of the House, voted for William Ross. . . :\fr .. Messick, of the House, voted for John Edward Addicks. )fr. :Monaghan, of the House, voted for \i\Tilliam Ross._ Mr. !VIorris on, of the House, voted for William Ross. i\fr. Newton, of the House, voted for John Edward Addicks. Mr. Paradee, of the House, absent.

Mr. ·Powell, of the House, voted for John 1Edward Addicks. . . . l\fr. Price, of the House, voted for Henry A. DuPonL i\fr. Purnell, of the House, voted for John Edward Addicks. Mr. Rose, of the House, voted for William Ross. :Mr. Thompson; of tiie House, voted for ·William Ross. .312

Mr. Townsend, of 'the House, voted for John £clwarcl Ad- dicks. · Mr. Tyre, of the House, voted for Henry A. DuPont. Mr. Warren, of the House, votecl for John Edward Addicks. Mr. Speaker, of the House, voted for John Edward Addicks. The vote as above ascertained having been announced, as fol- lows: For John Edward Ad clicks, twenty-one votes. For \i\Tilliam Ross, twenty votes. For Henry A. DuPont, ten votes. Total number of votes cast, 5 r. The Presidentpro tempore of the Senate declared that no per­ son having received a majority of. all the votes cast for United States Senator, · There was no elec.tion to said office. Mr. Pennewill, of the Senate, moved that they proceed to vote for United States Senator for the term encling J\iiarch 4, 1905, Which rnotion Prevailecl. The Clerks were clirect~cl to call the rolls of the respective houses, and the members, as their names were called, responded by viva voce vote as follows, viz: Mr. Allee, ofthe Senate, voted for J;lm Edward Addicks. Mr. Brasure, of the Senate, voted for John Edward Addicks. Mr. Clements, of the Senate, voted for Peter J. Ford. Iv[r. Conner, of the Senate, voted for John Edward Addicks. Mr. Groves, of the Senate, voted for T. Coleman DuPont. Ivir. Harrington, of the Senate, ,,otecl for Peter J. Forcl. Mr. Jefferson, of the Senate, voted for ·Peter J. Ford. 313

Mr. Latta, ·of the Senate, voted for Peter J. Ford. l\fr. McNulty, of the Senate, voted for Peter J. Ford. Mr. D. 0. Moore, of the Senate, voted for John Edward Ad­ dicks. Mr. T. C. Moore, of the Senate, voted for John Edward Ad- dicks. Mr. Pennewill, of the Senate, voted for John Edward Addicks. Mr. Smith, of the Senate, voted for Peter J. Ford. Mr: Sparks, of the Senate, voted for Anthony Higgins. Mr. Stirling, of the Senate,. voted for Harry A. Richard~on. Mr. Wright, of the Senate, voted for Peter J. Ford. Mr. President pro tempore, of the Senate, voted for Anthony Higgins. M'r. Allen, of the House, voted for Peter J. Ford. Mr. Aspri!, of the House, voted for Anthony Higgins. Mr. Austin, of the· I-fo~1se, voted for John Edward Ad'i!icks. Mr. Bancroft, of the House, voted' for Anthony Higgins. Mr. Bennett, of the House, voted for John Edward Addicks. Mr. Buckmaster, of the House, ;oted for Peter J. Fore!. Mr: Connelly, of the House, voted for Peter J. Ford. i\iI'r. Cook, of the House, voted for Peter J. Forcl. Mr. Derrickson, of the House, voted for Anthony Higgins. Mr. Eastburn, of the House, voted for Anthony Higgins. Mr. Flinn, of the House, voted for Anthony Higgins. Mr. Frazier, of the House, voted for John Edward Addicks. Mr. Gehman, of the House, voted for John Edward Addicks. Mr. Gooden, of the House, voted for Peter J. Ford. 40 314

Mr. Hart, of 4:he House, voted for Peter J. Ford._ Mr. Holcomb, of the House, voted for Peter J. Ferd. . . Mr. Hughes, of the Ho1.1se, voted for Peter J. Forcl. Mr. Jones, of the House, voted for T. Coleman DuPont. Mr. Lawson, of the House, voted· for John Edward Addicks. Mr. Lingo, of t.he House, voted for John Edward Addicks.· Mr. Lowe~ of the House, voted for Peter J. Ford. Mr. Messick,. of the House, voted for John E:dward' Addicks. Mr. Mon<1,ghan, of the House, yoted for· Peter J. Ford. Mr. Morrison, of the House, voted for Peter J. Ford. Mr. N ewt_on, of the. House, voted for John Edward Addicks. Mr. Paradee, of the House, absent. Mr. Powell, of the House, voted for John Edward Addicks. Mr.•.Price, of the House, vote.cl for Anthony Higgins. @ . . • . Mr. Purnell, of the House, voted fot) ohn Edward Addicks. Mr. Rose, of the House, voted for Peter J. Ford. Mr. Thompson, of the House, voted for Peter J. Ford. Mr. Townsend, of the House, voted for John Edward_ Ad- 9icks. Mr. Tyre, of the House, voted foi· Harry A. Richardson. · Mr. ·warren, of the House, 'voted for John Edward Addick;s. Mr. Speaker, of the House, voted for John Edward Addicks. The vote as above ascertah1ed having been announced, as fol-.· lows: 'For John Edward Addicks, nineteen vo~es. For Peter J. Ford, twenty votes. 815

For Anthony Higgins, eight votes. For T. Coleman DuPont, two votes. Foi· Harry A. Richardson, two votes. Total number of votes cast, 51. The President pro tempore of the Senate declared that no per­ son having received a rnajority of all the votes cast for United States Senator, There was no election to said office. On motion of Mr. McNulty, of the Senate, the .two houses separated, and the members of the Senate returned to their chamber.

On motion of Mr. Smith, the Senate took recess until 2 o'clock P. M.

' . Same Day-2 o'clock P. M. Senate reassembled at expiration of recess. l\fr: Sparks, in pursuance of previous notice, asked leave to introduce, a bill, Senate Bill No. 33, entitled: "An a.ct providing the days upon wh1ch the general ~lections are held in this State shall b~ legal holidays." 316

And further on his motion, Rule 14 was suspended, And the bill was read a second time, by its title, and Referred to the Committee on Revised Statutes. Mr. Conner, from the Committee on Revised Statutes, re­ ported back with favorable recommendation, Senate Bill No. 24, entitled: "An act to amend Chapter 477, Volume 15, Laws of Dela­ ware, entitled 'An act in respect to. chattel mortgages, extending tlie time of liens thereo '.' " On motion of Mr. Conner, the bill just reported Was taken up for consideration, And on his further motion was read a third time, by para­ graphs, in order to pass the Senate. On the question, "Shall the bill pass the Senate?" The yeas and nays, were ordered, which being taken, were as follows: · Yeas-Messrs. Allee, Clements, Connor, Jefferson, Latta, McNulty, Moore, D. 0., Smith, Sparks, Stirling, Wright, Mr. President pro tempore. Nays-None. So the question was decided in the affirmative, And the bill having received the required constitutional ma­ jority, Passed the Senate. Ordered to the House for concurrence. Mr. Hodgson, Clerk of the House, being admitted, iriformed the Senate that the House had concurred in the following Senate Joint Resolution: Senate Joint Resolution No. 6: 317

"Relating to the suit and controversy now pending in the Supreme Court of the United States b_etween the States of New Jersey and Delaware." Mr. Smith, on behalf of the Committee on Enrolled Bills, re­ ported as duly and correctly enrolled and ready for the signa­ ture of the President, the following Senate joi1:it resolutions: Senate Joint Resolution No. 5, as amended: "Joint resolution fixing the time beyond which new business will not be received by the present session of the General As- sembly." · · Senate Joint Resolution No. 4: "Joint resolution providing for the appointment of a joint committee of three to arrange for the removal of the remains of Governor George Truitt and providing for the expense of the same."

On motion of M'r. Sparks, the Senate adjourned until 10.30 to-morrow morning. 318

Thur,,day, February 5, 1903-ro.30 o'clock A, NL . Senate met pursuant to adjournment. Prayer by the Chaplain. Roll called. Members present-Messrs. Allee, Brasure, Clements, Conner, Groves, Harrington, Jefferson, Latta, Mc­ Nulty, Moore, D. 0., Moore, T. C., Pennewill, Smith; Sparks. 'Stirling, Wright, Mr. President pro tempore, Mr. President. Journal read and approved. Mr. Wright gave notice that on to.~morrow or some future clay h~ would ask leave to introduce a bill, entitled: "An act to further amend the act entitled 'An act to estab­ lish the State Board of Health for the State of Delaware,' Chap- ter 21, Volume 16, as amended." · Mr. Jefferson, in pursuance of previous notice, asked leave to introduce a bill, . . Senate Bill No. 34, entitled: ''An act restricting the .change of text books in the riublic schools of this State." And further on his motion, Rule 14 was suspended, And the bill was read .a second time, by its title, and Referred to the Committee on Education. ' j · Mr. Hodgson, Clerk of the House, being admitted, informed the Senate that the following House bills had been enrolled and signed by the Speaker of the House, and presented the same to the Senate for the signature of the President, entitled: House Bill No. 6: 319

"An act in relation to Ninth Street, west of :Market Street, i1I the City of ·Wilmington, prohibiting· street cars thereon."

House Bill No. 20:

"An act authorizing certificates to teach 111 the free schools without examination in certain cases." House Bill No. 78: "An act to appropriate money to pay the expenses of binding the enrolled bills of this State and providing additional space for certificate of incorporation and other paper pertaining there­ to." And for conct1rrence, House Bill No. 56, entitled: "An act to authorize the town of Smyrna to borrow six thou­ sand' dollars for the improvement of the water and the electric light plants in the said town," And presented the same to the Senate. Honse Bill No. 19, entitled: "An act fixing the salary of a County Superintendent of Free Schools at twelve hundred dollars." · Special order of business, vVas taken up for consideration.

After reading Section I, Mr. :tVJcNulty offered an amendment w said section, \i\Thich was read. On the question, "Shall the amendment be adopted?" The yeas and nays were ordered, which being taken, were as follows: · Yeas-Messrs. Clements, Harrington, Jefferson, Latta, NI'c­ Nulty, Smith, vVright, Mr. President pro tempore. Nays-Messrs. Allee, Brasure, Conner, Groves, Moore, D. 0., , 320

Moore, T. C., Pennewill, Sparks, Stirling, Wrig·ht. _ So the question was decided in the negative, And the amendment not having received the required consti­ tutional majority, Was declared Lost. On the question, "Shall the bill pass the Senate?" The yeas and nays were ordered, which being taken, were as follows: Yeas-Messrs. Allee, Brasure, Clements, Conner, Groves, Latta, McNulty, Moore, D. 0., Moore, T. C., Pennewill, Smith, Sparks, Stirling, v\Tright, Mr. President pro tempore. Nays-Messrs. Han)ngton, Jefferson. So the question was decided in the affirmative, And the bill having received the required constituti'onal ma­ jority, Passed the Senate. Orderecl that the House be informed thereof, and the hill re­ turned to that body. Mr. Hodgson, Clerk of the House, being· admitted; informed the Senate that the House Joint Resolution No. 13, Had been enrolled and signed by the Speaker of the Honse, and presented the same to the Senate for the signature of the President, entitled: House Joint Resolution No. 13, entitled: "House Joint Resolution authorizing the appointment of a committee to await upon the steamboat companies and the rail­ road companies of this State, and to secure special rates for the· hauling and carrying of all road materials and supplies to be used only for the construction and improvement, the huild­ ing and ~epairing of public roads in this State," 1321

And presented the same to the Senate .. On motion of Mr. T. C. Moore, House Bill No. 56, entitled: "An act to authorize the town of Smyrna to borrow six thou­ sand dollars for the improvement of the water and the electric light plants in said town," 'vVas read a first time. . On the further motion of Mr. T. C. Moore, 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 . .Mr. 'vV'right gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled: "An act authorizing the .Governor to appoint an additional Notary Public for Wilmington Hundred, New Castle County, for the office of American Suret? Company of New York." . Mr. Hodgson, 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 bills: House Bill No. 27, entitled: "An act to i11crease the salary of the State Libraria11," And presented the. same to the Senate. On motion of Mr. Conner, House Bill No. 27, entitled: "An act to increase the salary of the State Libr~rian," Was read a first time. On the further motion of Mr. Conner:, Rule 14 was suspended as to this bill. · 41 And further on his motion the bill was read a second time, by its title, and· Referred to the Committee on Revised Statutes . . •Mr. Brasure gave notice that on to-morrow, or some future day, he would ask leave to introduce a bill, entitled: "A1i act to repeal Chapter 555, Volume 19, of Laws of Dela­ ware, entitled, 'An act to encourage the consumption of grain and raise revenue for State purposes.'" Mr. Hodgson, 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 bills: . . House Bill No. 76, entitled: "An act to change the name of Benjamin B. Palmer to Ben­ jamm B. Ewing," House Bill No. 40: i/An act to amend Chapter 154, S~ction II, Volume 15, Laws of 'Delaware." And presented the same .to the Senate. On motion of Mr. Stirling, 'House Bill No. 76, entitled: "An act to change the name of Benjamin B. Palmer to Ben­ jamin B. Ewing," . Was rea·d a first tirrie. On the further motion of Mr. Stirling, Rule 14 was suspended as to this bill. And further on his motion the bill was read a second time, hy its title, and• · Referred to the Committee on J ucliciary · On motion of Mr. Stirling, . House Bill No. 40, entitled: 323

"An act to amend Chapter 154, Section II, Volume 15, Laws of Delaware," . Was read a first time. On the farther motion of Mr. Stirling, Rule 14 was suspended as to this bill. Ancl further on his motion, the bill was read a second time, by its title, and · Referred to the Committee on Judiciary. Mr. Hodgson, Clerk of the House, being admitted, returned to the Senate the following duly and correctly enrolled Senate Joint Resolutions, the same having been signed by i:Mr. Presi­ dent pro tempore of the Senate and the Speaker of the House: Senate Joint Resolution No. 4, entitled: "Providing for the appointment of a Joint Committee of Three to arrange for the removal of the remains of Governor George Truitt, and providing for the expense of the same."

Senate Joint Resolution N Q. 5, entitled: "Fixing the time beyond which new bttsiness will not be re­ ceived by the present session of the General Assembly.".

JOINT SESSION. The hour of twelve o'clock, noon, having arrived, the Senate, . preceded by the President pro tempore and attended by the Clerks ancl . Serg·eant-at-Arms, proceeded to the Hall of the House of Representatives, for the purpose of voting for United States Senators. in obedience to the Act of Congress, entitled: "An act to regulate the time and manner of holding elections for Senators in Congress," . I Passed July 25, 1866. Mr. P1~esidei1tpro i:empore directed the Clerks to call the ro!Is of the respective houses. · All members present except Mr. Parade~, of the House. · Mr. Holcomb, of the House, moved the re.ading of the J our­ nals be dispensed with, Which motion Prevailed. Mr. Smith, of the Senate, moved that tliey proceed to vote for United States Senator for the term ending March 4th, 1907, · Which motion Prevailed. The Clerks were directed to call the rolls of the respective houses, and the members, as their names were called, responded by viva voce vote, as follows, viz.: Mr. Allee, of the Senate, voted for John Edward Addicks. Mr. Brasure, of the Senate, voted for John Edward Addicks. Mr. Clements, of the Senate, voted for William Ross. Mr. Conner, of the Senate, voted for John Edward Addicks. Mr. Groves,· of the Senate, voted for John Edward Addicks. Mr. Harrington, of the Senate, voted for William Ross. Mr. Jefferson, of the Senate, voted for William Ross. Mr. Latta, of the Senate, voted for William Ross. Mr. McNulty, of the Senate, voted for William Ross. · Mr. D. 0. Moore, of the Senate, voted for John Edward Ad­ dicks. Mr. T. C. Moore, of the Senate, voted for John Edward Ad- dicks. Mr. Pennewill, of the Senate, voted for John Edward Addicks. Mr. Smith,, of the Senate, voted for William Ross. Mr. Sparks, of the Senate, voted for Henry A. DuPont. Mr. Stirling, of the_ Senate, voted for HenryA. DuPont. Mr. Wright, of tJie Senate., voted for \i\Tilliam Ross. Mr. President pr9 tempore, of the Senate, voted for Henry A. DuPont. 325

Mr. Allen, ofthe. House, votecl for Williai11 Ross. Mr. Aspri!, of the House, voted for Henry A. DuPont. Mr. Austin, of~the House, voted f9r John Edward Addicks. Mr. Bancroft,, ofthe Hotis~, voted 'for Henry A. DuPont. . Mr. Bemi.ett, of the House, voted for John Edward Addicks, 'Mr. Buckmaster; of the House, voted for \iVilliam Ross. Mr. Connelly, of the House, voted for William Ross. Mr. Cook, of the House, voted for William ·Ross. Mr. Derrickson, .of the House, voted for Henry A. DuPont. Mr. Eastburn, of the Hoitse, voted for Henry A. DuPont .. · Mr. Fli1i.n, of the House, voted for Henry.A. DuPont. I , Mr. Frazier; of the House, votedfor John Edward Addicks. ·. Mr. Gehman, of the House, voted for Jolm Edward Addicks: Mr; Gooden, of the House, voted for Wiiliam Ross. . Mr. Hart, of the House; .voted for William Ross. · Mr. Holco~nb, of the House, voted for \i\Tilliam Ross. Mr. Hughes, of the House, v.oted for William Ross. Mr. Jones, of the House, voted for John Edward Addicks. Mr. Lawson, of the House; voted for John Edward Addicks. · Mr. Lingo, of tlre House, voted for John Edward AddickJ . . I . Mr. Low;, of the House, voted for William Ross. Mr. Messick, of the House,· voted for John Edward Addicks. Mr. Monaghan, of the House, voted for \i\Tilliam Ross. Mr. Morrison, of the House, voted for ·William Ross. Mr. Newton, of the House, voted for John Edward Addicks; Mr. Paradee, of the House, absent. 32G

Mr. Powell, of the House, voted for John Edward Addicks. Mr. Price, of the House, voted for Henry A. DuPont. Mr. Purnell, of the House, voted for John Edward Addicks. Mr.· Rose, of the House, voted for \Nilliap1 Ross. Mr. Thompson, of the House, voted for William Ross. Mr. Townsend, of the House, voted for John Edward Addicks. Mr. Tyre, of the House, voted for Henry A. DuPont. Mr. \i\Tarren, of the House. voted for John Edward Addicks. Mr. Speaker, of the House, voted for John Edward Addicks. The vote as abo,,e ascertained having been announced, as follows: For John Edward Addicks, twenty-one votes. For William Ross, twenty votes. For Henry A. DuPont, ten votes.

Total number of votes cast, 511. The President pro tempore of the Senate declared that no person having received a majority of all the votes cast for United States Sepator, There was no election to said office. Mr. Pennewill, of the Senate, moved that they proceed to vote for United States Senator for the term ending March 4th, 1905, · Which motion Prevailed. · The Clerks were directed to call the rolls of the respective houses, and the members, as their names were called, responded by viva voce vote, as follows, viz.: Mr. Allee, of the Senate, voted for John Edward Addicks. Mr. Brasure, of the Senate, voted for John Edward Addicks. Mr. Clem~nts, of the Senate, voted for Peter J. Ford. 327

. . Mr. Conner, of the Senate, .voted for John Edward Addicks. Mr. Groves, of the Senate, voted for T. Coleman DuPont. Mr. Harrington, of the Senate, voted for Peter J. Ford. Mr. Jefferson, of the Senate, voted for Peter J. Ford. Mr. Latta, of the· Sel}~te, voted for Peter J..Ford. Mr. McNulty, of the ·senate, voted for Peter J. Ford. . . Mr. D. 0. Moore, of the Senate, voted for John Edward Ad­ dicks. Mr. T. C. Moore, of the Senate, voted for John Edward.Ad- dicks. Mr. Pennewill, ·of the Senate, voted for John Edward Addicks. Mr. Smith, of the Senate, voted for Peter J. Ford. Mr. Spairks, of-the Senate, voted for Anth?ny Higgins. Mr. St.ii-ling, of the Senate, voted for Harry A. Richardson. Mr. Wright, of the Senate, voted for Peter J. Ford .. Mr. P1resident pro tempore, · 9f the Senate, voted for Anthony Higgins. · ]\fr Allen, 0f the House, voted for Peter J. Ford. Mr. Aspril, of_the House, voted for Anthony Higgins.

1. Mr. Austin, of the House, voted for John Edward Addicks. Mr. Bancroft, of the House, voted for Anthony Higgins. Mr. Bennett, of the House, voted for John Edward Addicks .. Mr. Buckmaster, of the House, voted for Peter J. Ford. Mr. Connelly, of the Ho{1se, voted for Peter J. Ford. Mr.· Cook, of the House, voted for Peter J. Ford. Mr. Derrickson, of the Hous~, voted for Anthony Higgins. Mr. East~urn, of the House, voted for Anthony Higgins. 328

Mr. Flinn, of the House, voted. for Anthony Higgins. Mr. Frazier, of the House, voted for John Edward Addicks. Mr. Gehman, of the House, voted for John Edward Addicks. Mr. Gooden, of the House, voted for Peter]. Ford. Mr. Hart, of the Hoi1se, v9ted for Peter J. Ford. Mr. Holcomb, of the Honse, voted for Peter J. Ford. Mr. Hughes, of the House, voted for Peter J. Ford. Mr. Jones, of the Hous~, voted for T. Coleman DuPont. Mr. Lawson, of the House, voted for John Edward Addicks. Mr. Lingo, of the House, voted for John Edward Addicks. Mr. Lowe, of the House, voted for Peter J. Ford. Mr. Messick, of the House, voted for John Edward Addicks. Mr. Monaghan, ·of the House, voted for Peter J. Ford. Mr.- Morrison,' of the House, voted for Peter J. Ford. Mr. Newton, of the House, voted for John Edward Addicks. Mr. Paradee, of the House, absent. Mr. Powell, of the House, voted for John Edw;ird Addicks .. Mr. Price, of the House, voted for Anthony Higgins. Mr. Purne11, of the House, voted for J cilm Edwar'cl Aclclicks. Mr. Rose, of the House, voted for Peter J. Ford. Mr. Thompson, of the House, voted for Peter J. Ford. Mr. Townsend, of the House, voted for Johri Edward Addicks. Mr. 'fyre, of the House, voted for Harry A. Richardson. Mr. Warren, of the House, yoted for John Edward Addicks. Mr. Speaker, of the House, voted for John Edward Addicks: The. vote as above ascertained having been announced, as· follows: For John Ed-i.vard Addicks, nineteen votes. For Peter J. Ford, twenty votes. ,For 'Anthony Higgins, eight votes . . For T. Coleman' ·DuPont, t"','9 votes. For Harry A. Richardson, two votes. Total number of votes ~ast, 5;t.' The Presid~nt pro tempore of t11e Senate ·declared that no person having received a majority of all the votes cast for United States Senator, · There was no election to said office. On motion of Mr. Wright, of the Senate, ·the two housef · separated, and the members of the Senate returned to their chamber, . . . ' On motion of.Mr. Smith; the Senate took recess until 2 o'clock P.,M.

· Same Day-2 o'clock P. NL The Senate reassembled at expir·ation of recess. On motion of. Mr. Sparks, the Senate proceeded to the House of Representatives to attend the temperance meeting. 42 330

'Members retur~ed to the Senate chamber. On motion of Mr. Harrington, the Senate adjourned until 10.30 o'clock to-morrow morning. 331

. . Ftiday, February 6th, 1903-10.30 o'clock A. M. Senate met pursuant to adjournment. Prayer by Chaplain. Roll called. Members present-Messrs. Allee, Brasure, Clem­ ents, Conner, Groves, Harrington, Jefferson, Latta, McNulty, Moore, D. 0., Moore, T. C., Pennewill, Smith; Sparks, Stirljng, Wright, Mr. President pro tempore. On motion of Mr. ·Allee, the reading of the Journal was dis- · peni,ed with. On motion of Mr. T. C. Moore, the Senate took recess until. rr.30 A.~- ·

Same Day-11.30 A. M. The Senate r~assembled at expiration of recess. Mr. T. C. Moore gave notice that on to-morrow, or some fu_, tnre day, he would ask. leave to introduce a bilf, entitled: "An act to exempt certain persons from the operation of Chap­ ter 67, Volume :;n, Laws of Delaware, and to en·able them to es­ tablish schools for their children in Kent County."

JOINT SESSION. The hour of twelve o'clock, noon, having arrived, the Senate. 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 the purpose of voting for United States Setrators. in obedience to the Act of Congress, entitled: "An act to regulate the time and manner of holding elections for Senators in Congress," · Passed July 25, 1866. Mr. President pro tempore directed the Clerks to call the rolls of the respective hottses; All members present, Mr. Holcomb, of the House, moved the reading of. the J our­ nals be dispensed with, ' -- ' \. Which motion Prevailed. Mr. Harrington, of the Senate, moved that they pt'oceecl to yote for United States Senator for the term ending March 4th . . 1907, Which motion Prevailed. The Clerks were directed to call the rolls of the respective houses, and the members, as their names were called, responded by viva voce vote, as follows, viz.: Mr. Allee, of the Senate, voted £orJohn Edward Addicks. Mr. Brasure, of the Senate, voted for John .Edward Addicks. Mr. Clements, of the Senate, voted fqr L. Irving Handy. Mr. C:onner, of the Senate, voted for John Edward Addicks. Mr. Groves, of the Senate, voted for John Edward Addicks. 833

Mr. Harrington, of the Senate, voted for L. Irving Handy. Mr. Jefferson, of the ~enate, voted for L. Irving Ha1idy. Mr.· Latta, of the Senate, voted for L. Irving Handy. Mr. McNulty, of the Senate., voted for L Irving Handy. Mr. D. 0. Moore, of the Senate, voted for John Edward Ad­ dicks. Mr. T. C. Moore, of'the Senate, voted for John·Edward Ad- dicks. Mr. Pennewill, of the Senate, voted for John Edward Addicks. Mr .. Smith, of the Senate, voted for L. Irving Handy. Mr. Sparks, of the Senate, voted for Lewis Heisler Ball. Mr. Stitling, of the Senate, voted for Lewis Heisler Ball. Mr. Wright, of the Senate, voted for L. Irving Handy.· Mr. President pro tempore, of the Senate, voted for Lewis Heisler Ball. Mr. Allen, of the House, voted for L. Irving· Handy. Mr. Aspri!, of the House, voted for Lewis Heisler Ball. Mr. Austin, of the House, votecf for Jolin Edward Addicks. Mr. Bancroft, of the House, voted fm Lewis Heisler Ball. Mr. Bennett, of the House, ;voted for John Edward Addick?: Mr: Buckmaster, of the House, voted for L. Irving Handy, Mr. Connelly, of the House, voted for L. Irving Handy. Mr. Cook, of the House, voted for L. Irving Handy. Mr: Derrickson, of the House, voted for Lewis Heisler Ball. Mr. Eastburn, of the House, voted for Lewis Heisler Ball. Mr. Flinn, of the House, voted for Lewis Heisler Ball. Mr. Frazier, of the House, voted for John Edwa,rd Addicks. 334

Mr. Gehman, of the House, voted for John Edward Addicks. Mr. Gooden, of the House, voted for ,L. Irving Handy. Mr. Hart, cif the Honse, voted for L. Irving Handy. Mr. Holcomb, of the House, v;ted for L. Irving Handy. Mr. Hughes, of the House, voted for L. Irving Handy. Mr. Jones, of the House, voted for Jqhn Edward Addicks. Mr. Lawson, of the House, voted for John Edward Addicks. Mr. Lingo, of 'the House, voted for John Edwarc! Addicks. Mr. Lowe, of the House, voted for L. Irving Handy. Mr. Messic!,:, of the House, voted for John Edward Addicks. Mr. Monaghan, .of the House, voted for L. Irving Handy. Mr. Morrison, of the House, voted for L. Irving Handy. Mr. Newton, of the f:Iouse, voted for John Edward Addicks. Mr. Paradee, of the House, voted for L. Irving Handy, Mr. Powell, of the House, voted for John Edward Addicks. Mr. Price, of the House, voted for Anthony Higgins. Mr. Purnell, of the House, voted for John Edward Addicks. Mr. Rose, of the House., voted for L. Irving Handy. · Mr. Thompson, of the House, voted for L. Irving Handy. Mr. Townsend, of the House, voted for John Edward Addicks. Mr. Tyre, of the House, voted ,for Anthony Higgins. Mr. Warren, of the House, voted for John Edward Addicks. Mr. Speaker, of the House, voted for John Edward Addicks. The vote as above ascertained having been announced, as follows: For John Edward Addicks, twenty-one votes. 335

For L. Irving Handy, twenty-one votes. For Lewis Heisler Ball, eight votes. For Anthony Higgins, two votes. Total number of votes cast, 52. The President pro tempore of the Senate declared that no person having received a majority of all the votes cast for United States Senator, There was no election to said office. Mr. Pennewill, of the Senate, moved that they proceed- to vote for United States Senator for the term ending March 4th, 1905, · vVhich motion Prevailed. The Clerks were directed to call the rolls of the respective houses, and the members, as their names were called, responded by viva voce vote, as follows, viz.: · Mr. Allee, of the Senate, voted for John Edward Addicks. Mr. Brasure, of the Senate, voted for John Edward Addicks. 'Mr. Clements, of the Senate, voted for Ebe W. Tunnell. Mr. ·conner, of the Senate, voted for John Edward Addicks. Mr. Groves, of the Senate, voted for T. Coleman DuPont;, Mr. .Harrington, of the Senate, voted for ·Ebe W. Tunnell. Mr. Jefferson, of the Senate, voted for Ebe VV.Tunnell. Mr. Latta, of the Senate, voted for Ebe vV'. Tunnell. Mr. McNulty, of the Senate, voted for Ebe W. Tunnell. Mr. D. 0. Moore, of the Senate,, voted for John Edward Ad­ dicks. Mr. T. C. Moore, of the· Senate, voted for John Edward Ad­ dicks. - . · Mr. Pennewill, of the Senate, voted for John Edward Addicks. !Mr. Smith, of the Senate, voted for Ebe Vv. Tunnell. Mr. Sparks, of the Senate, voted for Henry A. DuPont. Mr: St:rling, of the Senate, voted for Henry A. DuPont. Mr. Wright, of the Senate, voted for Ebe W. ~runnelL Mr. Presiden_t pro tempore, ~f the Senate, voted for B enry A. DuPont. · Mr. Alle11, of the House, voted for Ebe W. Tunnell. J\fr. Aspril, of the I-I'ouse, voted for Henry A. DuPont .. Mr. Austin, of the House, voted for John Edward Addicks. Mr. Bancroft, of the House, voted for Henry A. DuPont. Mr. Bennett, of tJ.1e House, voted for John Edward Addicks. Mr. Buckmaster, of the House, voted for Ebe W. Tunnell. Mr. Connelly, of the Honse, voted for Ebe W. Tunnell. Mr. Cook, of the House, voted for Ebe W. Tunnell. Mr. Derrickson, of the House, voted for Henry A. DuPont. Mr. Eastburn, of the House, voted for Henry A. DuPont. , , . Mr. Flinn, of the House, voted for Henry A. DuPont. Mr. Frazier, of the 1-Iouse, voted for John Edward Addicks. Mr.· Gehman, of the House, votecUor John Edward Addicks.

1l\1r. Gooden, of the House, voted for Ebe W. Tunnell. Mr. Hart, of the House, voted for Ebe W. Tunnell. Mr. Holcomb, of the House, voted for Ebe W. TunneH. Mr. Hughes, ofthe House, voted for Ebe \"fl/;.Tunnell. Mr. Jones, of the House, voted for T. Coleman DuPont. Mr. Lawson, of the House, voted for John Edward Addicks. Mr. Lit1go, of the House, voted for John Edward Addicks; 837

Mr. Lowe, of the House, voted for Ebe W. Tunnell. Mr. Messick, of the House, voted for John Edward Addicks. Mr. 'Monaghan, of the House, voted for Ebe W. Tunnell. Mr. Morrison, of the House, voted for ·Ebe W. Tunnell. Mr. Newton, of the House, vored for J ohri Edward Addicks. Mr. Paradee, of the House, voted for Ebe W. Tunnell. Mr. Powell, of the House, voted for John Edward Addicks. Mr. Price, of the House, voted for Harry A. Rkha:rdson. Mr. Purnell, of the House, voted for John Edward Addicks. Mr. Rose, of the House, voted for Ebe .W. Tunnel[ Mr. Thompson, of the House, voted for Ebe W. Tunnell. Mr. Townsend, of the House, voted for John Edward Addicks. Mr. Tyre, of the House, voted for Harry A. Richardson. Mr. Warren, of the House, voted for John Edward Addicks. Mr. Speaker, of the House, voted for John Edward Addicks. The vote as above ascertained having been announced, as follows: . . For John Edward Addicks, nineteen votes. For Ebe W. Tunnell, twenty-one votes. For T. Goleman DuPont, two votes. For Henry A. DuPont, eight votes. For Harry A. Richardson, two votes. Total number of votes cast, 52. The President pro tempore of the Senate declared that no person having received a majority of all the votes cast for United States Senator, There was no election to said office. 43 338

On motion of Mr. McNulty, of the Senate, the two houses separated, and the members of the Senate returned to their chamber. Mr. Sparks offered the following resolution: "Resolved, That all ·pairs for to-morrow's session shall be re­ corded with the Clerk before adjournment to-clay, and any mem­ ber so paired shall not vote for United States Senator at said session to-morrow without consent of the member with whom he is paired." On motion of Mr. Conner, The resolution was Adopted. Mr: President pro tempore directed the Clerk to read the following pairs for to-morrow's session: Mr. Allee with Mr. Harrington. Mr. Sparks with Mr. McNuity. Mr. Groves with Mr. Smith. Mr. T. C. Moore with Mr. Wright Mr. Sterling with Mr. Latta. Mr. Pennewill with Mr. D. 0. Moore. Mr. President p~o tempore with Mr. Clements.

On motion of Mr. Sparks, the Senate took recess until 2 o'clock P. M.

Same Day-2 o'clock P. M. Senate reassembled at expiration of recess. 339

Mr. Hodgson, Clerk of the House, being admitted, informed the Senate that House Bill No. 19, Had been, enrolled and signed by the Speaker of the House, and presented the same to the Senate for the signature o · the President, .entitled: "An act fixing the salary of a County Superintendent of Free' Schools at twelve hundred dollars," - And presented the same to the Senate. Mr. Brasure gave notice that on to-morrow or some future day he would ask leave to introduce a bill, enti 1tled:

"An act to repeal Chapter 378, Volume 20, Laws of Delaware, entitled 'An act to grade and regulate grain distilleries in the State of Delaware.'" · Mr. Brasure gave notice that on to-morrow or some future clay he would ask leave to introduce a bill, entitled: "An act to amend Chapter 384, Volume 16, Laws of Delaware, entitled 'An act for the suppression of intemperance,' by re­ enacting Section 6 of said chapter and volume." Mr. Brasure asked that the following communication be read:

Wilmington, Del., February 6, 1903. To the Hon. President and Members of the State Senate of Delaware. Gentlemen: You are cordially' invited to attend an entertain­ ment to be given in the; Grand Opera House, vVilmington, on the evening of February 16. This entertainment will be given under the auspices of the Jr. Order United American Mechan­ ics of this State. The very best talent has been secured for that evening·and a grand entertainment and good time is assured. Seats will be reserved for the members of your Honorable 340

Body who may favor us with their presence. I Yours respectfully; THE.COlVlMITTEE, By James W. Robertson, State Councillor. On motion of Mr. T. C. Moore, The invitation was , . Accepted. Mr. Latta gave notice that on to-morrow or some future day he would ask leave to introdi.1ce a bill, entitled: "An act to amend Chapter 574, Volume 18, Laws of Delaware, 1relating to the expenditure of road taxes· in Blackbird Hun­ dred, New Castle County."

On motion of Mr. Conner, the Senate adjourned until II o'clock to-morrow morning. B41

Saturday, February 7, 1903-II o'clock A. M. Sen.ate met pursuant to adjournment. Mr. Conner as presiding officer. Prayer by the Chaplain. . . Roll called. Members present-Messrs. Conner, Jefferson. On motion of Mr. Jefferson, the reading of the Journal was . dispensed wit'h.

JOINT SESSION. The ho·ur of twelve o'clock, noon, having arrived, the Senate, preceded by the President pro tempore and attendee! by the Clerks and Sergeant-at-Arms, _proceeded t6 the Hall of the House of Representatives, for the purpose of voting .for United States Senators, in obedience to the Act of Congress entitled:. "An act to regulate the time and manner of holding elections for Senators in Congress," Passed July 25, 1866. Mr. Jefferson, of the Senate, moved Mr. Conner act as pre­ siding officer, \i\Thich motion Prevailed. Mr. President pro tempore directed the Clerks to call the rolls of the respective houses. · All members absent except Mr. Conner and Mr. Jefferson, 9f the Senate, and Mr. G_ooclen-and Mr. Speaker, of the House. Mi·.Jefferson, of the Seriate, moved the reading of the J our­ nals be dispensed ,with, 342

Which motion Pr:evailed. Mr. Jefferson, of the Senate, moved that they proceed to vote i for United States Senator for the term ending March 4, 1907, . . Which motion Prevailed. The ·Clerks were directed to call the .rolls of the respective houses, and the members,. as their names were called, responded by viva voce vote as follows, viz: Mr. Conner, of the Senate, voted for John Edward Addicks. Mr. Jefferson, of the Senate, voted for L. Irving Handy. Mr. Gooden, of the House, voted for L. Irving HandY:. Mr. Speaker, of the House, voted for John Edward Addicks. The vote as above ascertained having been announced, as fol- lows: ,· . For John Edward Addicks, two votes. For L. Irving Handy, two votes. ' Total number of votes ca.st, 4; The presiding officer of the Senate declared that no person having received a majority of all the votes cast for United States Senator, · There was· no election to said office. . Mr. Jefferson, of the Senate, moved th~t they proceed to vote for United States S,enator for the term ending March 4, 1905, Which motion Prevailed. The Clerks we're directed to call the rolls of the respective houses, and the members, as their names were called, responded by ';iva voce vote as follows, viz: Mr. Conner, of the Senate, voted for John Edward Addicks. M;. Jefferson, of the Senate, voted for· .Ebe W. Tunnell. Mr. Gooden, of'the House, voted for Ebe W. Tunnell. 343

Mr. Speaker, of th~. House, Voted for John Edward Addicks. , The vote as ci.bove asGertafoed having been a:nnounced, as.fol- lows: · · For John Edward Addicks, two votes. For Ebe W.Tunnell, two votes. · Total nmnber of votes cast, 4. The .presiding officer of the Senate· declared that no person having received a majority of all the votes cast for United States Senator, ·· . There was no election to said office. On motion of Mr. Jefferson, of the Senate, the two houses separated, and the members of the Senate returned to their chamber. · On motion ofMr. Jefferson, the Senate adjourned until 10.30 o'clock Monday morning. · · 344

JVIonclay, Febrnary 9, 1903-10.30 o'clock A. M. Senate met pursuant to adjournment. Prayer by the Chaplain. Roll called. Members present-Messrs. Allee, Brasure, Clements, Conner, Groves, Harrington, Jefferson, Latta, Mc­ Nulty, Moore, D. 0., Moore, T. C., Pennewill, Smith, ·Sparks, Stirling, Wright, Mr. President pro tempore, Mr. President. Journal read and approved. Mr. President directed the following communication read:

February 9, 1903. Hon. Philip L. Cannon, President of the Senate. Dear Sir: The Committee on Legislation .appointed by the Board of· Trustees of Delaware College request that they be given a hearing by the Senate and House in the Hall of the House of Representatives, on Friday, 13, 1903, at 2 o'clock P. 1\11.,for the purpose of presenting the needs of the College. Yours very truly, GEO. W. MARSHALL, Chairman On motion of .l\;Ir.McNulty, the communication was accepted and request granted. Mr. Smiti1 gave notice that on to-morrow or some future clay he would ask leave to introduce a bill, entitled: · · "An a~t to simplify future amenclatory acts." Ml". Clements gave notice that on to-morro~ 'or some future 345

day he would ask leave to introduce a bill, entitled: "An act to re-incorporate the town of ..Cheswold." Mr. D. 0. Moore gave notice that on to-morrow or some fu­ . ture day he would ask leave to .introduce a bill, entitled: "Au act in relation to the bonding of certain officers in Sus­ se,;: · County." Mr. D. 0. Moore gave. notice that on to-morrow or some fu- ture clay he would ask leave to introduce a bill, entitled: · "An act to enable the .town o·· Laurel to borrow monev' and. issue bonds _for the purp.ose of refunding a. debt due the s·ussex Trust, Title and Safe Deposit Company,. of Laurel, Dela~are." Mr. Hodgson, Clerk of the f!o!,lse, being admitted, informed, the Senate that. the House had passed and· requested the con­ currence of the Senate in the following House bills: House Bill No. 65, entitled: "An act incorporating the School, CommiUees of United School Districts, Nos. 163 and 163~, of Sussex County, -by the name of, the Delmar Public Schools, and authorizing said Del­ mar ,Public Schools to provide better school buildings, and to horrov;, money, is?ue bonds :and levy faxes." House Bill No. 28: "An act authorizing the Commissioners of-the K.enton Public · _Schools to raise an additional sum of money by taxation." House Bill No. 71: "An act prohibiting the manufacturing and sale of cigarettes, cigarette pape~s and cigarette tobacco _within this State," · And presented the same to the Senate. Mr. Wright, in pursuance. of previous notice, asked leave to. introduce a bill, Senate Bill No. 35, entitled: "An act authorizing the Governor to appoint an additi_onal No- ' . 44 taty Public for ·Wilmington Hundred, New Castle County, for the office of American Surety Company, of New York." And further on his motion, Rule 14 ,vas suspended, And the bill was read. a second .time, by its title, and Referred to the Committee on Judiciary. On motion of Mr, Clements, House Bill No. 28, entitled: "An act authorizing the ·Commissioners of .the Kenton Public Schools to ni.ise an additional sum of money by taxation," \i\Tas read a first time. On the further motion of Mr. Clements, Rule ;14 was suspended as to this -bill. And further on his motion the bill was read a second time, bv its title, and · • Referred to the Committee on Education. - On motion of Mr. Brasure, House Bill No. 71, entitled: "An act prohibiting the manufacturing and sale of cigarettes, cigarette papers and cigarette tobacco within this State," \i\Tas read. a first time. On the further motion of Mr. Brasure, Rule 14 was suspended as t9 this bill. · And further on his motion the bill was read a second time, by its title, and Referred to the Committee on Revised Statutes. Mr. Latta, in pursuance of previous notice, asked leave to in­ troduce a bill, Senate Bill No. 36, entitled: "An act to amend Chapter 574, Volume 18, Laws of Delaware, B47 relating to the expenditure of road taxes in Blackbird Hundred, New Castle CountY,." And further on his motion, Rule 14 was suspended, And the bill was read a second tin~e, by its title, and Referred to the Committee on Revised Statutes. Mr. Elli'son, iri pursuance of previous notice, asked leave to in­ troduce a bill, Senate Bill No. 37, entitled: "An act to change the voting place in the Second Election District of the Eleventh Representative District in. New Castle County." And further on his motion,· Rule 14 was suspended. And the bill was read a second time,. by its title, and Referred to the Committee on Elections. On motion of Mr. D. 0. Moore, House Bill No. 65, entitled: "An act incorporating the School Committee of United School Districts Nos. 163 and 163-t of Sussex County, by the name of the Delmar Public Schools, and authorizing said Delmar Pub­ lic Schools to provide better school buildings, and to borrow money, issue bonds, and levy taxes," Was read a first time. On the further motion of Mr. D. 0. i\/Ioore, Rule 14 was sus­ pended as.to this b;ll. And further on uis motion, the bill was read a second time, by its title, and Referred to the Committee on Education. Mr. Smith moved, the attorneys of the General Assembly be authorized to have printed for distribution five hundred (500) copies of the laws, as collated, concerning the Delaware State Hospital, at Farnhurst, 348

Which motion Prevailed.

JOINT SESSION. The hour of twelve o'clock, no.on, having arrived, the Senate, 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 the purpose of voting for United States Senators, in obedience to the Act of Congress, entitled: "An act to regulate the time and manner of holding elections for Senators in Congress," . Passed July 25, 1866.

1Mr. President pro tempore directed the Clerks to call the rolls of the respective houses. All members present except Mr. Paradee, of the Honse. Mr. Harrington, of the Senate, moved the reading of the Jour­ nals be dispensed with, ·which motion Prevailed. Mr. Clements, of the Senate, moved that they proceed to vote for United States Senator for the term ending March 4th, 1907, Which motion Prevailed.

· JOINT SESSION. The Clerks were directed to call the rolls of the respective houses, and the members, as their names were called, responded by viva voce vote, as follows, viz.: Mr. Allee, of the Senate, voted for John Edward Addicks. Mr. Brasure, of the Senate, voted for John Edward Addicks. Mr. Clements, of the Senate, voted for L. Irving H'andy; Mr. Conner, of the Senate, voted for John Edward Addicks. Mr. Groves, of the Senate, voted for John Edward Addicks. Mr. Hartington; of the Senate, voted for L. Irvii1g 'Handy'. 349

Mr. Jefferson, of the Senate, voted fo~· L. Irving Handy. Mr. Latta, of the Senate, voted for L. Irving Handy. Mr. McNulty, of the Senate, voted for L. Irving Handy. Mr. D. 0. Moore, of the Senate, voted for John Edward Ad- dicks. 1 . Mr. T. C. Moore, of the Senate, yoted for John Edward Ad- dicks. Mr. Pennewill, of the Senate, voted for John 'Echvarcl Addicks. Mr. Smith, of the Senate, voted for L. Irving Handy. Mr. Sparks, of the Senate, voted for Lewis H. Ball. Mr. Stirling, of the Senate, voted for Levyis Heisler Ball. _J Mr. \tVright, of the Senate, voted for L. Irving Handy. Mr.· President pro tempore, of the Senate, voted for Lewis H. Ball. Mr. Allen, of the,House, voted for L. Irving Handy. 'l\fr. Aspril, -of the House, voted for Lewis H. Ball. Mr. Austin, of the House, voted for John Edward A cldicks. Mr. Bancroft, of the House,. voted for Lewis -H. Ball. Mr. Bennett, of the House, voted for John Edward Addicks. Mr. Buckmaster, of the House, voted for L. Irving Handy. Mr. Connelly, of the House, voted fot L. Irving Handy. Mr. Cook, of the House, voted for L. Irving Handy. Mr. Derrickson, of the House_, voted for Lewis H. Ball. Mr. Eastburn, of the House, voted for Lewis H. Ball. Mr. Flinn, of the House, voted for Lewis H. Ball. Mr. Frazier, of the House; voted for John Edward Addicks. Mr. Gehman, of the House, voted for John Edward Addicks. 3.50

Mr. Gooden, of the House, voted for L. Irving Handy. Mr. Hart, of the, House, voted for L. Irving Handy., Mr. Holcomb, of the House, voted for L. Irving Handy. Mr. Hughes; of the House; voted for L. Irving Handy: Mr. Jones, of the House, voted for John Edward Addici(s. Mr. Lawson, of the House, voted for John Edward Addicks. Mr. Lingo, of the House, voted for John Ed~ard Addicks. Mr. Lowe, of the House, voted for L. Irving Handy. Mr. Messick, of the House, voted for John Edward Addicks. Mr. Monaghan, of the House, voted for L. Irving Handy. \ l • . • , Mr. Morrison, of°the House, voted for L, Irving Handy. : Mr. Newton, of the Hot~se, voted for John Edward Addicks. Mr: Paradee, of the, House, absent. Mr. ,Powell, of the House, voted for John Edward Addicks. Mr. 'Price, of the House, voted for Anthony Higgins. Mr. Purnell, of the House, voted for John Edward Addicks. Mr. Rose, of. the House, voted for L. Irving Handy. Mr. Thompson, of the House, voted for,L. Irving Handy. Mr: Townsend, of the House, voted for John Edward Addicks. Mr. Tyre, of the House, .voted for Anthony Higgins. Mr. Warren, of the House, voted for John Edward Addicks. Mr. Speaker, of the House, voted for John Edward Addicks. The vote as above ascertained having been announced, as follows: , , ,For John-Edward Addicks, twenty-one votes.,_

For L. Irving Handy, twenty votes. ; ' .. J For Lewis Heisler Ball, eig-ht votes, For Anthony Higgins, two votes. Total number of votes cast, 5 r. The President pro tempore of the Senate· declared that no person having received a i11ajority of all the votes cast for United States Senator, · Ther·e was no election to said office. . Mr. Smith, of the Senate, moved th~t they proceed to vote for United States Senator for the term ending March 4th, 1905, Which motion Prevailed. The Clerks were directed to call the rolls of the respective houses, and the members, as their names were called, responded by viva voce vote, as follows, viz.: Mr. Allee, of· the Senate, voted for John Edward Addicks. Mr. Brasure, of the Senate, voted for John Edward Addicks. Mr. _Clements, of the Senate, voted for Ebe 'vV. Tunnell. Mr. Conner, of the Senate, voted for John Edward Addicks. Mr. Groves, of the Senate, voted for T. Coleman DuPont. Mr. Harrington, of the Senate, voted for Ebe W. Tunnell. Mr. Jefferson, of the Senate, voted for Ebe W. Tunnell. Mr. Latta, of the Senate, voted for Ebe W. Tunnell. Mr. McNulty, of the Senate, voted for Ebe W. Tunnell. Mr. D. 0. Moore, of the Senate, voted for John Edward Ad­ dicks. Mr. T. C. Moore, of the Senate, voted for John Edward Ad- dicks. Mr. Pennewill, of the Senate, voted for John Edward Addicks. Mr. Smith, of the Senate, vofed for Ebe W. Tunnell. Mr. Sparks, of the Senate, voted for Henry A. DuPont. 352

Mr. Stirling, _of the Senate, voted for Henry A. DuPont. Mr. Wright, of the Sen~te, voted for Ebe W. Tunnell. Mr. Presiderit pro tempore, of the Senate, voted for Henry A. DuPont. Mr. Allen, of the House, voted for Ebe W. Tunnell. Mr. ·Aspril, of the House, voted for Henry A. DuPont . . Mr. Austin, of the House, ·voted for John Edward Addicks . . Mr. Bancroft, of the House, voted for Henry A. DuPont. Mr. Bennett, of the J-Iouse, voted for John Edward Addicks. Mr. Buckmaster, of the House, voted for Ebe W. Tunnell. Mr. Connelly, of the House, voted for Ebe W. Tunnell. Mr. Cook, of the House, voted for Ebe VI. Tunnell. Mr. Derrickson, of the House, voted for Henry A. DuPont. Mr. Eastburn, of the House, voted for Henry A. DuPont. Mr. Flinn, of the House, voted for Henry A. D. DuPont. Mr. Frazier, of the House, voted for John Edward Addicks. Mr. Gehman, of the House, voted for John Edward .Addicks. Mr. Gooden, of the House, voted for Ebe, W. Tunnell. l 1Mr .. Hart, of the House, voted for Ebe 'vV. Tuimell. Mr. Holcomb, of the House, voted for Ebe W. Tunnell. Mr. Hughes, of the House, voted for Ebe .W. Tunnell. Mr. Jones, of the House, voted for T. Coleman DuPont. Mi:. Lawson, of the House, voted for John Edward Addicks. Mr. Lingo, of the House, voted for John Edward Addicks. Mr. Lowe, of the House, vpted for Ebe .Vi. Tunnell. Mr. Messick, of the House, voted for John Edward Addicks. 353

Mr. Monaghan, of the House, -voted for Ebe vV.Tunnell. . Mr .. Morrison,· of the House, voted for Ebe VV. Tunnell. Mr. Newton, of the House, vo_ted for John Edward Addicks. Mr. Paradee, of the House. absent. Mr. Pow~ll, of the House_, voted for John Edward Addicks. Mr. Price, of the House, voted for Harry A. Richardson. Mr. Purnell, of the House·, voted for John Edward Addicks. ' Mr. Rose, of the House, voted for Ebe VV. Tunnell. Mr. Thompson, of the House, voted for Ebe Vv.Tunnell. Mr. ,Townsend, of the House, voted for J olm Edward Addicks. Mr. Tyre, of the House, voted for Harry, A. Richardson.' Mr. \V'arren, of the House, voted for John Edward Addicks. Mr. Speaker, of the House, voted for John Edward Addicks. The vote as above. ascertained having been announced, as · follows: · For John Edward Addicks, nineteen votes. For Ebe W. Tunnell, twenty votes. For Henry A. DuPont, eight votes. For T. Coleman DuPont, two votes. For Harry A. Richardson, two votes. Total number of votes cast, 51. The President pro tempore of the Senate declared that no· person having received a majority of all the votes cast for United States Senator, · There was no election to said office. On motion of Mr. Wright, of the Senate, the two houses separated, and the members of the Senate returned to their chamber. 45 354

On motion of Mr. Brasure, the Senate took recess until 2 o'clock P. M.

Same Day-2 o'clock P. M. The Senate reassembled at expiration of recess. Mr .. President appointed Mr. Allee, Mr. Ellison and Mr. Smith a C.ommittee in conformity with Senate Joint Resolution No. 6. On motion of Mr. Wright, the Senate adjourned until 10.30 to-morrow morning. 355

. Tuesday, February IO, 1903-10.3p o'clock A. M. Senate met pursuant to adjournment. })rayer ?Y the Chaplain. Roll called. Members present-Messrs. Allee, · Brasure, ,.::lements, Conner, Harrington, Jefferson, Latta,. McNulty, Moore, D. 0., Moore, T. C., Pennewill, Smith, Sparks, Stirling, Wnght, Mr. President pro tempore, Mr. President. Journal read and approved. Hon. C. R. Layton, Secretai·y of State, was announced, and . · · on being admitted, presented the following appointments from the Governor for confirmation of the Senate:

STATE OF DELAWARE. EXECUTI\TiE DEPARTMENT. Dover, Delaware, February 9, 1903. To the Honorable, the Senate of Delaware: · Gentlemen: I hereby nominate and appoint for ·the consent. and 'confirmation of the Senate, Elijah J. Ellis, to. the office of Justice of the Peace in and for Sussex County, resi<;l.entat Lau­ rel; for the term of four years. .JOHN HUNN,· Governor.

Dover, Delaware, February IO, ·1903. To the Honorable, the Senate of Delaware: Gentlemen: I hereby nominat_e and appoint for the consent · ·

and confirmation. of the . Senate, Leon A. Davis, to . the office of 356

Superintendent of Free Schools for Sussex County, resident at Greenwood, for the term of two vears from the second Tues- chy of July, A. D. 1903. ' JOHN HUNN, Governor.

Dover, Delaware, February IO, 1903. To the Honorable, the Senate of Delaware: Gentlemen: I hereby noi11i11ate and appoint for the consent anfl confirmation of the Senate, Arthur R. Spaid, to the office of Superintende.nt of Free Schools for New Castle, County, for the term of two years from the second Tuesday of July, A. D. 1903. ' ' .JOHN HUNN, Governor.

Diwer, Delaware, February IO, 1903. To the Honorable, the Senate of Delaware: Gentlemen: I· hereby nominate and ;ppoint for the consent and confirmation of the Senate, James E. Carroll, to the office of ~uperintendent of Free Schools for Kent County, resident at Dover, for the term of.two years from the second Tuesday of . July. A. D. 1903. JOHN ffUNN, Governor. Mr. Hodg'son, Clerk of the House, being admitted, informed the Senate that the House had passed and re.quested the concur-, rence of the Senate in the following House bill House Bill No. 91, entitled: "An act authorizing the Town Council. of the town of Seaford to e~tablish and maintain a:n electric light plant in said town to supply electric light and power for both public and private use," And presented the same to the Senate. On motion of Mr. Wright, 357

House Bill No. 91, entitled: "An act authorizing the Town Council of the town of Seaford to establish and maintain an electric light plant in said town to. supply electric light and power for both public and private use," Was read a first time. On the urther motion of Mr. \i\Tright, Rule 14 was suspend­ ed as to this bill, And further on his motion the hill was read a second time, by its title, and Referred to the Cotnmittee on Corporations. Mr. T. C. Moore gave notice that on to-morrow or some fu­ ~ure clay he would ask leave to introduce a bill, e11titled: \ "A11 act to amend Chapter 379, Volume 16. Laws of Delaware, published as ame'ndecl in the Revised Co

Boston, i\!Iass., February 10, 1903; Hon. P. L. Cannon, Lieut. Governor. Can \i\Torld's Fair hearing be granted delegation from St. Louis before Legislature or committee next Monday or Tues­ day? Wire Young's Hotel. CHAS. M. REEVES. On motion of Mr. Clements, the telegram was referred to the Committee on Finance, with power to act. Mr. Brasure, in pursuance· of previous notice, asked leave to introduce a bill, Senate Bill No. 38, entitled: 358

"An act to repeal Chapter 555, Volume 19, Laws of Delaware, entided 'An act to encotirage the consumption of grairi and raise revenue for Sta,'te purposes.' '' And further on his motion, Rule 14 was suspended, And the bill was read a second time, by its title, and R~fer~ed to the Committee on ,Revised Statutes. Mr. Brasur~, in pursuance of previous notice, asked leave to introduce a bill, · Senate Bill No. 39, entitled:

"An act to· repeal Chapter 378, Volume 20, Laws of Delaware, .entitled 'An act to grade and regulate ·grain distilleries in the State of Delaware.' " · And further on his motion, Rule 14 was suspended, And the bill was read a .second time, by its title, .!'Incl Referred to the Committee on Revised Statutes. Mr. Brasure, in pttrsu~nce .of previous notice; a~ked leave to · introduce a bill, Senate Bill No. 40, entitled: ·, HAn act to amend Chapter 384, Volume 16, Laws of Delaware, entitled 'An act for the suppression of intemperance by re-enact­ ing Section 6 of said chapter and volume.'" And further on his motion, Rule. 14 was susp.ended, And the bill was read a second time, by its title, and Referred to the Committee on Revised Statutes. Mr. D. 0. Moore, in pursuance of previous notice, asked leav~ to introduce a bill, · " Senate.Bill No. 41, entitled: "An act in relation to the bonding of certain officers in Sus- sex County." · · · · 359

And further on his motion, Rule ,14 was suspended, And the bHl was read a second time, by its title, and Referred to the Committee on Revised Statutes. Mr. Conner, from the Committee on Revised Statutes, re­ ported back with unfavorable recommendation, Senate Bill No. ·9, entitled: . . . - "An act to amend .Section 1 of Chapter 75, of the Laws of Delaware, entitled of. 'Divorce.'" On motion of ·Mr. Cornier, and by general consent, further action on the bill was. Indefin.itely postponed. Mr. Smith gave· notice that on to~morrow or some future day he would ask leave to introduce a bill, entitled: 1 "An act to amend Section 3, Chapter .3, Revised Code of 1893, Laws of Delaware, in relation to closing public offices on legal holidays and ~aturdays.'; · • Mr. Jefferson gave notic_e that on to-morrow or some future day he would ask leave to introduce a bill, entitlfd: "An act authorizing the Governor to app.oint an additional Notary Puolic for Broadkiln Hundred, Sussex County, for the office of· Sussex Trust, Title and Safe Deposit Co., in Milton." Mr. Conner, from the Committee on Revised Statutes; re- , ported back with favorable recomm~ndation Senate Bill No. 15, entitled: "An act in relation to the sending of certain publications through the mails." On motion of Mr. Conner, the bill just reported Was taken up for corisideration,

And on his. further motion was read a third time, by para 0 graphs, in order to pass the Senate. 360

On the qtiestion, "Shall the bill pass the Senate?" The yeas· ai1d nays wern ordered, which being taken, we~e ·as follows-: · ' ·-- Yeas-Messrs: · Brasure, Clements, Conner, Harrington, J ef­ ferson, Latta, i,VIcNulty; Moor~, D. 0., Moore, T. C., Pennewill, Smith, Spar_ks, Stir)ing, Wright; M;. President pro tempore. Nays-:-None. . So the question was decided in the affirmative; .And the bill having received the r<:quired constitutional ma- jority, · · Passed the Senate. Ordered t6 the House· for concurrence. M~. Conner, from the Committee on Revised Statutes, re­ ported back with unfavorable· recommendation Senate B~ll No. 23, entitled: :'A.n act fixing the liability .in damages for the torts of special constables or. officers/' On motion of· Mr. Conner, .the bill just. reported Was taken up for consideration, And on his further motion, was read a third time, by para- graphs, in order to pass the Senate. On the question, "Shall t~e bill pass the Sen.ate?" Mr. Smith moved the bill be recbmmitted. On the question, "Shall the bill be recommitted?" · The yeas and nays were ordered, which, being taken, were as follows: -Yeas-Clements, Harrington,· Jefferson, McNulty, Penne­ will, Smith, ,Wrigl.J_t. Nays-Allen, Brasure, Conner, Latta, Moore, D. 0., Sparks, Stirling, Mr. President pro tempore. . . 361

So the question was decided in the negative·, Not having rec.eivecl the required constitutional majority. On motion of Mr. McNulty, the bill was made special' order of business for 2.30 o'clock to-morrow. Mr. Conner, from the Committee on Revised Statutes,. re­ ported back House Bill No. 41, entitled: "An act to provide for making title to real estate in which insane persons have an interest," \i\Tith recommendation that the' bill be returned to the House, on account of not being properly drawn. Mr. D. 0. Moore, in pursuance of previous notice, asked leave to introduce a bill, Senate Bill No. 42, entitled: "An act to enable the town of Laurel to borrow money and issue bonds for the purpose of refunding a debt clue the Sussex Trust, Title and Safe Deposit Company of Laurel, Delaware." And further on his motion, Rule 'I4 was suspended, And the bill was read a second time, by its title, and Referred to the Committee on Corporations. Mr. _Pennewill gave notice that on to-morrow, or some fu­ ture day, he would ask leave to intr?duce a bill, entitled: "An act limiting the time within which prosecutions for crimes shall be commenced."

JOINT SESSION. The hour of twelve o'clock, noon, having arrived, the Senate, preceded by the President pro tempore, and attended by the_ Cled<:s and Sergeant-at-Arms, proceeded to the Hall of the House of Representatives, for the purpose of voting for United S!ates Senators, in obedience to the Act of Congress, entitled: 46 \ 362

I "An act to regulate the time and manner of hdldirig' elections for Senators in: Congress," . Passed July 25, 1866. Mr. President pro tempore directed the Clerks td call tlie i·olls of the respective houses. All menibers present except Mr. Groves, of the Senate, and Mr. Buckmaster, of ~he House. 'Mr. Harrington, of the Senate, moved the reading of the Jour­ nals be dispensed with, Which motion Prevailed. Mr. Smith, of the Senate, moved that they pi'oceed to vote for United States Senator for the term ending March 4th, 1907, Which motion Prevailed. The Clerks were <;lirected to call the rolls of the respective houses, and the members, as their names were called, responded by viva voce vote, as follows, viz.: ' Mr. Allee, of the Sehate, voted for John Edward Addicks. Mr. Brasure, of the Senate, voted for John Edward Addicks. I Mr. Clements, of the Sen'.'1te, voted for John H. Rodney. Mr. Conner, of the Senate, voted for John Edward Addicks.

1Mr. Groves, of the Senate, was absent. ·l\fr. Harrington, of the Senate, voted for John H. Rodney. F~ifr. Jefferson, of the Senate, voted for John JI. Rodney. Mr. Latta, of the Senate, voted for Johri H. Rodney. Mr. McNulty, of the Senate, voted for John 1-L Rodney. Mr. _D. 0,. Moore, of the Seilate, voted for John Edward Ad-. dicks, Mr. T. C. Moore, of the Senate, voted for Johi1 Edward Ad­ dicks. Mr. Pennewill, of the Senate, voted for John Edward Addicks. Mr. Smith, of_the Senate, voted fot; John H. R()dney. Mr. Sparks, of the Senate, voted for Lewis Heisler Ball. Mr: Stirling, of the Senate, voted for Lewis Heisl~r Ball. J'vir. Wright, of the Senate, voted for Jqhn H. Rodney. Mr. President pro tempore, of the Senate, vo"ted for Lewis Heisler Ball. · · . Mr. Allen, of the House, voted for Jolin Fl:.Rodney. Mr. Aspril, ofthe. House., vo.ted for Lewis Heisler J3a1L Mr. Austin, of the House, voted for John Edwq,rd Addicks. Mr. Bancroft, of tl1e House, voted for Lewis Heisler Ball. Mr. Bennett, of the House, voted for John Edward Addi.cks. Mr. Buckmaster; o~ the House, ~bsent. Mr. Co.nnelly, of the House, voted for John H. Rodney. Mr. <;ook. of the ){ouse, voted for John H. ~odney. Mr. Derrickson, of the House, voted for Lewis Heisler Ball. Mr. Eastburn, of the House, voted for Lewis. Heisler Ball. Mr. Flinn, of the. House, voted for ;Le\vis Heisler Ball. Mr. Frazier, of the House, voted for John Edward Addicks. . . I Mr. Gehman, of the House, voted for John Edward Addicks . .Mr. Gooden, of the House, voted for John H. Ro.dney. Mr. Hart, of the House, voted for John H. R?dney. Mr. Holconib, of the House, voted for John 'Fl:.Ro.dney. Mr. Hughes, of the. House, voted for Johf!. l;L Rodney. M,r. Jones, of the House, voted for.John Edward Addicks. Mr. La}vson, of the House, voted for John Edward Addicks. 364 \_. Mr .. Lingo, of the House, voted for John Edward Addicks. iJ.VIr.Lowe, of the House, voted ,for John H .. Rodney. Mr. Messick, of the House, voted for John Edward Addicks. Mr. Monaghan, of the House: voted for John H. Rodney. Mr. Morrison, of _the.House, voted for John H. Rodney. Mr. Newton, of the House, voted for John Edward Addicks. Mr. Paradee, of the House, voted for John H. Rodney.

1Mr. Powell, of the House, voted for John Edward Addicks. ' Mr. ·Price, of the Rous~, voted fo~ Anthony Higgins. Mr. Purnell, of the House, voted ·f~r John Edward Addicks. Mr. Rose, of the House, voted for John H. Rodney. Mr. Thompson, of the Bouie, voted for John H. R~dney. Mr. Townsend, of the House, voted for· John Edward Addicks. Mr. Tyre, of the House, voted for Anthony Higgins. 1Mr. Warren, of the House, voted for John Edward Addicks. Mr. Speaker, of the House, voted for John Edwa:d Addicks. The vote a·s above ascertai~ecl. having been announced, as follows: For John Edwa_rd Addicks, twenty votes. For John H. Rodney, twenty votes. For Lewis H~isler Ball, eight votes. For Anthony Higgins, two votes. Total number of votes cast, 50. The President pro tempore of the Senate declared that no pe1;­ son having received a majority of all the votes cast for United. States Senator, There was no election to said office. •Mr. Clements, of the Senate, inoved that they proceed to vote 365 for United States Senator for the term ending March 4th, 1905,

Which motio'n \ Prevailed. The Clerks wer~ directed to call the rolls of the respective houses, and the members, as their names were called, responded by vive voce vote, as follows, viz.: Mr. Allee, of the Senate, voted for John Edward Addicks. ' Mr. Brasure, of the Senate, voted for John Edward Addicks. Mr. Clements, of the Senate, voted for John R. Nicholson. Mr. Conner, of the Senate, voted for John Edward Addicks. Mr. Groves, of the Senate, absent. Mr. Harrington, of the Senate, voted for John R. Nicholson. Mr. Jefferson, of the Senate, voted for John R. Nicholson. Mr. Latta, of the Senate, voted for John R. Nicholson. Mr. McNulty, of the Senate, voted for John R. Nicholson. Mr. D. 0. Moore, of the Senate, vot~.cl for John Edward Ad- dicks. Mr. T. C. Moore, of the Senate, voted for John Edward 'Ad- dicks. Mr. Pennewill, of the Senate, voted for John Edward Addicks. Mr. Smith, of the Senate, voted for, John R. Nicholson. Mr. Sparks, of the Senate, voted for Henry A. DuPont. Mr. Stirling,_ of the Senate, voted for Henry A. DuPont. Mr. Wright, of the Senate, voted for John R. Nicholson. Mr. President pro tempore, of the Senate, voted for Henry A. DuPont. Mr. Allen, of the House, voted for John R. Nicholson. Mr. Aspri], of the House, voted for Henry A. DuPont. Mr. Austin, of the House, voted for John Edward Addicks. 366

]Y.[r.Bancroft, of thf House, voted for Henry A. DuPont. Mr. B~1111ett,of the House, voted for John Edward Addicks. · Mr. Buckmaster, of the :flouse, absent. Mr. Connelly, of th~ House, votecl for John :R,._Nic:holson: · · Mr. c;ok, of the House, voti,:°clfqr Jphn R. Nicholson. l\il:r. Derric~son, of the Hou.1>e,voted for Heµry A,. DuPont . .Mr. ,Ea,stburn'. of the H.:ous~,voted.. f9~ f[e11ry A, P11Pont. ¥r. · Flinn, of the House, ".oted for I-Jenry A, D11Po_nt. . Mr. Frazier, of the Hous~,. vot~d. for John Edw.q.rclA~ldick~. iMr. (iehman, of the Hoµse, votecl fQr John Edward Addicks .

. 1Mr. Gooden, of the House, voted for john R. Ni.chol;,on. Mr. Hart, of the H.:quse; votec:1for Johri R...Nicholson_. Mr. Holcomb, of th<=H:01.,ls<=, vot~d for John){. Nicholson. Mr. Hughes, of ~be House, voted for John R. Nicholson, Mr. Jones, of t4e House, voted for T. Coleman DuPont. Mr. Lawson, of the House, voted for· John Edward Addicj<:s. ).\'Ir. bingo, of the House, voted for John Edw11rd Addick1>, ' Mr. Low~, of the· House,r)tedfor John R. Nicholsor:i.: -Mr. Messick, of the House, voted for John ~dward Addicks. Mr. Monagha~, of the ~use, voted for John R. Nicholson. . ( Mr. :lVJ:orrisen,of th~ House, voted for John R. Nic:holson. Mr. Newton, of the House, voted for John Edw~rd Addicks. Mi;-.Paradee, of the House, voted for.John R. Nichol.son. · · •Mr. Powell, of the House, voted for John Edward Addicks. Mr~ Price; of the Hoµse, voted for Harry A. Richardson. Mr. Purnell, of the House, voted for John Edward Ac;ldicks. 367

Mr. Rose, of the House, voted for J~hn"R. Nicholson. M~. Thompson, or'the House; voted forJohn R. N_ichols~n. Mr. Town11end, of the House, voted for John Edward Addicks. Mr. Tyre, of·the House, voted for Harry· A. Richardson. >Mr. Warr~n, of the House, voted for John Edward Addicks . .. Mr. Speaker, of the House, voted for John Edward ~ddicks. The. vote as above .. ascertained having 'been announced; as follows: · For John Edward. Addicks,· nineteen votes. For John R. Nicho.lson, twenty votes. For Henry A. DuPont, eight votes. For T. Coleman DuPont, one vote. For H. ~- Richardson, two votes. Total number of votes cast, 50. Ti1e President pro teinpore of the Senate declared that no pet:­ son having received a majority of all the votes casHor United States Senator, . ' · .. . There was no election to said office. On motion of Mr. Smith, ofthe Senate, the two house_s separ­ ated, and the members of the Senate retur:ned to their chamber.

Ort motion of Mr. Coimer,. the' S~nate took recess until 2 o'clock P. M. 368

Same Day-2 o'clock P. M. The Senate reassembled at expiration of recess. Mr. Pennewill, from the Committee on Judiciary, reported back with favorable recommendation, House Bill No. 76, entitled: "An act to change the name of Benjamin B._Palmer to Ben- jamin B. Ewing.'\ On motion of l\fr. Pennewill, the bill just reported 'vVas taken up for consideration, ·And on his further motion was read a third time, by para­ graphs, in order to pass the Senate. On the question, "Shall the bill pass the Senate?" The yeas and nays were ordered, which being taken, 'were as follows: Yeas-Messrs. Allee, Brasure, Clements, Conner, Harring­ ton, Latta, McNulty, Moore, D. 0., ·Pennewill, Smith, Sparks, Stirling, Wright, . Mr. President pro tempore. Nays-None. So the question was decided in the a:firmative, And the bill having received the required constitutional ma­ jority, Passed the S,enate. Ordered that the House be informed thereof, and the bill re- turned to that body. · l\fr. Pennewill, from the Committee on Judiciary, reported back with favorable recommendation, House Bill No. 37, entitled: 369

"An act to enable the Governor to appoint a Justice of the Peace for Kent County, to reside in West Dover Hµndred." On motion of Mr. Pennewill, the bill just reported \iv'.as .taken up for consideration, And on his further motion was read a third time, by para­ graphs, in order to· pass the Senate. On the question, "Shall the bill pass the Senate?" .

· The yeas and nays were ordered, which being taken, were ~ follows: . Yeas-Messrs. Allee, Brasure, Clements, Conner,· Harring­ ton, Jefferson, Latta, McNulty, Moore, D. 0., Pennewill, Smith, Spakrs, Stirling, Wright, Mr. President pro tempore. Nays-None. So the question was deciclecl in the affirmative, And the bill having received the required constitutional ma­ jority, Passed the Senate. Ordered that the House be informed thereof, and the bill re­ turned to that body. Mr. Hodgson, Clerk of the House, being admitted, informed the Senate that the House had passed and requested the concur­ rence of the Senate in the following House bills: Honse Bill No. 50, entitled: "An act authorizing the Road Commissioners of New Castle Hundred to und the floating.debt of said Hundred and provid­ ing for the payment thereof." Honse Bill No. 86: ''An act to enable the Governor to appoint an additional No­ tary Public for Wilmington Hundred, New Castl,e County, for the law offices of Jolin H. Rodney," 47 370

And presented the same to the Senate. lVIr. McNulty presented a joint resolution entitled: Senate Joint Resolution No. 7, "Appofoting a committee to supervise the printing of 'the Duke of York records," \i\Thich on his motion \i\Tas reacl. Mr. McNulty moved that the joint resolution be adopted. 0:1 the question, "Shall thejoint resolution pass the Se.nate?" The yeas and nays were. ordered, which being taken, were as follows: Yeas-Messrs. Allee, Brasure, Clements, Conner, Harrington, Jefferson, Latta, McNulty, Moore, D. 0., Pennewill, Smith. Sparks, Stirling, Wright, Mr. Pre8ident pro tempore. Nays-None. So the question was decided in the affirmative. And the joint resoluti\m having received the required consti­ tutional majority,· vVas declared Adopted. Ordered to the House for concurrence. Mr. Allee gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled·: "An act providing for the collection of taxes in Kent County." . On motion of Mr. Smith, House Bill No. 50, entitled: "An act authorizing the Ro'tcl Commissioners of New Castle Hundred to fund the floating debt of said Hundred and pro­ viding ·or the payment thereof," \Vas read a first time. 371

On the further motion of Mr. Smith, Rule 14 was suspended as to this bill, And further on his motio11 the bill was read a second time, bv its title, and · Referred to the Committee on Public Buildings and Hig·h­ ways. On motion of Mr. Mc1'rulty, House ·Bill No. 86, entitled: . "An act to enable the Governor to appoint an additional No7 tary Public for Wilmington Hundred, ·New Castle County, for the law offices of John H. Rodney,'' Was read a first tii11e. On the further motion of Mr. McNulty, Rule 14 ,vas suspend­ ed 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 Judiciary. Mr. Allee, from the Committee on Cities and Towns, reporte

Yeas-Messrs. Allee, Brasure, Clements, Conner,. Harring­ ton, Jefferson, Latta, McNulty, Moore, D. 0., Pennewill, Smith. Sparks, Stirling, Wright, Mr. President pro tempore. Nays-None. So the question ,,,ras decided in the affirmative, And the bill having received the required constitutional ma- - . jority, Passed the Senate. . ' Ordered that the House be informed thereof, and the bill re- turned to that bpdy: Mr. Brasure gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled: "An act to repeal Chapter 5, Volume 13, Laws of Delaware. as published in the Revised Code of 1893, at page 24r." Mr. Pennewill, from the Committee on J ucliciary, reported back with favorable recommendation, House Bill No. 38, entitled: "An act to enable the Governor to appoint a Notary Public for Kent County, to reside in .'vVest Dover · Hundred, Fourth Representative District, at or near the town of Hartly." On motion of Mr. Pennewill, the bill just reported vVas taken up for consideration, And on his further motion was read a third time, by para­ graphs, in order to pass the Senate. On the questio~1, "Shall the bill pass the Se,nate ?'' The yeas and nays were ordered, which being taken, were as follows: ' · ·

Yeas-Messrs. Allee, Brasure, Clements, Conner, Harring­ ton, Jefferson, Latta, McNulty, Moore, T. C., :f>ennewill, Smith. Sparks, Stirling, Wright, Mr. President pro tempore. 373

Nays-None . . So the questio11 was decided in the affirmative, , And the bill having· received the required constitutional ma­ jority, Passed the Senate. Ordered. that the House be informed thereof, and the bill re­ turned to that body. Mr. Hodgson, Clerk of the House, being admitted, informed the Senate that the House had concurred in the following Senate Joint Resolution : ' Senate Joint Resolution No. 17: "Appointing a Committee to Supervise the Printing of the Duke of York Records." Mr. Pennewill, from the Committee on Judiciary, reported back with favorable recommendation House Bill No. 55, entitled: "An act to provide for an additional Notary Public for Sussex County, to reside in the town of Rehoboth." · On motion of Mr .. Pennewill, the bill just reported Was taken up for consideration, And on his further motion, was read a third time, by para­ graphs, in order to pass the Senate. On the question, "Shall the bill pass the Senate?" · The yeas and nays were ordered, which, being taken, were as follows: Yeas_:_Messrs. Allee, Brasure, Harrington, Jefferson, Latta, McNulty, Moore, D 0., Pennewill, Smith, Sparks, Stirling, 1Ir President pro tempore. Nays-None. So the questio11 was decided in the affirmative, 374

And the bill having received the required constitutional rna­ j?rity, Passed the Senate. Ordered that the House be informed thereof, and the bill re~ turned to that body. .

On motion of Mr. Wrig·ht, the Senate adjourned until 10.30 o'clock to-morrow morning. 375

Wednesday, February IIth,-1903-ro.30 o'clock A. M. Senate met pursuant to adjom'nment; . Prayer by the Chaplain. Roll called. Members present-Messrs. Allee, Brasure, Cl'em­ ments, Conner, Harrington, Jefferson, Latta, McNulty, Mpore, D, 0., Moore, T. C., Pennewill, Smith, Sparks, Stirling, ·wright, Mr, President pro tempore. Journal read and approved. Mr. Sparks gav~ notice that on to-morrow, or some future clay, he would ask leave to introcfuce a bill, entitled: "An· act to prevent the Procuring of Deposits of Money in this State without lawful authority." Mr. Sparks gave notice that on to-morrow, or some future clay, he would ask leave to introduce a bill, entitled: "An act to exempt from munidpal taxation certain land." Mr. Sparks gave notice that on to-morrow, orsome future clay, he would ask leave to introduce a bill, entitled: "An act to exempt certain lands from taxation for County purposes." Mr. Smith gave notice that on to-morrow, or some future clay, he would ask leave to introduce a bill, entitled: "An act granting additional powers to the Collectors of Taxes, in the city of New Castle, to collect taxes." ,c. • Mr. Smith gave notice that on to-morrow, or some future day, he would ask leave to introduce a bill, entitled: · 376

'·An act to supple111ent and add to Section 16, of Chapter 152, of Volume 15, of the Laws of Delaware, entitled, 'An act to In­ corporate the City of New Castle and authorizing taxation' of certain poles within said city.'" :Mr. Wright presented a joint resolution, entitled: Senate Joint Resolution No. 8: "Appointing a Committee of Five to Entertain the Represen­ tatives of the St. Louis Exposition," Which, Ori his motion, Was read. · Mr. Wrightmoved that the joint.resolution be adopted. On the question, "Shall the joint resolution pass the Senate?" The yeas and nays·were ordered, which, being taken, were as follows: · · Yeas-Messrs. Allee, Bra.sure, Clements, Conner, Harrington, Jefferson, Latta, McNulty, Moore, D. 0., Moore, T. C., J?enne­ will, Smith, Sparks, Stirling, Wright, Mr. President. pro tern­ pore. Nays~None. So the qi1estion was decided in the affirmative, And the joint resolution having received the required consti- tutional majority, \Vas declared · Adopted. Ordered to the House for concurrence. Mr. 1T. C. Moore, in pursuance of previous notice, ~sked leave to introduce a bill, Senate Bill No. 43, entitled: "An act to amend Chapter 379, Volume 16, Laws of Delaware, published as amended in the Revised Code of 1893, entitled, 'An act to preyent the spread of Contagious or Infectious Pleuro­ pneumonia among the cattle of the State, by making Bovine 377

Tuberculosis subject to the· provisions thereof." And further on his motion, Rule 14 was suspended; And the bill was read a second time, by its titt.e, and Referr.ed to the Committee on Agriculture. Mr. \iVright, in pursuance of previous notice, asked leave to introduce a biH, Senate Bill No. 44, entitled: "An act to provide for the employment of convicts." And further on his motion, Rule ·14 was suspended, And the bill was read a second time, by its title, and Referred to the Committee on Public Buildings and High- vvays. On motion of Mr. Wright, Two hundred copies of Senate Bill No. 44 were ordered print- ed. · . ML Hodgson, Clerk of the House, being admitted, informed the Senate that the House had concurred in the following Senate bills: · Senate Bill No. 5. "An act authorizing the appointment of an additional Notary Public for New Castle County, to reside in the City of Wilming­ ton, for the office of Julian C. vValker." Senate Bill No. 6, entitled: "An act authorizing the Governor to appoint an additional Notary Public for Wilmington Hundred, New Castle County, Delaware, for the real estate office of George R Townsend & · Co." Senate Bill No. 7, entitled: "An act authorizing the Governor to appoint an additional No­ tary Public for \i\Tilmington Hundred, New Castle County." 48 378

Senate Bill No. 20, entitled: "An act authorizing the Governor to appoint an additional Notary Public for Wilmington Hundred, New Castle County, for the office of F. Blumenthal & Co," And returned same to the Senate. Mr. Pennewill, from the Committee on Judiciary, reported back with favorable recommendataion Senate Bill No. 30, entitled: "An act authorizing the appointment of a Notary Public for the real estate office of Cosgriff & Reynolds, in the town of Smyrna." On motion of Mr. Pennewill, the bill just reported Was taken up for consideration, And on his further motion, was read a third time, by para­ graphs, in order to pass the Senate. On the question, "Shall the bill pass the Senate?" The yeas and nays were ordered, which, being taken, were as follows: Y eas---:-Messrs. Allee, Brasure,· Clements, Conner, Harring­ ton, Jefferson,· Latta, McNulty, Moore, D. 0., Moore, T. C., Pennewill, Smith, Sparks, Stirling, \i\Tright, Mr. President pro tempore. Nays-None . .So the question was decided in the affirmative, And the bill having received the required constitutional ma­ jority, Passed the Senate. Ordered to the House for concurrence. Mr. Pennewill, from the Committee on Judiciary, reported back with favorable recommendation 379

House Bill No. 43, entitled: "An act authorizing the Governor to appoint an additional Notary Public for \iVilmington Hundred, for the office of Harry P. Joslin. On motion of ..Mr. Pennewill, the bill just reported \iVas ta:ken :up for consideration, And, on his further motion, was reacl a third time, by para- graphs, in order to pass the Senate. · On the question, "Shall the bill pass the Senate?" The yeas and nays were ordered, which, bdng taken,· were as follows: Yeas-Messrs. Allee, ClemenJs, t·onner, Harrington, J effer­ son, Latta, Moore, D. 0., Moore, T. C., Pennewill, Smith, Sparks, Stirling, Wright, Mr. President pro terripore. Nays-None. So the question was decided in the affirmative, And the bill having received the required constitutional ma­ jority, Passed the Senate. Ordered that the House be informed thereof, and the bill re­ turned to that body. 1 Mr. Allee, in. pursuance of previous notice, asked leave to in- troduce ·a bill, Senate Bill No. 45, entitled: "An act providing for the collection of taxes for Kent County." And further on his motion, Rule 14 was suspended, And the bill was read a second time, by its title, and Referred to the Committee on Judiciary. On motion of Mr. Allee, three hundred copies of Senate Bill No. 45 380

\Vere ordered pl"inted. Mr. Jefferson, in pursuance of previous notice, asked leave to introduce a bill, · Senate Bill No. 46, entitled: '' An act authorizing the Governor to appoint. an additiona ! Notary Public for Broadkiln Hundred, Sus~ex County, Dela­ ware, who_se office shall l:iein the bank of the Sussex Trust, Title and Safe Deposit Company, at Milton~" And further on his motion, Rule 14 was suspended, And tl~e bill was read a second time, by its title, and. Referred to the Committee on Judiciary .. Mr. Brasure, _in pursuance of previous notice, aske

Mr. Latta, of the Senate, voted for John H. Rodney. ,. Mr. McNulty, of the Senate, voted for John H. Rodney. Mr. Moore, D. 0., of the Senate, voted for John Edward Ad­ dicks. Mr. Moore, T. C., of the Senate, voted for John Edward Ad­ dicks. Mr. Pennewill, of the Senate, voted' for John Edward Addicks. Mr. Smith, of the Senate, voted for John H. Rodney. I Mr. Sparks, of the Senate, voted for Lewis Heisler Ball. Mr. Stirling, of the Senate, voted for Lewis Heisler Ball. Mr. Wright, of the Senate, voted for John H. Rodney. Mr. President pro tempore, of the Senate, voted for Lewis Heisler Ball. Mr. Allen, of the House, voted for John H. ' Rodney. Mr. Aspril, of the House, voted for Lewis Heisler Ball.

M1·. Austin, of the House, voted for John 1Edwarcl Addicks. Mr. Bancroft;·of the House, voted for Lewis Heisler Ball. Mr. Bennett, of the House, voted for John Edward Addicks. Mr. Buckmaster, of the House, absent. Mr,. Connelly, of the House, voted for John H. Rodney. Mi:. Cook, of the House, voted for John H. Rodney. Mr. Derrickson, of the House, voted for Lewis Heisler Ball. Mr. Eastburn, of the House, voted for Lewis Heisler Ball. Mr. Flinn, of the House, voted for Lewis Neisler Ball. Mr. Frazier, of the House, voted for John Edward Addicks. Mr. Gehman, of the House, voted for John Edward Addicks. Mr. Gooden, of the House, voted for John H. Rodney. 383

Mr. Hart, of the House, voted for John H. Rodney. Mr. Holcomb, of the House, voted for John H. Rodney. Mr. Hughes, of the House, voted for John H. Rodney. Mr. ,Jones, of the House, voted for John Edward Addicks. Mr. Lawson, of the House, voted for John Edward Addicks. j\ifr. Lingo, o · the House, voted for John Edward Addicks. Mr. Lowe, of the House·, voted for John H. Rodney. Mr. Messick, of the House, voted for John Edward Addicks. Mr. Monaghan, of the Hoqse, voted for John H. Rodney. Mr. Morrison, of the House, voted for John H. Rodney. Mr. Newton, qf the Hot1se, voted for John Edward Addicks .. Mr. Paradee, of the House, absent. Mr. Powell, of the House, voted for John Edward Addicks. Mr. Price, of the House, voted for Anthony Higgins.

l\fr. Purnell, of the House, voted '.or John 1E:clward Addicks. Mr. Rose, of the House, voted for John H. Rodney. Mr. Thompson, of the House, voted for John H. Rodney. Mr. Townsend, of the House, voted for John Edward Ad- dicks. Mr. Tyre, of the,House, voted for Anthony Higgins. Mr. Warren, of the House, voted for John Edward Addicks Mr. Speaker, of the House, voted for John Edward Addicks. The vote as above ascertained having been announced, as fol- lows: · For John Edward Addicks, twenty votes.· For John H. Rodney, nineteen votes. 384"

• ' • ' • .c.~ For Lewis Heisler Ball, eight votes. For Anthony Higgins, two votes.

Total number- of votes cas1t, 49. The .Pr~sident pro tempore of the Senate declared that .no per­ son having received a majority of all the votes cast for United States Senator, There was no election to said office. Mr. Pennewill, of the Senate, moved that 'they proceed to vote for United States Senator for the term ending March 4, 1905, Which motion Prevailed. The Clerks were directed to call the rolls o: the respective houses, and the members, as their names were called, responded by viva voce vote as follows, viz: · Mr . .f\llee, df tl:ie _Senate, voted for John Edward Addicks. Mr. Brasure; of the Senate, vot~d for John Edward Addicks .. Mr. Clements, of ,the Senate, voted for John R. Nicholson. . ' . ' . Mr. Conner, of the Senate, voted for]ohn Edward Addick;s. J Mr. Groves, of the Senate, absent. Mr. Harrington, of the Senate, voted for J o~n R. Nicholson. Mr. Jefferson, of the Senate, voted for John R. Nicholson. Mr. Latta, of the Senate, voted for John R. Nicholson. Mr. McNulty, of the Senate, voted for John R. Nicholson. Mr. Moore; D. O_.,of the Senate, voted for ffohri Edward Ad- dicks. Mr. Moore, T. C., of the. Senate, voted for John Edward Ad- . ,dicks. Mr. Pennewill, of the Senate, voted for John Edward Addicks. Mr. Smith, of the Senate, voted for John R. Nicholson.

,, · 385

Mr. Sparks, of the Senate, voted for Henry A. DuPont. Mr. St.i rling, of the Senate, voted for Henry A. DuPont. Mr. Wright, of the Senate, voted for John R. Nicholson. · Mr. President pro tempore, of the Senate, voted for Henry A. DuPont. Mr. Allen, of the House, voted for J obn R. Nicholson. Mr. Aspri!, of the House, voted for Henry A. DuPont. Mr. Austin, of the House; voted for John Edward Addicks. Mr. Bancroft, of the House, voted for Henry A. DuPont. Mr. Bennett, of the House, voted for John Edward Addicks, Mr·: Buckmaster; of the House, absent. Mr. Connelly, of the House, voted for John R. Nicholson. Mr. Cook, of the House, voted for John R. Nicholson. Mr. Derrickson, of the House, voted for Henry A. DuPont.

Mr. 1Eastburn, of the House, voted for Henry A. D.uPont. Mr. Flinn, of the House, voted for Henry A. DuPont. Mr. Frazier, of the House, voted for John.Edward-Addicks. Mr. Gehman, of the House, voted for John Edward Addicks. Mr. Gooden, of the House, voted for John R. Nicholson.

Mr. Hart, of the House, 1voted for John R. Nicholson. Mr.. Holcomb, of the House, voted for John R. Nicholson. Mr. Hughes, of the House, voted for John R. Nicholson .. Mr: Jones, of the House, voted for T. Coleman DuPont .. Mr. Lawson, of the House, voted for John Edward Addicks. Mr. Lingo, of the House, voted for John Edward Acldick~. Mr. Lowe, of the House, voted for John R. Nicholson. Mr. Messick, of thP. House, voted for John Edward Addicks.· 49 386

Mr. :VIonaghan, of the House, voted for John R. Nicholson. Mr. Morrison, of the House, voted for John K Nicholson. Mr. Ne\Vton, of the House, voted for John Edward Addicks. Mr. Paradee, of the House, absent. Mr. Powell, of the House, voted for John Edward Addicks. Mr. Price, of the House, voted for Harry A. Richardson. Mr. -Pt1rnell, of the House, voted for John Edward Addicks. Mr. Rose, of the House, voted for John R. Nicholson. 11ifr. Thompson, of the House, voted for J olm R. Nicholson. Mr. Townsend, of the House, voted for John Edward Ad- dicks. Mr. Tyre, of the House, voted for Harry A. Richardson. Mr. \i\Tarren, of the Hoilse, voted for John Edward Addicks. Mr. Speaker, of the' House, voted· for John Edward Addicks. · The vote as above ascertained having been announced, as fol- lows: For John Edward Addicks, nineteen votes .. For John R. Nicholson, nineteen votes. For Henry A. DuPont, eight votes. For T. Coleman DuPont, one vote .. For Harry A: Richardson, two votes. Total number of votes cast, 49. The President pro tempore of the Senate declared that no per­ son having received a majority of all the votes cast for United States Senator, There was no election to said office. On motion ofMr. McNulty, of the Set1ate, the two houses sep­ arated, and the members of the Senate returned to their cham­ ber. 387

On motion of Mr. McNulty, the Senate took recess until 2. o'clock P. M.

Same Day-2 o'clock P. M. The Senate reassembled at expiration of recess .. Mr. Allee gave notice that on to-morrow or some future day he would ask leave to introduce a bill; entitled: "An act in relation to Foreign Corporations doing business in this State." Mr. Allee gave notice that on to-morrow or some future clay he would ask leave to introduce., a bill,, entitled: "An act providing for a conting·ent fund for the Secretary of State." · Senate Bill No. 23, entitled: "An act fixing the liability in damages for the torts of speciaJ constables or officers." Special order of business was taken up. On the question, "Shall the bill pass the Senate?" The yeas, and nays were ordered, which being taken, were as follows: Yeas-Messrs. Clements, Harrington, Jefferson, Smith, Wright. 388

Nays-Messrs. Allee·,. Brasur.e, Conner, Latta, McNulty, Moore, D. 0., Pennewi'll, Sparks, Stirling, Mr. President pro tempore. So the question was decided in the negative, And the bill' not having received the required constitutional majority, W ~s declared Lost. Mr. Pennewill, from the Committee on Judiciary, reported back with amendment, Senate Bill No. 4, entitled:

• 1 "An act to regulate the business of Detectives within the State of Delaware." · - On motion of Mr. Pennewill, the amendment Was.read. Mr. Brasure moved thit the amendment pe adopted. The yeas and nays· were ordered, which being taken, were as follows: . ' · . Yeas-Messrs. Allee, Brasure, Clements, Conner, Harrington, Jefferson, Latta, McNulty, Pennewill, Smith, Sparks, Sterling, Wright, M,r. President. pro tempore. Nays-Mr. Moore, D. 0. So the question was· decided in the affir~ative, , And the amendment having received the required constitu­ tional majority, I Was declared Adopted . . Qn motion of 'Mr. Pennewill, the bill just reported · Was taken tip. for consideration, I And on his. further motion was read a third time, by para­ graphs; in order to pass the Senate. · 389

On the question, "Shall the bill pass the Senate?" On motion of M~. Allee,· further action on bill postponed un­ til II. o'clock to-morrow morning.

On rnotipn of Mr. Sparks, the Senate adjourned until 10.30 o'clock to-morrow morning. .'390

Thursday, February 12, 1903-10.30 o'clock A, M. Senate met pursuant to adjournment. Prayer by the Chaplain. Roll called. Members present-Messrs. Allee, Brasure, Cleq1ents, Conner, Groves, Harrington, Jefferson, Latta, Mc" Nulty, Moore, D. 0., Moore, T. C., Pennewill, Smith, Sparks. Stirling, Wright, Mr. President pro tempore, Mr. President. Journal read and approved. On motion of l\1r. A!lee, appointments from the Governor were Referred to the Executive Committee. Senate Bill No. 4, entitled: "An act to regulate the business of.Detectives within the State of Delaware." Special order of business was taken up. On motion of Mr. McNulty, The bill was recommitted. Mr.,. Sparks, in pursuance of previous notice, asked leave to introduce a bill, Senate Bill No. 49, entitled: "An act to exempt from Municipal Taxation ·cicrtain Janet" And further on his motion, Rule 14 was suspended, And the bill was read a seco~1d time, by its title, and Referred to the Committee on Vacant Lands. 391

Mr: Allee, in pursuance of previous notice, asked leave to in­ troduce a bill, Senate Bill No. 50, entitled: "An act in relation to Foreign Corporations doing business in this State." And further ori his motion, Rule r4 was suspended, And the bill .was read a second time, by its title, and Referred to the Committee on Corporations.

1]\fr. McNulty gave notice that on to-morrow, or some future clay, he wouicl ask leave to introduce a bill, entitled: ·"An act to further amend an act, entitled, 'An act in relation to the. streets and sewers of the City of Wilmington,' passed . April 20th, A. D. 1887, by authorizing changes of the course of streets." · Mr. McNulty gave notice that on to-morrow, or some future . clay, he would ask leave to introduce a bill, entitled: "An act to amend Section 126 of an act, entitle.cl, 'An act to Revise and Consolidate the Statutes relating to the City of vVil­ mington,' passed April 13th, A. ·D. 1883, and authorizing changes in the- City Plans." Mr. McNulty gave notice that on to-morrow, or some future · clay, he would ask leave to introduce a bill, entitled: "An act to lessen bribery at elections." Mr. Jefferson gave notice that on to-morrow, or some future clay, he would ask leave to introduce a bill, entitled: "An 9-Ct entitled, 'An act authorizing the Commissioners of School District No. 88, in Sussex County, to borrow money to build a school house in said District." ML Allee, in purst1ance of previous notice, asked leave to in­ troduce a bill, Senate Bill No. 51, entitled: "An act providing for a Contingent Fund for the Secretary of State." ,/

392

And further on his motion, Rule I4 was suspended,

And the bill was. read a second time 1 by its title, and Referred to the Committee on Finance . .Mt. Conn~r, from the Committee o~ Revised Statutes, re..: ported back with favorable recommendation, House Bill No. 27, entitled: "An act to increase the salary of the State Librarian." On motion of Mr. Conner, the bill just reported Wa~ taken up for consideration, And on his further motion, was read a third time, by para­ graphs, in order to pass the Senate. ·on the question, "Shall the bill pass the Seri.ate?" The yeas and nays were ordered, which, being taken, were as follows: · Yeas--'Messrs. Allee, Brasure, Clements, Conner, Harrington, . Jefferson, Latta, McNulty, Moore, D. 0., Moore, T. C., Penne­ will, Smith, Sparks, Stirling, Wright, Mr .. President pro tem­ pore. Nays_:_None. So th~ question was decided in the affirmative, . · And the bill having received th~ req;ire<:l constitutj~nal 'ma- . jority, · . Passed the Senate. Ordered that the Hoi.1se be informed thereof, and the bill re­ turned to that body. Mr, Conner, from the Committee on Revis·ed Statutes, re­ ported back with unfavorable recommendation, . Senate Bill No. 14, entitled: "An act to regulate the summoning and returning of Ju~ies. · On motion of Mc. McNulty, The bill was recommitted. Hon. C. R. Layton announced; and, on being ,admitted, pre­ sented for confirmation of the Senate, from the Governor, the following appointment: . STATE ·OF DELA WARE. EXECUTIVE DEPARTMENT. Dover, Delaware, February 10, 1903. To the Honorable, the Senate of Delaware. Gentlemen: I hereby nominate and appoint for tqe consent and confirmation of the Senate, Cornelius Frear, Jr., to_the office of ~tate Librarian, resident _at Dover, for the term of two years. . JOHN HUNN, .Governor. On motion of 'Mr_.Sparks,. five hund;red copies of. Senate Bill No. 114, Were ordered printed. Mr .. Hodgson, 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 bills:

House Bill No. 102, entitled:

"An act to amend Chapter 145, Volume 22, Laws of Dela­ ware, entitled, 'An ad to prevent Carp Fishing in,the Delaware Bay and its tributaries during the months of !June, July -and August of each year,' by extending the time of the close season."

. House Bill No. 106, entitled: "An act attthorizing the Commissioners of School District No. 66, New Castle County, to borrow money, to build<=!,new school house." _Mr. Hodgson,. Clerk of the House, being admitted, informed · the Senate that the House had passed and: req~ested the con- 50 currence of the Senate in the following House Joint Resolu- · tion: , House Joint Resolution No. 15: "Appointing a Joint Committee to secure transf>ortation for ..the Members of the General Assembly to .the town of Rehoboth for the purpose of ascertaining the condition of certain public lands of the State with the view of cli;;posing of the same." Mr. Hodgson, Clerk of th~ House, being admitted, informed the Senate that the House had concurred in the following Senate Joint Resolution:

Senate' . Joint Resolution. No.l 8: "Appointirig a Committee of Five to entertai~ the Representa­ tives of the St. Louis Exposition." Mr. Smith, in pursuance. of previoits notice, asked leave to introduce a bill, · Senate Bill No. 52; entitled: I • • ' ' "An act to amend Section 3, Chapter 3, Revised Code of 1893, Laws of Delaware." , · And further on his motion, .Rule 14 was suspended, And the bill was read a seco~d time, by its title, and .

Referred to the Committee 011 Cities and Towns. Mr. Sparks; in pursuance of previous notice, aslced leave to introduce a bill; Senate bill No. 53, entitled: "An act to exempt certain · 1ands from taxation for County purposes.'' And further on his motion, Rule J4 was si.1spehded, And the bill wa:~ rdd a second tirn~, by its title, and. Referred to the Committee on Vacant Lands. Mr. Clements, in pursuance .of previous notice, asked leave to inti:oduce a bill, ·.

"l

\ 39.5

Senate Bill No: 54, entitled: "An act to reincorporate the town of Cheswold." And further oi1 his motion, Rule 14 was suspe11ded, 'And the biH was read a second time, by its title, and Referred to the Committee on Cities and Towns. JOINT SESSION .. · The hour of twelve o'clock, noon, having arrived, the Senate, preceded by the President pro tempore, and attended by the Clerks and Sergeant-at-Arms, proq:edecl to the Hall of the House of Representatives, for the purpose of voting for United States Senators, iri obedience to the Act of Congress, entitled: "An act to regulate the time and manner of holding elections for Senators in Congress," · Passed July 25, 1866. · Mr. Presicle,nt pro tempore directed the Clerks to call the rolls of the respective houses ..

A.11members present except 11\!Ir. Hughes a!1d Mr. Townsend, of the House. Mr. Harrington, of the Senate, moved the reading of the Jour­ nals be dispensed with, Which motion Prevailed. Mr. Wright, of the .Senate, moved that they proceed to vote for United States Senator for the term ending March 4th, 1907, Which motion Prevailed. The Clerks were directed to call the rolls of the respective houses, and the members, as their names were called, responded j)y viva voce vote, as .follows, viz.: . •' Mr. Allee, of the Senate, voted for John Ed)vard Addicks. Mr. Brasure, of the Senate, voted for John Edward Addicks. Mr. Clements, of the Senate, voted for John H. Rodney. 306

Mr. Conner, of the Senate, voted for John Edward Addicks. Mr. Groves, of the Senate, voted for John Edward Addicks. 'Mr. Harrington, of the Senate., voted for John H. Rodney. Mr. Jefferson, of the Senate, voted for John H. Rodney. Mr. Latta, of the Senate, votecJ for John H. Rodney. Mr. McNulty, of the Senate, voted for John H. Rodney.

Mr. 1Moore, D. 0., of the Senate, voted for John Edward Ad­ . dicks. Mr. Moore, T. C., of the Senate, voted forJohn Edward Ad- dicks. Mr. Pennewill, of the Senate, vuted for John Edward Addicks. Mr. Smith, of the Senate, voted for John H. Rodney. Mr. Sparks, of the Senate, voted for Lewis Heisler Ball. Mr. Stirling, of the Senate, voted for Lewis Heisler Ball. · . . Mr. Wright, of the Senate, voted for John H. Rodney. Mr. President pro· tempore, of the Senate, voted for Lewis Heisler Ball. Mr. Allen, of the House, voted for John H. Rodney. r; Mr. Aspri!, of the. House, voted for Lewis Heisler Ball. Mr. Austin, of the House, voted for John Edward Addicks. IMr. Bancroft, of the House, voted for Lewis Heisler Ball. Mr. Bennett, of the House, voted for John Edward Addicks. Mr. Buckmaster, of the House, voted for John H. Rodney. Mi. Connelly, of the House, voted for John H. Rodney. Mr. Cook, of the House, voted for John H. Rodney. Mr. Derrkkson, of the House, voted for Lewis Heisler Ball.· Mr. Eastburn, of the House, voted for. Lewis Haisler Ball. Mr. Flinn, of the House, voted for Lewis Heisler Ball. 8H7,

Mr. Frazier, of the House, voted for John EdwardAcldicks. Mr. Gehman, of the House, voted for John Edward Addicks. Mr. Gooden, of the House, voted for JohnH. Rodney. Mr. Hart, of the House, voted for John H. Rodney. Mr. Holcomb, of the Honse, voted for John H. Rodney. Mr. Hughes, of the House, absent. Mr. Jones, of the House, voted for John Edward Addicks. Mr. Lawson, of the Honse, voted for John Edward Addicks. Mr. Lingo, of the House, voted for John Edward Addicks. Mr. Lowe, of the House, voted for John H. Rodney. Mr. Messick, of the House, voted for John Edward Addicks. Mr. Monaghan, of the House, voted for John H. Rodney. Mr. Morrison, of the House., voted for John H. Rodney. Mr. Newton, ·of the House, voted for John Echvarcl' Addicks. Mr. Paradee, of the House, voted for John H. Rodney. Mr. Powell, of the House, voted for John Edward Addicks. Mr. Price, of the House, voted for Anthony Higgins. •l\1r. Purnell, of the House, voted f_or John Edward Addicks. Mr. Rose, of the House, voted for John H. Rodney. Mr. Thompson, of the House, voted for John H. Rodney. Mr. Townsend, of the House, absent. Mr. Tyre, of the House, voted for Anthony Higgins. Mr. Warren, of the House, voted for John Edward Addicks. Mr. Speaker, of the House, voted for John Edward Addicks. The vote as above ascertained having been .announced, as follows:. :ms

For John Edward Addicks, twenty votes. For John H. Rodney, twenty votes. For Lewis Heislei: Ball, eight votes. For Anthony Higgins, two votes. Total number of votes cast, 50. The President pro tempore of the Senate declared that no per­ son haying received a majority of all the votes cast for United States Senator, · There was no election to said office.

Mr. McNulty, bf the Senate, moved that they proceed to vote for United States Senator for the term ending 'March 4th, 1905. Which motion Prevailed. The Clerks were directed to call the rolls of the respective houses, and the members, as their names were called, responded 'by viva. voce vote, as follows, viz.: Mr. Allee, of the Senate, voted for John Edward Addicks. Mr. Brasure, of the Senate, voted for John Edward Addicks. Mr. Clements, ~f the Senate, voted for John R. Nicholson. Mr. Conner, of the Senate, voted for John Edward Addicks. Mr. Groves, of the Senate, vo.ted for T. Coleman DuPont Mr. Harrington, of the Senate, voted for J ohh R. Nicholson. Mr. Jefferson, of the ~enate, voted for John R. Nicholson. Mr. Latta, of the Senate, :voted for John R. Nicholson. Mr. McNulty, of the Senafe, voted for John R. Nicholson. Mr. D. o:Moore, of the Senate, voted for John Edw~ml Ad- dicks. Mr. T. C: Moore,. o·f the Senate, voted for John Edward Ad­ dicks. · Mr. Pennewill, of the Senate, voted for John Edward Addicks. Mr.· Smith, of the Senate, voted for John R. Nicholson. Mr. Sparks, of the Senate, voted for Henry A. DuPont. Mr. Sterling, of the Senate, voted for Henry A. DuPont. Mr. Wright, of the Senate, v

'Nir. Lowe, of the House, voted for John R. Nicholson.

1Mr. Messick, of the House, voted for John Edward Addicks. Mr. Monaghan, of the House, voted for John R. Nicholson. Mr. Morrison, of the House, voted for John R: Nicholson. Mr. Newton, of the House, vmecl for John Edward Addicks. Mr. Paradee, of the House, voted for John R. Nicholson. Mr. Powell, of the House, voted for John .Edward Addicks. Mr. Price, of the House, voted for Alvan B. Conner. 'lVIr. Purnell, of the House, voted for John Edward Addicks.

Mr. Rose, of the House, voted for J 01111 R. Nicholson. Mr. Thompson, of the House, voted for John R. Nicholson. Mr. Townsend, of the House, absent. Mr. Tyre, of the House, voted for Alvan B. Conner. Mr. vVarren, of the House, voted for John Edward Addicks. Mr. Speaker, of the House, voted for John Edward Addicks. The vote as above ascertained having been announced, as follows: For John Edward Addicks. eighteen vote's. For John R Nicholson, twenty votes. For Henry A. DuPont, eight votes. For T. Coleman DuPont, one vote. For Alvan B. Conner, three· votes. Total nmnber of votes ,cast, 50. The President pro tempore of the Senate declared that no per­ son having received a majority of all the votes cast for United States Senator, There was no election to said office. 401

On motion of Mr. Smith, of the Senate, the two houses separ­ ated, and the members of the Senate returned to their chambe.r. ·

On motion of Mr. Sparks, the Senate took recess until 2 o'clock P. M.

Same Day-2 o'clock P. M. The Senate reassembled at expiration of recess. Hon. C R. Layton announced, and, on being admitted, pre­ sented for confirmation of the· Senate, from the Governor, the fo11owing appointments: STATE OF DELAWARE. EXECUTIVE DBP ARTMENT.

Dover, Delaware, March 12, 1903. To the Honorable, the Senate of Delaware: . Gentlemen: I hereby nominate and appoint for the consent and confirmation of the Senate, W. Field Cowen, to the office of Justice o · the Peace in and for Kent County; resident at Hart­ ley, in lieu of Joseph Castle, for the term of four years. JOHN HUNN, Governor.

Dover, Delaware, February 12, 1903. To the Honorable, the Senate of Delaware: Gentlemen: I hereby no}ninate and appoint for the consen_t ·· and confirmation of the Senate, Albert T. Williamson, to the {;l 402 office of Justice of the Peace in and for New Castle County, res­ ident at Hockessin, for the term of four years., JOHN HUNN, Governor. On motion of Mr.. Clements, the appointments were Referred to Executive Co~nmittee. Mr. D. 0. Moore gave notice that on to-morrow or s·ome fu­ ture day he would ask leave to introduce a bill; entitled: "An act in relation to weighing freight hauled by railroad companies in the State and authorizing the Governor to ap­ point an official freightweigher." Mr. Hodgson, 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 bills:

House Bill No. 81, entitled:

"An act to amend Section 1 of the act entitled 'An act to au­ thorize. and empower the Commissioners of United School Dis­ tricts Nos. II3 ancl 113f to borrow money to repair, rebuild, enlarge or remodel their school house, or otherwise provide for a better and more suitable site or more commodious school facilities in and for said district,' approved i\!Iarch 23, A. D. 1901, being Chapter 129, Volume 22, Laws of Delaware, by striking out certain words of said Section 1 and inserting in lieu thereof other words." House Bill No. 93: "An act for the protection of black bass in the fresh water streams and the lakes or ponds within the jurisdiction of Dela­ \vare," And presented the same to the Senate. Mr. Hodgson, Clerk of the House, being admitted, informed the Senate that the House had co11currecl in the following Sen- ate bill : · 403

Senate Bill No. ro: "An act authorizing the appointment of an additional Notary Public for New Castle County, to reside in the City of Wilming­ ton, for the office of Delaware Incorporators' Trust Co." iVIr. Hodgson, Cler!~ of the House, being admitted, informed the Senate, that the following House bills had been enrolled and signed by· the Speaker of the House, and presented the same to the Senate for the signature of the President, entitled:

1 House Bill No. 37: · "An act to enable the Governor to appoint a Justice of the. Peace for Kent County, to reside in vVest Dover Hundred, Fourth Representative District, at or·near the town of Hartley." House Bill No. 38: "An act to enable the Governor to appoint a Notary Public for Kent County, to reside in West Dover Hundred, Fourth R~presentative District, at or near the town of;Hartley." House Bill No. 55: "An act to provide for an additional Notary Public for Sus­ sex County, to reside in the town o: Rehoboth." House Bill No. 56: "An act to authorize the town of Smyrna to borrow six thou­ sand dollars for ·,the improvement of. the water and the electric light plants in said town." House Bill No. 76: "An act to change the name of Benjamin B. Palmer to Ben­ jamin B. Ewing." Nii~. Smith, in pursuance of. previous notice, asked leave to introduce a bill, Senate Bill No. 56, entitled: ".An act granting additional powers to the Collectors of Taxes 404 · i_nthe City of New· Castle, to collect taxes." And further on his motion, Rule 14 was suspended,' And the bill was read a second time, by its title, and Referred to the Cqmmittee on Cities aiid Towns. -Mr. Smith, in pursuance of previous notice, asked leave to introduce a bill, , Senate Bill No. 57, entitled: ''An act to'supplement and add to· Section 16; of Chapter r52, of Volume 15, of the .Laws of the State of Delaware, entitled 'An act to' incorporate the City of New Castle, ,authorizing the taxation of certain pole~ within said city." · · And further on his motion, Rule 14 was suspended, And the bill was read· a _seconq time, by its title, and .Referred to the Committee on Cities and Towns. Mr. Smith, .on behalf of the Committee on Enrolled Bills, re­ ported as duly and correctly enrolled and ready for. the signa­ _ture of.the Preside11t, the following bills: ~Senate Bill No. 5: · . "An act authorizing the appointment of an additional Notary Public for New Castle County, to reside in the City of Wilming­ ton, for the office of Julian C: vValker." Senate Bill No. 6: . "An act authorizing the Governor to · appoint an additional Notary Public- for Wilmington Hundred, New Castle Co11nty, Delaware." Senate Bill No.):. ;'An act to enable 'the Governor to appoint an additional No­ ' tary Public for Wilmington Hundred, New Castle County."

,- ' 1·' 405

Senate Bill No. 20: "A1{ act authorizing the Go~ernor to appoint an additional No­ tary Public for \rVilmington Hundred, New Castle County, for the office of F. Blumenthal & Co."· On motion of Mr. Clements, .House Bill No. 8r, entitled: "An act to amend Section r of the act entitled 'An act to au­ thorize and empower ·the Commissio~ers of United School Dis­ tricts Nos. rr3 anc\ rr3l to borrow money to repair, rebuild, en­ large or remodel their school house, or otherwise provide for a better and more suitable site or more commodious school facil­ ities in and for said district,' approved March 23, A. D. r9or, being Chapter 129, Volume 22, Laws of Delaware, by striking . out certain words of said Section r and inserting in lieu thereof o.ther words," ' W.as read a first time. On the further modon of Mr. Clements, Rule r4 was suspend­ ed as to .this bill, And further on his motion the bill was read a second time, bv its title, and · · Rieferrecl to the Committee on ,:J:i;ducation. On motion of Mr. Clements, House Bill No. 93, entitled: "An act for the protection of black bas.s in the fresh water · streams and the lakes and ponds within the jurisdiction of Del­ aware,'' \rVas read a first time. On the further motion of Mr. Clements, Rule r4 was suspend- ed as to this bill, . 1:\nd further. on his motion the bill was read a second time, by 406 its title, and Referred to the Committee on Fish, Oysters and Game·. Mr. Groves, from the Committee on Pttblic Buildings and Highways, reported back with favorable commendation.

House Bill No. 50, entitled: "An act authorizing the Road Commissioners of New Castle Hundred to_ fund the floating debt of said Hundred and pr9- viding for the payment• thereof." On motion of Mr. Groves, the bill just reported \,Vas taken up for consideration, And on his further motion was read a third time, by para­ graphs; in order to pass the Senate. On the question, "Shall the bill pass the Senate?"

The yeas and nays were ordered, which being taken, were as follows: · Yeas-lVIessrs. Brasure, Clements, Conner, Groves, Harring­ ton, Jefferson, Latta, McNulty, Moore, D. 0., Pennewill, Smith, Sparks, Stirling, Wright, Mr. President pro tempore.

Na)'.s-Norte. So the question was decided in the affirmative, - And the bill, having received the required constitutional ma- jority, · Passed the Senate. Ordered tha,t the House be informed thereof, and the bill re­ turned to that body. Mr. Harrington asked that House Joint Resolution No. r 5, entitled: 407

"Joint resolution appointing a joint committee to secure trans­ portation for the members of the General Assembly to the town of Rehoboth for the purpose of ascertaining the condition of. certain public lands of the .State with the. view of disposing of the same," Be read. . . Mr. Harrington moved that the joint resolution be adopted. On the question, "Shall the joint resolution pass the Senate?" The yeas and nays were ordered, which being taken, were as follows: · Yeas-Messrs. Brasure; Clements, Conner, Groves, Harring­ ton, Jefferson, Latta,, McNulty, Moore; D. 0., Pennewill, Smith, Sparks, St rling, Wright, Mr. President pro tempore'. Nays-Norie. _ So the question was decided in the affirmative, And the joii1t resolution having received the required consti­ tutional majority, · .was declared Adopted . Ordered that the House be informed thereof, and the joint resolution returned to that body. Mr. Pre~ident appointed Mr. Harrington and Mr .. Brasure committee . . Mr. Pennewill, fr'om the Committee on Judiciary, reported back with favorable recommendation Senate Bill No. 25, entitled: "An act authorizing the Gove:rno1: to appoint an additional Notary Public for St. George's Hundred, New Castle County. to reside in. the town of Odessa." On motion of Mr. Pennewill, the bill just reported

,/ . 408

Was taken up for consideration, And on his further motion was read a third. time, by para­ graphs, in order to pass the Senate. On the question, "Shall the bill pass the Senate?" The yeas and nays were ordered, which being taken, were as follows: · Yeas-Messrs. Brasure, Clements, Conner, Groves,· Harring~ ton, Jefferson, Latta, McNulty, :Moore, D. 0., Pennewill, Smith, Sparks, Stirling, Wright, l\!Jr. President pro tempore. Nays-None. So the question was decided in the affirmative, And the bill having received the required constitutioi1al ma~ jority, Passed the Senate. Ordered to the House for concurrence.

On motion of Mr; Clements, the Senate adjourned until 10.30 o'clock to-morrow morning'. · 40U

Friday, Febfuary 13th, 1903'-10.30 o'clock A. M. Senate met pursuant to adjournment. Prayer by the Chaplain. Roll called. Members present-Messrs. Brasure, Cle_ments, Conner, Groves, Harrington, Jefferson, Latta, McNulty, Moore, D. 0., Moore, T. C., Pennewill, Smith, Sparks, Stirling, Wright, Mr. President pro tempore, Mr. President. _ . Journal read and approved. Mr. Smith gave notice that on to-morrow, or some future clay, he would ask leave to introduce a bill, entitled: "An act to regulate and restrict the duties of Notaries Public." Mr. Conner gave notice that on to-morrow, or some future day, he would ask leave to introduce a bill, entitled: "An act to amend Chap'ter 104, Volume 22, Laws of Delaware, entitled, 'An act in relation to State Detectives by providing that the Sheriffs of the several Counties_ shall have power to. serve requisitions." Mr. Wright gave notice that on to-morrow, or sorrie future clay, he would ask leave· to introduce a bill, entitled: "Ari act to exempt from taxation the lands, tenements and hereclitaments and personal estate of 'The Florence ·Crittenton Home ofthe State of Delaware.'" Mr. Smith, on behalf of the Committee· on Enrolled Bills, re- , . ported as duly and correctly enrolled and ready for the signature of the President, the following Senate Joint Resolutions. · Senat,e Joint Resolution No. 7:

"Appointing a Committee to Supervise the Printing of the Duke of York Records." fi2 410

Se1iate Joint Resolution No. 6: "Relating to the suit · and controversy now pending: in the Supreme Court of the United States between th'e' States of New Jersey and Delaware." . . . Mr. Sparks gave notice that on to-morrow, or some future . clay, he wpulcl ask leave to introduce a bill, entitled: ..

0"An act to amend Section 2, of Chapter36, of Volt1me 21, of · the Laws of Delaware, entitled, 'An act providing for a unifoni1 system of Registration of all' Qualified Voters in this State, by providing for the changing of certain clays of registration."

Mr. Hodgson, Clerk of the House, being admitted; informed the Senate that the House ha.cl passed and requested. the con­ currence of the Senate in the following ~ouse bill

House.Bill No. 1124, entitled: "An act to permit the Governor and the Secretary of State to stamp with their autographs the various license blanks of the State of Delaware, instead of signing the same, ~s is now re­ quired by law," And presented the same to the Senate. Mr. Wright, from the Committee on Insurance and Banking, ~. reported back with favorable recommendation · Senate Bill No·. 26, entitleci:

"An act to incorporate the Bridgeville Trust Co1npany, and :I providing for a branch thereof at Greenwood.'.' . On motion of Mr. Wright, the bill just reported 'vVas taken up for -consideration, And, on his further motion, was read a third time, 1:iypara­ graphs, in order to pass the Senate. On the question, "Shall the bill pass the Senate?'~: · ,------

411

On motion of Mr. S1:iarks,' the bill·was made special order of business for eleven o'clock next 'Monday morning. On motion of Mr. T. C. Mpore,. House Bill No. 124, entitled: . "An act to permit the Governor and the Secretary of State to stamp with their autographs· the various license blanks of the , State of Delaware, instead of signing the same, as is now re­ quested by law," Was read a first tlme. on· the further l~Otion of Mr. T. C. Moore, Rule 14 was sus­ pen'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 Revised Statutes. Mr. Sparks, in pursuance of previous notice, asked leave to introduce a bill, Senate Bill No. 58, entitled:

"An act to prevent the procuring of deposits of money i11this State without lawful authority." ' And further on his motion, Rule 14 was suspended, And the bill was read a second time) by its title, aiid

Referred to the Co111111itteeon Insurance and Banking . .Mr. Sparks, from the Committee on Corporations, reported back with favorable ·recommendation Senate Bill No. 42, entitled: ·

"An act to enable the .town of Laurel to borrow money and issue bonds for the purpose of refunding a debt clue the Sussex Trust, Title and Safe Deposit Company of Laurel, Delawar~{ On motion of Mr. Sparks, the bill just reported· 412

Was taken up for consideration,

And on his further motion. ,vas react' a third time, by para­ graphs, in order to pass the S~nate. On the question, "Shall the bill pass the Senate?" The yeas and nays were ordered, which, being taken, were as follows: Yeas-Messrs.' Brasure, Clements, Conner, Groves, Harring­ ton, Jeffen:on, Latta, McNulty, Moore, D. 0., Moore, T. C., Smith, Sparh, S1irling,' ·wright, Mr. President pro tempore.

Nays-None.

So the question was decided in the affirmative,

And the bill having received the required constitutionaJ ma­ jority, Passed the Senate. Ordered to the House for concurrence. Mr: Conner, from the Committee ·on Revised Statutes, re­ ported back with favorable recommendation Senate Bill No. 47, entitled

"An act to repeal Chapter 5, Volume 13, Laws of Delaware, as published in the Revised Code of 1893, at page 2ip." On motion of Mr. Conner, the bill just reported Was taken up for consideration, And on his further motion, was read a third time, by para­ graphs, in order to pass the Senate. On the question, "Shall the bill pass the Senate?" The yeas and nays were ordered, which, being taken, were as · follows: · · Yeas-Messrs. Brasure, Clements, Conner, Groves, Harring-