UNIVERSITY OF DELAWARE LIBRARY

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OFFICERSAND MEMBERS OF THE STATE SENATE

PRESIDENT ISAAC THOMAS PARKER PRESIDENT PRO TEMPORE A. B. CONNER SECRETARY J. EDWARD GOSLEE READING CLERK ABRAHAM L. TYRE ENROLLING CLERK C. SHERBURNE RICE CHAPLAIN REV. GEORGE P. SMITH ATTORNEYS ALBERT F. POLK, Georgetown JAMES M. SATTERFIELD, Dover FRANCIS M. WALKER, Wilmington SERGEANT-AT-ARMS. HENRY M. LANG PAGE THEODORE L. COOK MEMBERS GEORGE W. SPARKS, New Castle County. . . . Wilmington THOMAS M. MONAGHAN, New Castle County . Wilmington THOMAS J. STIRLING, New Castle County . . . . ••... Henry Clay JOHN M. MENDINHALL, New Castle County ...... Newport ARTEMUS SMITH, New Castle County ...... New Castle DAVID C. ROSE, New Castle County . . . Newark JOHN A. LATTA, New Castle County. . . 'Townsend THOMAS C. MOORE, Kent County . . •.. . . . _ . : . Smyrna JOHN W. HOUSTON, Kent County ...... Clayton REMSEN BARNARD, Kent County...... Camden JAMES G. REED, Kent County ...... Felton ALVIN B. CONNER, Kent County. • . . . .. Felton SIMEON S. PENNEWILL, Sussex County . Greenwood DAVID H. BOYCE, Sussex County. • . . . Laurel DAVID 0. MOORE, Sussex County . Laurel ARCHIE B. LINGO, Sussex County . _ . . , Trinity THOMAS W. JEFFERSON, Sussex County . . Milton

- PROCLAMATION.

\VHEREAS, In re~ponse to intelligent demand the General Assembly, at its last Session, passed an Act entitled, "An Act Limiting Judgment Liens upon Real Estate in Kent and Sussex

Counties, and for other purposes," being Chapter 457 1 Volume 22, Laws of Delaware, and WHEREAS, Serious and urgent representations have been made to me by the Chancellor of the State, by the resident Judges and by members of the Bar of the Counties of Kent and Sussex with practical unanimity, and by many other intelligent citizens, that while , he general purpose of the Act aforesaid will tend to the public good, yet nevertheless certain numerous judgment creditors will be unjustly subjected to grave loss by the operations thereof, owing to their failure to comply there­ with, not contumaciously, nor even heedlessly, but through ignorance of the law alone ; and WHEREAS, This loss to the people can be averted only by extending the time in which the Act aforesaid shall go into operation; and WHEREAS, The time fixed in said Act for a continuance of liens upon real estate precludes the possibility of any legislative action in reference thereto without a Special Sessi.,n of the Legislature ; and WHEREAS, This public relief can be had by a Special Ses­ sion of the Legislature, not exceeding a few hours in length, .and at an lxpense extremely inconsiderable, in view of the good to be obtained ; Now, therefore, I, John Hunn, Governor of the State of Dela­ ware, being impelled by a sense of publicduty,and considering that since the adjournment of the last Legislature such an extraordi- IO nary occasion has arisen as is contemplated by the 16th Section of the Third Article of the Constitution of the said State of Delaware, do, and under and by virtue of the au·thority vested in me by the 16th Section of the Third Article of the Constitu­ tion aforesaid, by this, my Proclamation, order and direct that the General Assembly of the said State of Delaware do convene at Dover, in the State House, on Thursday, the Twenty-Ninth Day of December, in the year of Our Lord one thousand nine hundred and four, at the hour of ten o'clock, for the purpose of extending the time in which the provisions of the Act to which I have alluded shall go into effect. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State to be hereto affixed this 16th. day of December, in the year of our Lord one thousand nine hundred and four, and of the Independence of the United States the one hundred and twenty-ninth. By the Governor; JOHN HUNN. CALEB R. LAYTON, Secretary of State. JOURNAL OF THE STATE SENA1-E.

Dover, Defaware, December, 29th, 1904. Pursuant to the foregoing proclamation the General Assembly of the State of Delaware convened in special session at Dover on Thursday the 29th day of December in the year of our Lord, One Thousand Nine Hundred and Four, and of the indepen9-ence of the United States the one hundred and twenty-eighth. Sena­ tors Sparks, Stirling and. Latta of New Castle County, .Senators Conner and Moore T. C. of Kent County and Senators Jefferson, Pennewill and Moore, D. 0. of Sussex County, appeared and took their seats. President of the Senate Lieutenant Governor Philip L. Cannon called the senateto orde(at 10.45 o'clock a. m. Prayer by Rev. George P. Smith. The Presi.dent of the Senate appointed Mr. Barnard a commit­ 'tee of one to inform the Judges of each Cou:µty that the Senate was ready to receive the certificates of election. On motion of Senator Moore, D. 0. Senator Sparks was made temporary Secretary of the Senate. Judge Boyce of Sussex County, Judge Pennewill of Kent County and Prothonotary Speakman of New Castle County ap­ peared in the Senate chamber with the certificates of election of the several senators, which were read as follows: The State of Delaware, } Sussex County, ss. Be it remembered, that at the General election held on the , Tuesday next atfer the first Monday in November in the year of our Lord one thousand nine ,hundred, and four, for Sussex I2 County, according to the Constitution and Laws of the State of Delaware David Harley Boyce was duly elected Senator for Sena­ torial District number two in said County in General Assembly: which is manifest by calculating and ascertaining the aggregate amount of all the votes given for each person voted for in the said Senatorial Districts, according to the provisions made by law in this behalf. In Testimony whereof, We, Ignatius C. Grubb and William H. Boyce, the Judges constituting the Superior Court in Sussex County, who have met and ascertained the [seal] state of the election throughout the said County, as the law requires, have hereunto set our hands and caused the seal of the said Superior Court to be hereunto affixed at the Court Roust' in said County on this eleventh day of November, A. D. 1904. IGNATIUS C. GRUBB, Asse>~iate Ju::lge. WILLIAM H. BOYCE, Resident Associate Judge. The State of Delaware, } Sussex County, ss. Be it remembered, that at the General Election held on the Tuesday next after the first Monday in N°ovember in the year of our Lord one thousand nine hundred and four, for Sussex County, according to the Constitutioh and Laws of the State of Delaware, Archie B. Lingo was duly elected Senator for Sena­ torial District number four in said County in General Assembly; which is manifest by calculating and ascertaining the aggregate amount of all the votes given for each person voted for in the said Senatorial Districts, according to the provisions made by law in this behalf. In testimony whereof, we, Ignatius C. Grubb and William H. Boyce, the Judges constituting the Superior Court in Sussex County, who have met and ascertained the [seal] state of the election throughout the said County, as the law requires, have· hereunto set our hands and caused the seal of the said Superior Court to be hereunto affixed at the Court House in said County on this eleventh day of November, A. D. 1904. IGNATIUS C. GRUBB, Associate Judge. WILLIAM H .BO-XCE. Resident Associate Judge. 13 The State of Delaware, } New Castle County, ss. Be it remembered, that at the General Election held on the Tuesday next after the first Monday in November in the year of our Lord nineteen hundred and. four, for New· Castle County, according to the Constitution and Laws of the State of Delaware, Thomas M. Monaghan was duly elected Senator· for Senatorial District number two in said County in the General Ass~mbly; which is manifest by calculating and ascertaining the aggregate amount of all the votes given for each person voted fo'r in the said Senatorial District, according to the provisions made by law in this behalf. In Testimony whereof, we, Charles B. Lore and William C. Spruance, the Judges constituting the Superior Court in New Cas­ tle County, who have met and ascertained [seal] the state of the election throughout the said County, as the law requires, have hereunto set our hands and caused the seal of the said Superior Court to be hereunto affixed at the Court House in said County on this four­ teenth day of November, A. D., 1904. · CHARLES B. LORE, Chief Justice. W. C. SPRUANCE, Resident Associate Judge. The State of Delaware, } New Castle County, ss. Be it remembered, that at the General Election held on the Tuesday next after the first Monday in November in the year of our Lord ninteen hundred and four, for New Castle County, ac­ cording to the Constitution and Laws of the State of Delaware, John M. Mendinhall was duly elected Senator for Senatorial District Number four in said County in the General Assembly; which is manifest by calculating and ascertaining the aggregate amount of all the votes given for each person voted for in the said Senatorial District, according to the provisions made by law in this behalf. In testimony whereof, we Charles B. Lore and William C. Spruance, the Judges consti­ tuting the Superior Court in New Castle · County, who have met and ascertained the [seal] state of the election throughout the said County, as the law requires, have hereunto 14 set our hands and caused the seal of the said Superior Court to be hereunto affixed at the Court House in said County on this four­ teenth day of November, A. D., 1904. CHARLES B. LORE, Chief Justice. W. C. SPRUANCE, R.esident Assodate Judge. The State of Delaware, } ss New Castle County, · Be it remembered, that at the General Election held on the Tuesday next after the first Monday in November in the year of our Lord ninteen hundred and four, for New Castle County, ac~ording to the Constitutio:i anrl L:iw3 of the State of Delaware, David C. Rose was duly elected Senator for Senatorial District Number six in said County in the General Assembly which is manifest by calculating and ascertaining the aggregate amount of all the votes given for each person voted for in the said Senator­ ial District, according to the provisions made by law in this behalf. In testimony whereof, we, Charles B. i,ore and William C. Spruance, the Judges constituting the Superior Court in New Castle County, who have met and as~ertain- [seal] ed the state of the election throughout the said County, as the law requires, have here­ unto set out hands and caused the seal of the said Superior Court to be hereunto affixed at the Court H,mse in said County on this four­ teenth day of November, A. D., 1904. CHARLES B. LORE, Chief Justice. W. C. SPRUANCE, Resident Associate Judge. The State of Ddaware, } ss Kent County, · Be it re:nemberei, th1t at the General Ele::tio:i held on the Tuesday next after the First Monday in November in the year of our Lord one thousand nine hundred and four, for Kent County, according to the Constitution and Laws of the State of Delaware, John W. Houston was duly elected Senator for the second Sena­ torial District of the County in the General Assembly, which is m1nifest by calculating and ascertaining the aggregate amount of all the votes given for each person voted for in all the hun­ dreds and election districts of the county, according to the provi­ sions made by law i~ this behf'tlf. 15 In testimony whereof, we, John R. Nichol­ son and James Pennewi11, constituting the Superior Court for Kent County, who have met and ascertained the state of the election [seal] throughout the said county as the law re­ quires, have hereunto set our hands and caused the seal of the said Superior Court to be hereunto affixed at the Court House in said County on this tenth day of November, A. D., 1904. J. R. NICHOLSON, Chancellor. JAMES PENNEWILL, Resident Associate Judge. The State of Delaware, } s Kent County, & • Be it remembered, that at the General Election held on tl:e Tuesday next after the First Monday in November in the year our Lord one thousand, ·nine hnnded and four, for Kent County, according to the Constitution and Laws of the State of Delaware, Remsen C. Barnard was duly elected Senator for the third Sena­ torial District of the-County in the General Assembly, which is manifest by calculating and ascertaining the aggregate amount of all the votes given for each person voted for in all the hun­ dreds and election districts of the county, according to the provi· sions made by law in this behalf. In testimony whereof, we, John R. · Nicholson and James Pennewill, constituting the Superior Court for Kent County, who have met and ascertained the state of the (seal] election throughout the said county as the law requires, have hereunto set our hands and caused the seal of the said Superior Court to be hereunto affixed at· the Court House in said County on this tenth day of November, A. D., 1904. J. R. NICHOLSON, Chancellor. JAMES PENNEWILL. Resident Associate Judge. The State of Delaware, } Kent County, ss. Be it remembered, that at the General Election held on the Tuesday next after the first Monday in November in the year of our Lord one thousand nine hundred and four, for Kent County, according to the Constitution and Laws of the State of Delaware, 16 James T. Reed was duly elected Senator for the fourth Senatorial District of the County in the General Assembly, which is mani­ fest by calculating and ascertaining the aggregate amount of all the votes given for each person voted for in all the hundreds and election districts of the county, according to the provisions made by law in this behalf. In testimony whereof, we, John R. Nichol­ son and James Pennewill, constituting the Superior Court for. Kent County, who have met and ascertained the state of the election [seal] throughout the said county as the law re­ quires, have hereunto set our hands and caused the seal of the said Superior Court to be hereunto affixed at the Court House in said County on this tenth day of November, A. D., 1904. J. R. NICHOLSON, C:hancellor. JAJY-IESPENNEWILL, Resident Associate Judge. The newly elected senator's appeared and assumed the follow­ ing oaths of office. I do solemnly swear (or affirm) that I will support the Con­ stitutio of the United States and the Constitution of the State of Delaware, and that I will faithfully discharge the duties of Sena­ tor in the General Assembly from Senatorial District No. 3 in Kent County, according to the best of my ability; and I do further solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed, or offered or prom­ ised to contribute, any money or other valuable thing as a con­ sideration or reward for the giving or withholding a vote at the election at which I was elected to said office. REMSEN C. BARN ARD. Senator in the General Assembly for Senatorial District. No. 3 in Kent County. I do solemnly swear (or affirm) that I will support the Consti­ tution of the United States and the.Constitution of the State of Delaware, and that I will faithfully discharge the duties of Sena­ tor in the General Assembly from Senatorial District No.4 in Kent County, according to the best of my ability; and I do fur­ ther solemnly swear (or affirm) that I have not directly or indi­ rectly paid, offered or promised to pay, contributed, or offered or promised to contribute, any money or other valuable thing as a consideration or reward for the.giving or withholding a vote at 17 the election at which I was elected to said office. JAMES T. "REED. Senator in the General Assembly from Senatorial District No. 4 in Kent County. I do solemnly swear (or affirm) that I will support the Consti­ tution of the United States and the Constitution of the State of Delaware, and that I will faithfully discharge the duties of Sena­ tor in the General Assembly from Senatonrial District No. 2 in Kent County, according to the best of my ability; and I do fur­ ther solemnly swear (or affirm) that I have not directly or indi­ rectly paid, offered or promised to pay, contributed, or offered or promised to contribute, any nioney or other valuable thing as a f'Onsideration or reward for the giving or withholding a vote at the election at which I was elected to said office. JOHN W. HOUSTON. Senator in the General Assembly from Senatorial District No. 2 in Kent County. I do solemnly swear (or affirm) that I will support the Consti­ tution of the United States and the Constitution of the State of Delaware, and that I will faithfully discharge the duties of Sen­ ator in the General· Assembly from Senatorial District No. 6 in New Castle County, according to the best of my ability; and I do further solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed, offer­ ed or promised to contribute, any money or other valuable thing as a consideration or reward for the giving or withholding a vote at the election at which I was elected to said office DAVID C. ROSE. Senator in the General Assembly from Senatorial Distriet No. 6 in New Castle Cunty. I do solemnly swear (or affirm) that I will support the Consti­ tution of the United States and the Constitution of the State of Delaware, and that I will faithfully discharge the duties of Sena­ tor in the General Assembly from Senatorial District No. 4 in Sussex County, according to the best of my ability; and I do further solemnly swear (or affirm) that I have not directly or .indirectly paid, offered or promised to pay, contributed, or offered or promised to contribute, any money or other valuable thing as a consideration or reward for the giving or withholding a vote at the election at which I was elected to said office. ARCHIE B. LINGO. Senator in the General Assembly from Senatorial District No. 4 in Sussex County. 18 I do solemnly swear (or affirm that I wil1 support the Constitu­ tion of the United States and the Constitution of the State of Delaware, and that I will faithfully discharge the duties of Sena­ tor in the General Assembly from Senatorial District No. 2 in Sussex County, according to the best of my ability; and I do further solemnly swear (or affirm) that I have not directly or ir.­ directly paid, offered or promised to pay, contributed, or offered or promised to contribute, any money or other valuable thing as a consideration or reward for the giving or withholding a vote at the election at which I was elected to said office. D. HARLEY BOYCE. Senator in the General Assembly from Senatorial Distrkt No. 2 in Sussex County. I do solemnly swear ( or affirm·) that I will support the Consti­ tution of the United States and the Constitution of the [email protected] Delaware, and that I will faithfully discharge the duties of Sena­ tor in the General Assembly from Senatorial District No. 2 in New Castle County, according to the best of my ability; and I do further solemnly swear ( or affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed, or promised to contribute, any money or other. valuable thing as a consideration or reward for. the giving or withholding a vote at the election at which I was elected to said office. THOMAS M. MONAGHAN. Senator in the General Assembly from Senatorial District No. 2 in New Castle County. I do solemnly swear (or affirm) that I will support the Consti­ tution of the United States and the Constitution of the State of Delaware, and that I will faithfully discharge the duties of Sena­ tor in the General Assembly from Senatorial District No. 4 in New Castle County, according to the best of my ability; and I do further solemnly swear ( or affirm) that I have not directly or indirectly paid, offered or promised to pay, conributed or offered or promised to contribute, any money or other valuable thing as a consideration or reward for the giving or withholding a vote; t the election at which I was elected to said office. JOHN M. MEND,INHALL. Senator in the General Assembly from Senatorial District No. 4 in New Castle County. Pursuant to an act to regulate the time and manner of admin­ istering certain oaths as appears in the following certificates to wit: 19 And I, Alvan B. Conner, a member of the Senate of the State of Delaware, from Kent County, do hereby certify that D. Harlty Boyce and Archie B. Lingo, both of Sussex County, members elect and present of the Senate, were, previous to entering Upon any other business, and previous to taking their seats, sworn by· me in due form of law, that they and each of them would respec­ tively support the constitution of the United States, support the constitution of the State of Delaware, and perform . th.eir duties as members of the General Assembly of the said state with fidelity. ALVAN B. CONNER. And I, Alvan B. Conner, a member of the Senate of the State of Delaware, from Kent County,. do hereby certify that ,Thomas M. Monaghan, John M. Mendinhall and David C. Rose all of New Castle County, members elect and present of. the s~nate, were, previous to entering upon any other buisness and previous to taking their seats, sworn by me, iri due form of law, that they and each of them would respectively support the Co:istitutio:i of the United States, supportthe Constitµtion of the State of Delaware, and perform their dutes as members of the General Assembly of the said State with fidelity. ALVAN B. CONNER. And I, Alvan B. Com1er, a member of the Senate of the State of Delaware, from Kent County, do hereby certify that John W. H6uston, Remsen C. Barnard and James T, Reed all of Kent County, members elect and present of the Senate, were, pre­ vious to entering upon any other business, and. previous to tak­ ing their seats, sworn by me in due form of law, that they and ea.ch of them would respectively support the Constitution of the United States, the Constitution of the State of Delaware, and perform their dut.ies as .members of the General Assembly of the · said State with fidelity. ALVAN B. CONNER. The same were. ordered spread upon the Journal. Ori motion of Senator Moore T. C. senate takes recess until 1 o'clock P. M. same nay. : ' . Senate reassembles persunat to recess I P. M. same day. · On·motion of Senator Monaghan the temporary secretary was fostructed to request the Attorney General to appear in the sen­ ate chambers the next day in the A. M. to give any legal adv."se , that might be desired by the members of the senate.

, · On motion of Senator Sparks senate takes recess until 11 A. M. next day. 20 December, 10th, 1904, 11 o'clock A. M. Senate reassembles pursuant to recess. On motion :>fSenator Sparks a committee was appointed to escort the Attorney General to the Senate Chamber to legally advise the senate regarding the organization of this special ses- sion of the General Assembly. • Pursuant to the above motion the President of the Senate ap­ pointed Senators Sparks and Monaghan. Being escorted to the Senate Chamber the Attorney General gave such advise as the members desired. On, motion of Senator Monaghan a standing vote of thanks was extended to the Attorney General for his advise.

On motion of Senator Sparks the senate takes recess until 1.30, o'clock P. M. same day.

Senate reassembles pursuant to recess 1.30 o'clock P. M. same day. On motion of Senator Pennewill the motion to elect a President protempore and all records pertaining thereto as previously made, were ordered expunged from the Journal. On motion of Senator Moore, D. 0. the senate proceeded to elect by ballot a secretary of the senate to serve during this special session. Senator Conner nominated J. Edward Goslee of Sussex County. Senator Bocye nominated S. J. Lowe of Sussex County. On motion of Senator Pennewill the nominations closed. The President appointed Senators Conner and Rose tellers to conduct the election for secretary of the senate. On the ballot J. Edward Goslee received ten votes and S. J. Lowe received seven votes. Thereupon the President of the senate declared that J. Edward Goslee having received a majority of all the votes cast was duly elected secretary of the senate for the extraordinary session. The President of the senate appointed Snators Conner and Rose a committee to wait upon and inform Mr. Goslee of his election and to conduct him to the Senate Chamber. 2I Mr. Go.slee being introduced was duly qualified and assumed the duties of his office, after having taken the following oath: I do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Delaware and that I will faithfully discharge the duties of the Clerk of the Senate of the State of Delaware with fidelity to the best of my ability. J. EDWARD GOSLEE. On motion of Senator Moore, T. C. the senate proceeded to elect a Reading Clerk for this special session. Senator Moore T. C. nominated Thomas Philips of Sussex County. Senator Stirling nominated Abraham L. Tyre, of New Castle County. f enator Jefferson nominated E. Wise Warren of Sussex County. On the ballot E. Wise Warren received seven votes Thbmas Philips three votes and Abraham L. Tyre seven votes whereupon the President declared no election to the office of Reading Clerk. On motion of Senator Sparks the senate pr'oceeded to take a second ballot for Reading clerk. On the second ballot Mr. A. L. Tyre received ten votes and Mr. E. Wise Warren received seven votes. Whereupon the President declared that Abraham L. Tyre, having received a majority of all the votes cast was duly elected Reading Clerk of the senate for this special session. The President appointed Senators Latta and Moore, D. 0. a committee to inform Mr. Trye of his election and conduct him to the senate chamber. Mr. Tyre being introduced was duly qualified and assumed the duties of his office after having taken the following oath of office. I do solmenly swear that I will support the Constitution of the United States and the State of Delaware, and that I will faithfully discharge the duties of Reading Clerk of the Senate of the State of Delaware with fidelity according to the best of my ability. ABRAHAM L. TYRE. On motion of Senator Moore T. C. the senate proceeded to elect by balJot an Enrolling Clerk for this speeial session. 22 Senator Conner nominated Charles H. Simmons. Senator Smith nominated Joseph T. Gough. On the ballot Mr. Simmons received ten votes and Mr. Gough received seven votes, whereupon the President declared that Mr. Simmons having received a majority of all the votes cast was duly elected Enrolling Clerk of the senate for this spceial session. Mr. Simmons being introduced assumed the duties of his office after having taken the following oath: I do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Delaware, and that I will faithfully discharge the duties of Enrolling Clerk of the Senate of the State of Delaware according to the b'est of my ability. CHARLES H. SIMMONS. On motion of Senator Sparks the senate proceeded to elect· by ballot a Sergeant-at-arms for this special session. Mr. Sparks nominated William T. Deighton. Mr. Rose nomi­ nated J. Edward McNabb. On the ballot Mr. Deighton received ten votes and Mr. Mc­ Nabb received seven votes, whereupon the President of the Sen­ ate declared that Mr. Deighton having received a majority of all the votes cast was duly elected Sergeant-at-arms of the Senate for this special session. On motion of Senator Sparks, Mr. Deighton was presented and took the following oath: I do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Delaware, and that I will faithfully discharge the duties of the Sergeant-at-anns of the senate of the State of Delaware according to the best of my ability. WILLIAM T. DEIGHTON. On motion of Senator Sparks the senate proceeded to elect by ballot a chaplain for this special session. Mr. Moore. T. C. nominated Rev. George P. Smith. Mr. Latta nominated Rev. L. W. Layfield. On the ballot Rev. Smith received ten votes and Rev. Layfield. received seven votes, whereupon the President of the senate declared that Rev. George P. Smith having received a majority of all the votes cast was duly elected Chaplain of the senate for this special sessibn. · 23 On motion of Senator Sparks the senate proceeded to elect by ballot a page of the senate for this special session. Mr; Sparks nominated Theodore L. Cook. Mr. Reed nominated William Perry.

On the ballot Theo. L. Cook received ten votes and William Perry received seven votes, whereupon the President of the senate declared that Theodore L. Cook having received a majority of all the votes cast was duly elected Page of the senate for this special sesison. On motion of Senator Sparks the follo.-·ing resolution was adopted: Be it resolved by the Senate, that the Clerk of the Senate is instructed to notify the House that the Senate is duly and regulary organized and has elected J. Edward Goslee clerk, and is ready to proceed to business. Mr. Sparks offered the following resolution which on his motion was adopted. Be it resolved by the senate, that the privileges of the floor be accorded to exsmembers of the senate, members and ex-members of the House of Representatives, Governor and other State Offi­ cials, members of the Bar. women and· representatives of the Press. On motion of Mr. Sparks the following concurrent resohttion was read and adopted: Be it resolved by the senate, that a committee of two be ap­ pointed to act in conjunction with a committee from the House to wait upon the Governor and to notify him of the organization of the General Assembly. Pursuant to the above resolution the President of the senate appointed Senators Smith and Sparks as a committee. On motion of Senator Sparks no rules except enough to con· form to Cttshing's Manual were adopted. On motion of Stenator Sparks no standing committees w1:re appointed for this special session. Mr. Lewis, Clerk of the House, is admitted and informed the senate that the House had adopted the following resolution. 24 Be it resolved by the House of Representatives that the Clerk of the House is instructed to notify the Senate that the House is duly and regularly organized and has elected William D. Denny. Speaker, and Thomas L. Lewis Clerk, and is ready to proceed to businees. Mr. Lewis Clerk of the House being admitted informed the senate that the house has concurred in Senate Concurrent Resolu­ tion No. 1 and had appointed Messrs. Abbott, Wilson and Hart · in accordance thereto. Honorable Secretary of State Caleb R. Layton being admitted presented from his excellency the Governor a message to the General Assembly. On motion of Senator Sparks the message was read and ordered spread upon the Journal. To the members of the Senate and House of Representatives, Gentlemen :-You have bee)l convened in Special Session through and by the authority conferred upon me by the Constitu­ tion which provides for this resort whenever an urgent and ex­ traordinary condition demands it.

At the last Session of the Legislature an act was passed entitled "An Act Limiting Judgment Liens upon Real Estate in Kent and Sussex Counties. and for other purposes," being Chapter 457, Volume 22, Laws of Delaware. This same law has been in force in New Castle since 1896. Serious representations from general and responsible sources has convinced me that owing to want of information by the people this law as it now stands will result in serious loss to a large number of judgment creditors by reason of failure to comply therewith. My judgment is that the law in its general purpose is wise and will work for the public good, but I recommend that the time be extended for at least one year before it shall go in to effect. This will relieve the situation leaving any other desir­ able amendment to this act to be made the next session of the General Assembly. JOHN HUNN, Governor. Mr. Sparks moved that a special commite;:e of five be appointed on appropriations to serve throughout this extraordinary session of the General Assembly to act on expenses incider.t:11 to the Session, which motion prevailed. · 25 The Presidel!t of the Senate appointed Senators Conner. ~parl~s. ;ee.nne'Yill,,Latta and Monaghan as a committee pursuant to the above motion. Mt. Lewis Clerk ofthe House being admitted informed the Senate that the House had passed and requests the concurrence' of the Senate in the following House Bill. . . Hoµse Bill No. i;:._An.act to ex;tend the till).e at which the provisions of the acteriti,tled a.n act limiting judgment liens upon real estate in Kent and Sµssex Counties ~nd for other_ purposes being Chapter 457 Voli:uiie 22 Lawsbf Delaware as to the loss of Judgment liens shall take effect.

On motion of Mr. Sparks; the bill, House Bill. No. I, entitled: -An act to extend the time at which the provisions of. the act en tiled." An act limiting Judgment liens upon Real Estate in Kent a11dS,ussex Counties and for oth~r purposes being Chapter 4.57, Volume 22_taw$ of Delaware.as to the loss of Judgment Liens shal1 take effect was read a first time. And further Ori his motion the bill was read a second time, by its title, and referred to the Committee on the whole. On motion of Senator Sparks the senate went. into Committee of the whole and further. onhis motion .Senator Pennewill was made Chairman of the Committee on thewhole On motion of Seh~tor Monag-liail the Committee of the whole dissolved after favorably considering House Bill No. 1. Mr. Pennewill on behalf of tlie Coi:rimiftee bn the whole to whom had been referred the bill,. (Hoµse Bill, No. 1 ,)entitled:­ An ~t to.~xtend the fiJ:P:ea_t ~hie~ the provision of the act entitled ''An ac~ lliµi:tiµg)wlgni~n~ 1tieris_.tiponReal Estate in Kent and Sussex Counties ana forother purposes being Chapter 457, VqlUlile 22, I,3:ws.otDelaw:are, a:sto tlte. loss of. Judgment Liel\!! ~hall take effect :reported the same back to the senate favorably . . On motion of Mr. ;Moore, T .. C. _thet,iU,( ~quse Bill, No. 1.), @tit1¢d:----:Ariac~ to extend the.time at which the provisions of i;he act entitled "Ari ,~¢t lilllititig. Judgment. Liens upon Real ~stat~in K¢nt and Su~sex. Coti11tie~and for other purposes being C.haj>.ter.457, .V olum¢~i IAw:s ~f Delaw_are as to the lo~s of Judgirierit. Liens shall t~ke efJ~t was_taken uy for. consider~tion, · -and, on his further motion, was read a third time, by para­ graphs, in order to pass the Senate. On the question, '•Shall 26 the bill pass the Senate?" The yeas and nays were ordered, which being taken, were as follows: Yeas-Messrs. Barnard, Boyce, Houston, Jefferson, Latta, Lii1go, Mendinhall, Monaghan, Moore, D. 0., Moore, T. C., Pennewill, Reed, Rose, Smith, Sparks, Stirling, Conner, 17. Nays-None. So the question was decided in the. affirmative, and the bill having received the required constitutional majority, was declar­ d passed the Senate. Ordered that the House be informed thereof and the bill returned to that body. Mr. Lewis, Clerk of the House, being admitted, presented for foe signature of the President of the Senate the following duly a:id correctly enrolled House bills, the same having been signed by the Speaker of the House. House Bill. No. 1.-An act to extend the time at which the provisions of the act entitled "An act limiting Judgment Liens upon Real Estate in Kent· and Sussex Counties and of other purposes being Chapter 457, Volume zz Laws of Delaware as to the loss of Judgment Liens, shall take effect. On motion of Mr. Sparks the house was informed that the se:rnte had appointed a committee of five on appropriations to act oa the expenses incidental to the Special Sess:on and is ready to co;1fer with a like committee on the part of the house. The President of the Senate appointed Senator Pennewill as chairman of the committee on appropriations. Honorable C. R. Layton Secretary of State being admitted the senate informed that the House has passed and requested the concurrence of the senate in the following house bill. House Bill No. z-An act in relation to the compensation of the officers of the two house of the General Assembly for the Special Session convened December 29th A. D. 1904.

On motion of Mr. Sparks, the bill (House Bill No. 2), entitled An act in relation to the compensation of the officers of the two Houses of the General Assembly convene in Special Session December 29th A. D. 1904 was read a first time. An further on his motion the bill was read a second time, by its title, and referred to the Committee on the whole. 27 On mot'on of Senator Co::iner Senator Sparks was made chair- man of committee of the whole. · On motion of Senator Conner the committee of the whole dfr­ solved after favorably considering House Bill No. 2. Mr. Sparks from the Committee on the whole reported back with favorable recommendation the bill, (House Bill No. 2), entitled: An act in relation to the compensation of the officers of the two Houses· of the General Assembly in Special Session co:1- vened December 29th A. D. 1904. On motion of Mr. Monaghan the bill just reported was taken up for consideration, and, on his further motion, was read a third time, by paragraphs, in order to pass the senate. On the question, "Shall the bill pass the Senate?" The yeas and nays were ordered which being taken, were as follows: Yeas-Messrs. Barnard, Boyce, Houston, Jefferson, Latta, Lingo, Mendinhail, Monaghan, ,Moore, D. 0., Moore, T. C., Pennewill, Reed, Rose, Smith, Sparks, Stirling, Conner, 17. Nays-None. So the question was decided in the affirmative, and the bill havingreceived the required constitutional majority., passed the senate. Ordered that the House be informed thereof, and the bill returned to that body. Senator Sparks offered the following resolution which on his motion was read and adopted. Senate Resolution appropriating certain money out of the State Treasury to pay the compensation of the Membern of the.Senate. Be it resolved, That the following amounts be and the same are hereby appropriated out of any money in the State Treasury ·not otherwise appropriated, for the payment of the compensation of the Members of the Senate.

George W. Sparks; .. $10.00 Thomas M. Monaghan, . 10.00 Thomas Sterling, . 10.00 . John M. Mendinhall, . 10.00 Artemus Smith, . 10.00 David C. Rose, 10.00 John A. Latta, . 10.00 28 Thomas C. Moore, .. . 10.00 John W. Houston, . . . 10.00 Remsen C. Barnard, . . 10.00 James T. Reed, .. 10.00 Alvan B. Conner, . . J0.00 Simeon Pennewill, . . 10.00 David 0. Moore, . . io.oo 1'homas w. Jefferson. . 10.00 David Harley .. Bqyce, · fP·O? Archie B. Lingo; . . . 10.00 Philip L. Cannon, .. . 12.00 Mr. Le~is, Clerk of the House, being admitted, presented for the signature of the President of the senate tl:ie following duly and correctly enrolled House bills, the 'same having been· sjgnfd by the Speaker of the H?us~. ' · House Bill No. 2-An act in relation to the compensatiqn of the officers of the Two Houses of the General Assembly for the Special Session convened December 29th A.· D. i904. · . . .. ·' ! '' ', ' . ' Mr. Sparks presented a joint resolution entitled: S. Joint Reso­ lution No. 1.-Fixing the date for the adjournmept sine die of the Special Session of the The General Assembly; which on his motion, ,vas read. Mr: Sparks moved that the joint resqh1tion be adopted. On the question, ''Shall the jqip.t resolutiop. pa~s tlie Senate?" '·· The yeas and nays were ordered, w:hic4 being t~ken, w~re as follows: Yeas-Messrs. Barnard, Boyce, Houston, Jefferson, Latta, Lingo, Mendinhall, Monaghan, Moore, b. C., Moore, T: C., Pe~uewil}, Reed, Ro~e. Smith, Sp:;i.rk~,Stjrlf P.~'. Conner , 17. Nays-None. So the question ~as deddeq. in the affirmative, aµd the joint resobtion havip.g receiv-ed the requireµ toµgtitutional majority, "vas declared adopted. Ordered to the llou'.$E:for concurrente.' ' • ' ,! ' ' 14r. Lewis Clerk of the House being admitted infornJe~ tlie Se11:;i.tethat the House had . concurred iti tlie. following.Jofot Resolution. · · · · · · · · · · · S. Joint Resolution No. 1-Fixing the date for the adjourn­ ment sine die of 'the Spec~al Session of the General Assembly. 29 The Resolution was later reported from the enrolling com­ mittee as duly and correctly enrolled and ready for the signature of the President of the Senate and Speaker of the House. Being signed by the President of the Senate was ordered to the House to be signed by the Speaker of the House. Mr. Lewis being admitted returned to the senate the. following duly and correctly enrolled Senate Joint Resolution, the same having been signed by the President of the Senate and Speaker of the House. S. Joint Resolution No. 1-Fixing the date for the adjourn­ ment sine die of the Special Session of The General Assembly. On motion of Senator Sparks the Special Session of the Gen­ eral Assembly adjourned sine die at 5.30 o'clock P. M. December 30th 1904.

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Beginning of Session on Tuesday January 3rd, 1905, 12.05 o'clock, P. M, Lieutenant Governor Cannon in Chair, as president of Senate. Prayer by Rev. G. 1'. Smith. Members present-Messrs. Barnard, Boyce, Connet, Itous• ton, Jefferson, Latta, Lingo, Mendinhall, Monaghan, Moore, D. 0,, Moore, T. C. Peri.newill, Reed, Rose, Smith, Sparks, Stirling. On motion of Senator Pennewill Senate proceeded to elect by ballot President Pro tempore. Senator Moore, T. C., nominated Alvin B. Conner. Senator Mendinhall nominated George W. Sparks. Senator Monaghan nominated David C. Rose. On motion of Senator Monaghan nomination closed. President of Senate appoints Senators Moore, T. C. and Monaghan tellers. Ist Ballot-Conner 7, Rose 7, Sparks 3; no eiect1011. 34 2nd BaIIot-Conner 7, Rose 7, Sparks 3; no election. 3rd Ballot-Conner 7, Rose 7, Sparks 3,: no election. 4th Ballot-Conner 7, Rose 7, Sparks 3; no election. 5th Ballot-Conner 7, Rose 7, Sparks 3,; no election. 6th Ballot--Conner 7, Rose 7, Sparks 3; no elcetion.

On motion of Sena.tor Pennewill Senate takes recess until 2 P. M. same day.

Same day, Tuesday, January 3,nl, 1905, 2 o'clock, P. M. Senate met pursuant to recess. Members present-Messrs. Barnard, Boyce, Conner, Hous­ ton, Jefferson, Latta, Lingo, Mendinhall, Monaghan, Moore, D. 0., Moor.e, T. C., Pennewill, Reed, Rose, Smith, Sparks, Stirl,.­ ing. 7th Ballot-Conner 7, Rose 7, Sparks 3,; no election. 8th Ballot-Conner 7, Rose 7, Sparks 3,; no election. 9th Ballot-Conner 7, Rose 7, Sparks 3; no election. 10th Ballot-Conner 1, Rose 7, Sparks 3; no election.

I rth Ballot-Conner 7, Rose 7, Smith 3,; no election. 12th Ballot-Conner 7, Rose 7, Sparks 3,; no election. On motion of Senator Pennewill Senate: takes recess nntil n A. M. next day January 4th, 1905.

Wednesday January 4th, r905, rr.3,0 o'clock., A. M. Senate met pursuant to recess. Prayer hy Rev. G. T. Smith. Members present-Messrs. Barnard, Boyce, Conner, Hous,­ ton, Jefferson, Latta, Lingo, Mendinhall, l')fonaghan, Moore, D. 0., Moore, T. C., Pennewill, Reed, Rose, Smith, Sparks, Stirl­ ing. 13,th:Ballot-Conner 7, Rose 7, Sparks 3,; no election. 14th Ballot-Conner 7,. Rose 7, Sparks 3.; no, election.

r 5th Ballot-Conner 7 ,, Rose 7, Sparks,. 3 ~ no election. 35

J: 5th Ballot-Conner 7, Rose 7, Sparks 3; 110 election. 1:7th Ballot-Conner 7, Rose 7, Sparks 3; no election. 18th Ballot-Conner 7, Rose 7, Sparks 3; no election.

On motion of Senator Rose Senate takes recess until 2 P. M. same day. · Same day Wednesday January 4th 190.5, 2 o"clock P. M. Senate met pursuant to recess. Members present-Messrs. Barnard, "Boyce, Conner, Hous­ ton, Jefferson, Latta, Lingo, Mendinhall, M011aghan, Moore, D. 0., MOOTe,'I\ C., Pennewill, Reed, Smith, Sparks, Stirling. 19th Tutlrot:-Conner 7, Rose 7, Sparks 3; tro elcetion. 20th Ba11ot:-Conner 7., Rose 7, Sparks 3; no election. 21st BBllot:-L'onner 7, Rose 7, Sparks 3; no election. 22nd Ballot-Oohne- 7, Rose 7, Spm.ks 3; no election. President of Senate appoints Mr. Lang ro act as temporary cusoodian 'Of Senate Chamber and l;obby.

On motion of Senat.>or'Pennewill Senate takes -recess until 11 A. M. next day. January 5th.

Thursday January 5th, '!905, 11.35 o'clock A. M. Senate met pursuant to recess. Prayer by Rev. G. T. &nth. Members present-Messrs. Barnard, Boyce, Conner, How.­ ton, Jefferson, Latta, Lingo, Mendinhall, Monaghan, Moore, r. 0., Moore,T. C., Pennewill, Reed, Rose, Smith_, Sparks, Stirl­ ing. 23rd Ballot-Conner 7, Rose 7., Sparks 3; no election. 24th Ballot-Conner 7, Rose 7, Sparks 3; no election. 25th Ballot-Conner 7, Rose 7, Sparks 3; no election. :26th Ballot-Conner 7, Rose 7, Sparks 3; no election, Senator Sparks moves Senate take recess for 15 minutes, which motion prevailed. 36 On motion Senator Sparks the Senate resolved into commit­ te:: of the whole and further on his motion Senator Moore. T. C., was made chairman of committee of the whole. Senator Moore: announced pairs such pairs to continue in effect untitMonday;)anuary 9th. At expiration of rceess Senate reassembles.

On motion of Senator Sparks Senate takes recess until 11 A. M. next day.

Friday January 6th, 1905, rr.05 o'clock, A. M. Senate met pursuant to recess, Senator Rose in Chair. The pairs being absent. Members present-Messrs. Barnard and Mendinhall. The Chair declared there was no quorum. On motion of Senator Barnard Senate takes recess until next day I I A. M. January 7th.

Saturday, January 7th, 1905 n.05 o'clock, A. M. Senate met pursuant to recess. Senator Rose in Chair and the pairs being absent. Members present-Messrs. Barnard, Mendinhall, Rose, Sparks, Stirling. The Chair declared no quorum. On motion of Senator Barnard Senate takes recess until Monday rz m. ,January 9th.

:Monday January 9th, 1905, 12 o'clock, noon. Senate met pursuant to recess. Prayer by the Chaplain Rev. G. T. Smith. Members preseiat-Messrs. Barnard, Boyce, Conner, Hous­ ton, Jefferson, Latta, Lingo, Mendinhall, Monaghan,. Moore, D. 0., Moore, T. C., Pennewill, Reed, Rose, Smith, Sparks, Stirl­ ing. 27th Ballot-Conner 7, Rose 7, Sparks 3; no election. 28th Ballot-Conner 7, Rose 7,. Sparks 3,~ no eleciton. 37 29th Ballot-Conner 7, Rose 7, Sparks 3; no election. 30th Ballot-Conner 7, Rose 7, Sparks 3; no election. On motion Senator Moore T. C., Senate takes recess until 2 P. M., same day. Same day Monday January 9th 1905, 2.45 o'clock, P. M. Senate met pursuant to recess. Members present-Messrs. Barnard, Boyce, Conner, Hous­ ton, Jefferson, Latta, Lingo, Mendinhall, Monaghan, Moore, D. 0., Moore, T. C., Pennewill, Reed, Rose, Smith, Sparks, Stirl­ ing. 31st Ballot~Conner 7, Rose 7, Sparks 3; no election. 32nd Ballot--Conner 7, Rose 7, Sparks; no election .. 33rd Ballot-Conner 7, Rose 7, Sparks 3; no election. 34th Ballot-Conner 7, Rose 7, Sparks 3; no election. 35th Ballot-Conner 7, Rose 7, Sparks 3; no election. 36th Ballot-Conner 7, Rose 7, Sparks 3; no election. 37th Ballot-Conner 7, Rose 7, Sparks 3; no election. 38th Ballot-Conner 7, Rose 7,. Sparks 3; no election . On motion of Senator Rose Senate takes recess until I 1 A. M., January rnth 1905, Tuesday.

Tuesday January rnth 1905, I 1.30 o'clock,A .M. Senate met pursuant to recess. Prayer by the Chaplain Rev. G. T. Smith. Members present-Messrs. Barnard Boyce, Conner, Hous­ ton, Jefferson, Latta, Lingo, Mendinhall, Monaghan, Moore, D. 0., Moore, T. C., Pennewill, Reed, Rose, Smith, Sparks, Stirl­ ing. On motion of Senator Pennewill the following resolution prevailed: Resolved, That the President of the Senate be, and he is hereby authorized, to appoint a committee of three Senators, 38 to act with a like committee of the House, to arrange for the inauguration of the Governor elect. President of Senate appoints Senators Monaghan, Pennewill and Mendinhall to act in accordance with above resolution. 39th Ballot-Conner 7, Rose 7, Sparks 3; no election. 40th Ballot-Conner 7, Rose 7, Sparks 3; no election. On motion of Senator Rose Senate takes recess until 2 P. M. same day. Tuesday January roth, 1905, 2.20 o'clock, P. M. Senate met pursuant to recess. Members present-Messrs. Barnard, Boyce, Conner;, Hous­ ton, Jefferson, Latta, Lingo, Mendinhall, Monaghan, Moore, D. 0., Moore, T. C., Pennewill, Reed, Rose, Smith, Sparks, Stirl­ ing. President of Senate makes the following announcement: "I as President of the Senate-will appear in the Hall of the House of Representatives attended by the Senate on Thurs­ day next, January the 12th, 1905, at i1 o'clock in the forenoon, to open and publish the returns of the election for Governor and Lieutenant Governor, held on the Tuesday next after the first Monday in the month of November last in accordance with the provisions of the Constitution of the State in that behalf." On motion of Senator Smith this announcement was placed upon the journal: On motion of Senator Sparks the privileges of the Senate Chamber were extended to the Committee on Inauguration, immediately after the closing of the session on the day of inaug­ uration Tuesday, January 17th 1905. On motion of Senator Smith, Josiah Marvel, Esq, on behalf of the Wilmington Board of Trade was accorded the privileges of the floor of the Senate. Mr. Marvel extended an invitation to the Senate as a body to be the guests of the Wilmington Board of Trade on Friday January 27th, 1905. On motion of Senator Rose a vote of thanks was tendered Mr. Marvel on behalf of the Board of Trade. 39 41st Ballot-Conner 7, Rose 7, Sparks 3; no election. 42nd Eallot-Conner 7, Rose 7, Sparks 3; no election. On motion of Senator Conner Senate takes recess until r r A. M., next day January rrth, 1905.

Wednesday January rrth 1905, r r.20 o'clock, A. M. ::'. Senate met pursuant to recess. Prayer by the Chaplain Rev. G. T. Smith. Members present--Messrs. Barnard, Boyce, Conner, Hous­ ton, Jefferson, I..,atta, Lingo, Mendinhall, Monaghan, Moore, D. 0., Moore, T. C., Pennewill, Reed, Rose, Smith, Sparks, Stirl­ ing. 43rd Ballot-Conner 7, Rose 7, Sparks 3; no election. 44th Ballot-Conner 7, Rose 7, Sparks 3; no. election. 45th Ballot-,-Conner 7, Rose 7, Sparks 3; no election. 46th Ballot-Conner 7, Rose 7, Sparks 3; no election. 47th Ballot-Conner 7, Rose 7, Sparks 3; no election. 48th Ballot-Conner 7, Rose 7, Sparks 3; no election. 49th Ballot-Conner 7, Rose 7, Sparks 3; no election.

On motion Senator Conner Senate takes recess until IO A. M. next day January 12th, 1905.

Thursday January 12th 1905, ro.55 o'clock A. M. Senate met pursuant to recess. Prayer by the Chaplain Rev. G. T. Smith. Members present-Messrs. Barnard, Conner, Houston, Jefferson, Latta, Lingo, Mendinhall,' Monaghan, Moore, T. C., Pennewill, Reed, Rose, Smith, Sparks, Stirling. Senators Moore, D. 0., and Boyce absent. 50th Ballot-Conner 6, Rose 6, Sparks 3; no election. 51st Ballot-Conner 6, Rose 6, Sparks 3; no election. 40 Pursuant to the following announcement previously made the Senate retired to the House of Representatives. ''I as President of the Senate will appear in the Hall of the House of Representatives attended by the Senate on Thursday next, January the 12th, 1905, at II o'clock in the forenoon, to open and publish the returns of the election for Governor and Lieutenant Governor, held on the Tuesday next after. the first Monday in the month of November last in accordance with the provisions of the Constitution of the State in that behalf." Hall of the House of Representatives,

Thursday, January 12, A. D. 1905. The members of both Houses of the General Assembly be - ing present the roll of the Senate was called by the temporary Clerk and the following Senators were present and answered to their names : Messrs. Barnard, Conner, Houston, Jefferson, Latta, Lingo, Mendinhall, Monaghan, Moore T. C., Pennewill, Reed, Rose, Smith, Sparks, Stirling and the President of the Senate. The roll of the House was then called by the temporary Clerk of the House, and the following Representatives were present and answered to their names: Messrs. Abbott, Armstrong, Baggs, Bennum, Benson, Cooper, Davis, Eastburn, Ellis, D. W., Garrison, Hanby, Hart, Jester. Lingo, Lyons, Mahoney, Marshall, Meredith, W. S., Miller, Murray, McGinnis, Pennington, Prettyman, Sevier, Smith, Stafford, Stevenson, Townsend, Wilson and Wright. The President of the Senate announced that he had present the returns of the last General Election for Governor and Lieutenant Governor, respectively. - On motion of Senator Conner twq tellers were appointed, and the President of the Senate, appointed Senator Mendinhall of the Senate and Mr. Benson of the House. The President of the Senate thereupon opened and published the returns of the General Election in the several Counties, for Governor and Lieutenant Governor respectively. from which it appears that on the Tuesday next after the first Monday in the month of November A. D. 1904, there were given for the office of Governor: 41, FOR PRESTON LEA. In New Castle County ...... 12,086 votes. Jn Kent County ...... ·4,564 votes. In Sussex County ...... 5,882 votes.

Total . • ...... 22,532 votes; FOR CALEB S. PENNEWILL. In New Castle County ...... 11,511 votes. In Kent County . • . 3,835 votes. In Sussex County . . . 4,434 votes.

Total ...• 19,780 votes.· FOR JOHN R. PRICE. In New Castle County .. • • 329 votes. In Kent County . . . . 1,015 votes. :1n Sussex County . . . 154 votes.

;Total .. • . 588 votes. FOR WILLIAM F. LYNCH. ln New Castle County . . votes. In Kent County . . . votes. In Sussex County ·. . votes.

Total .• . .. votes. FOR GUSTAVE REINICKE.

· 1n New Castle County . • 131 votes. ,,~n Kent County, . . .. votes. In Sussex County . . ... votes.

Total .. • • 131 votes. FOR JOSEPH H. CHANDLER.

'~InNew Castle County . • 802 votes. J';;ln Kent County . . ... votes. 1(.lnSussex. County . . .. votes.

Total ...... 802 votes. 42 TOTAL VOTE FOR GOVERNOR. For Preston Lea ...... 22,532 votes. For Caleb S. Pennewill ...... 19,780 votes. For John R. Price . . . · . . 588 votes. For William F. Lynch . ·...... votes For Gustave Reinicke ...... 131 votes. For Joseph H. Chandler . . . , . 8o2 votes.

Plurality for Preston Lea . . . 2,752 votes. And from which returns it further appe ars that on the said Tuesday next after the first Monday in the month of November · A. D. 1904, there were given for the office· of Lieutenant Gov- , ernor: FOR ISAAC THOMAS PARKER. In New Castle County ...... 12,978 votes. In Kent County . . · . 4,594 votes. In Sussex County . . 5,891 vote~.

Total .. . 23.463 votes. FOR JAMES R. CLEMENTS. fa New Castle County ...... II,383 votes. In Keat County . . . 3,797 votes. In Sussex County . . 44,24 votes.

Total ...... 196,04votes. FOR THOMAS PERRY. In New Castle County . . 341 votes. In Kent County .. . 114 votes. In Sussex Cotmty . . 159 votes.

Total ...... 6n votes. FOR PAUL SHEULER. In New Castle County . . . 133 votes. In Kent County . . . votes. In Sussex County . . .. votes.

Total ...... 133 votes. TOTAL VOTEFOR LIEUTENANT GOVERNOR. For Isaac Thomas Parker ...... · .... 23,463 votes. 43 For James R. -Clements ...... 19,604 votes. For Thomas Perry ...... 611 votes. For Paul Scheuler ...... 133 votes.

Plurality for Isaac Thomas Parker . . 3,859 votes. . Senator Sparks moved that the certificates assigned and attest­ ed be read, which motion was seconded by Senator Monaghan which motionprevailed. And they were read as follows: State of Delaware S. S. Be it known, that the General Assembly having met at Dover, the President of the Senate, on the Twelfth day of January, in the year of our Lord one thousand nine hundred and :five, (1905), did open and publish in the presence of the members of the Senate and House of Representatives, according to the provisions of the Constitution of the said State, the re­ turns of the election, held in the several Counties of the said State, on the Tuesday next after the first Monday in the month of November A. D. 1904, for Governor, and by the said returns it appears that Preston Lea was at said Election on the Tuesday next after the :first Monday in the month of November A. D. 1904, duly chosen Governor of the State of Delaware accotding to the Constitution and Laws of the State, to hold the said office of Governor during the four years from the Third Tuesday of January in the year pf our Lord one thousand nine hundred arid five (1905), agreeably to the said Constitution. PHILIP L. CANNON, President of the Senate. WII.LIAM H. BAGGS, Temporary Speaker of the House of Representatives. Attest: Remsen C. Barnard, - Temporary Clerk of the.Senate. John P. Armstrong. Temporary Clerk of House of Representatives. State of Delaware S. S. Be it known, that the General Assembly having met at Dover, the President of the State. on the Twelfth day of January, in the yea,r of our Lord, on~ · tliousand nine , hundred and five, (1905), did open and publish in the presence of the ·•embers of the Senate and HQuse of Representatives, according. to the provisions of the Constitution of the said State, the re- 44 turns of the election, held in the several Counties of the said ~3tate on the Tuesday next after the first Monday in the month of November A. D. 1904, for Lieutenant Governor, and by the said returns it appears that Isaac Thomas Parker was at said Election on the Tuesday next after the first Monday in the month of November A., D. 1904, duly chosen I,ieutenant Gover­ nor of the State of Dlaware, according to the Constitution and Laws of the State, to hold the said office of Lieutenant Governor during the four years from the third Tuesday of January in the y ~ar of our Lord one thousand nine hundred and five (1905), agreeably to the said Constitution. PHILIP L. CANNON. President of the Senate. WILLIAM H. BAGGS, Temporary Speaker of the House of Representatives. Attest: Remsen C. Barnard. Temporary Clerk of the Senate. John P. Armstrong, Temporary Clerk of the House of Representatives.' Senator Sparks moved that the Journals be read and com· pared. Which motion prevailed. The Journals were then read a:1d approved. Mr. Abbott moved that the two Houses now sep­ erate. Which motion was seconded by Senator Monaghan and the motion prevailed,, And the Houses separated at I 1.42 A. M. Senate reassembles upon adjournment of Joint Session at 11.45 A. M. same day. 52d Ballot-Conner 6, Rose 6, Sparks 3; no election.

On motion of Senator Conner Senate makes recess until 1 I A. M. next day January 13th.

Friday January 13th 16o.5, rr.40 o'clock, A. M. Senate met pursuant to recess. Prayer by the Chaplain Rev. G. T. Smith. Members present-Messrs. Barnard Conner, Houston, Jefferson, Latta, Lingo, Mendinhall, Monaghan, Moore, T. C., Pennewill, Reed, Rose, Smith, Sparks, Stirling. Senators Moore, D. 0,. and Boyce absent. 53d Ballot-Conner 6, Rose 6, Sparks 3; no election. 45 54th Ballot-Conner 6, Rose 6, Sparks 3; no election. 55th Ballot-Conner 6, Reise 6, Sparks 3; no election. On motion of Senator Conner Senate takes recess until 2 P. M. same day. Friday January 13th, 1905, 2.30 o'clock, P. M. Senate met pursuant to recess. On motion of Senator Sparks Senate takes recess until 3 P. M. same day. Senate reassembles at 3. ro P. M. same day. On motion of Senator Conner the Senate resolved unto com­ mittee of the whole and after pai1ing, committee of the whole be­ ing dissolved Senate reassembles: On motion of Senator Conner the Senate takes recess until II A. M. next day.

Saturday January 14th, 1905, r r o'clock, A. M. Senate met pursuant to recess. Senator Rose in Chair. Pairs absent. Members present-Messrs. Barnard, Rose. Chair decided no quorum. On motion Senator Barnard Senate takes recess until A. M. II Monday January 16.

Monday January 16th, 1905 11.15 o'clock, A. M. Senate met pursuant recess. Prayer by the Chaplain G. T. Smith. Roll called. Members present-Messrs. Barnard, Boyce, Conner, Houston, Jefferson, Latta, Lingo, Mendinhall, Mona­ ghan, Moore, D. 0., Moore, T. C., PennewillReed, Rose, Smith, Sparks, Stirling. 56 thBallot-Conner 7, Rose 7, Sparks 3; no election. 57th Ballot-Conner 7, Rose ·7, Sparks 3; no election. 58th Ballot-Conner 7, Rose 7, Sparks 3; no election. 59th Ballot-Conn'er 7, Rose 7, Sparks 3; no election. 46 60th Ballot-Conner 7, Rose 7, Sparks 3; no election. 61st Ballot-Conner 7, Rose 7, Sparks 3; no election. 62nd Ballot-Conner 7, Rose 7, Sparks 3 ;=no election. 63rd Eallot-Conner 7, Rose 7, Sparks 3; no election. 64th Ballot-Conner 7, Rose 7, Sparks 3; no election. On motion of the President of the Senate a communication from Francis I. Dupont was presented and read, inviting the Senate to attend a public meeting in Wilmington. On motion of Senator Monaghan the invitation was accepted. 65th Ballot-Conner 7, Rose 7, Sparks, 3; no election. 66th Ballot-Conner 7, Rose 7, Sparks 3; no election. 67th Ballot-Conner 7, Rose 7, Sparks 3; no election. 68th Ballot-Conner 7, Rose 7, Sparks 3; no election. Qn motion of Senator Sparks Senate takes recess until 1.30 P. M. same day. Monday January 16th, 1905, 2.30 o'clock P. M. Senate met pursuant to recess. 69th Ballot-Conner 7, Rose 7, Smith 3; no election. 70th Ballot-Conner 7, Rose 7, Sparks 3; no election. 71st Ballot-Conner 7, Rose 7, Sparks 3; no election. 72nd Ballot-Conner 7, Rose 7, Sparks 3; no election. 73rd Ballot-Conner 7, Rose 7, Sparks 3; no election. 74th Ballot-Conner 7, Rose 7, Sparks 3; no election. 75thBallot-Conner 7, Rose 7, Sparks 3; no election. 76th Ballot-Conner 7, Rose 7, Sparks 3; no election.

77th Ballot-Conner 71 Rose 7, Sparks 3; no election. 78th Ballot-Conner 7, Rose 7, Sparks 3; no election. 79th Ballot-Conner 7, Rose 7, Sparks 3; no election. I Mr. Lewis Clerk of House is admitted bearing the following resolutions: .47 Resolved: By the House of Representatives that the Senate , be requested to meet with them in Joint Session Tuesday Janu­ ary 17th, 1905, at 11.30 A. M. for the purpose of attending the inauguration of the Governor. Be it resolved by the House of Representatives, that the Clerk of the House is instructed to notify the Senate that the House is duly and regularly organized and has elected William D. Den­ ny Speaker, and Thomas S. Lewis Clerk, and is ready to pro­ ceed to business. On motion of Senator Sparks these resolutions were accepted. 80th Ballot-Conner 7, Rose 7, Sparks 3; no election. 81st Ballot-Conner 7, Rose 7, Sparks 3; no election. 82nd Ballot-Conner 7, Rose 7, Sparks 3; no election . .83rd Ballot-Conner 7, Rose 7, Sparks 3; no election. 84th Ballot-Conner 7, Rose 7, Sparks 3; no election. 85th Ballot-Conner 7, Rose 7, fpa1ks 3; no election.

On motion Senator Sparks Senate takes recess until IO A. M. January 17th, 1905.

Tuesday January 17th, 1905, 10.40 o'clock,A. M. Senate met pursuant to recess. Prayer by Rev. G. T .. Smith. Members present-Messrs. Barnard, Boyce, Conner, Hous­ ton, Jefferson, Latta, Lingo, Mendinhall, Monaghan, Moore, D. 0., Moore, T. C., Pennewill, Reed, Rose, Smith, Sparks, Stirl­ ing. ' On motion Senator Smith the following resolution was adopted. . WHEREAS, the constitutional term of office of the Lieu­ ,$\enantGovernor and President of the Senate will soon expire; ·;and WHEREAS, it seems fitting and proper that some expres­ laionof the confidence and esteem in which he is held by the 'members of this body should be manifested; Ii" ' 48 THEREFORE BE IT RESOLVED by the Senate that the thanks of this house are tendered to the Honorable Philip L. Cannon, Lieutenant Governor of the State of Delaware and .President of the Senate, for the able, impartial, di~ni:fied and conscientious manner in which he has presided over Its delibera• tions and performed .the arduous and exacting duties of the Chair during this ~ession of the Senate. On motion of Senator Moore, T. C., Lieutenant Gov~rnor Parker was sworn in by Honorable James Pennewill, Associate Judge, with the following oath: The State of Delaware, } s Sussex Cot1:nty, s. I, lsaac Thomas Parker, do solemnly swear ~hat I will. sup­ port the Constitution of the United States, and the Constitution of the State of Delaware, and that I will faithfully discharge the duties of the office of Lieutenant Governor of the State of Dela- ware, according to the best of my ability; -· And I do further solemnly swear that I have not directly or indirectly paid, offered or promised to pay, contributed, or offered or promised to contribute, any money or other valuable thing as a consideration or reward for the giving or withholding a vote at the election at which I was elected to said office. ISAAC THOMAS PARKER. Sworn and subscibed to before me this _seventeenth day of January, in the year of our Lord one thousand nine hundred and five (1905). JAMES PENNEWILL, [seal.] Judge. The Lieutenant Governor after being sworn in addressed the Senate as follows: Gentlemen of the Senate of the State of Delaware, I esteem it a great honor to have been elected Lieutenant Governor of this Commonwealth especially as the duties of that office :qiake me Pre~ident pro tempore of this honorable body. · With this honor I realize there comes great responsibilities. Wh(!n I feel that in the performance of the duties thus placed upon me there is much for me to learn. I feel that I shall need your co-operation in the discharge of my duties. 49 · .There will no· doubt be important matters of legislation introduced during this session of the Gen.era! Assembly that will be of interest to the State of Delaware. · I trust that the laws enacted. during this Session will be of great benefit to the State and a credit to those participating in it. And when this Session shall close it may be said of a truth that it has been one of the best in the enactment of wholesome laws that has ever been held in the State of Delaware. . . On motion of Senator Sparks Senate takes recess until 11 .25 then to reconvene in pursuance to resolution previously adopted.

'tuesday January 17th, 1.30 o'clock A. M. Senate and House met pursuant to res~lution. On motion of Senator Sparks the roll was called of both houses. Senate mebmers present: Messrs. Ba:rnard, Boyce, Conner, Houston, Jefferson, Latta, Lingo, Mendinhall, Monaghan, Moore, D. 0., Moore, T. C., Pennewill, Reed, Rose, Smith, Sparks, and Stirling. - House members present: Messrs. Abbot, Armstrong, Beu­ num, Benson, Cooper, Davis, Denney, Eastburn, Ellis,· D. W., Ellis, E. P., Garrison, Hanby; Hart, Jester, Lingo, Lyons, Mahoney, Marshall; Meridith, W. S., Meredith, J. G., Messkk Miller, Murray, McGinpis, Pennington,. Prettyman, Sevier, Smith, Stafford, Stevenson, Townsend, Vandenburg, Wilson, Wright. On motion of Senator Moore, T. C., the Joint Assembly proceeded to the Opera House. JOINT MEETING. Joint meeting for the purpose of attending the inauguration of Preston Lea Governor elect: The hour having arrived for the Joint meeting in pursuance of resolution the members of the two houses, preceded by the President of the Senate and the Speaker of the House and ac­ companied by their clerks and sergeants-at Arms, proceeded to ·the Opera House. The. General Assembly being thus convened. The Governor elect attended by the joint committee of the two Houses and by Honorable William H. Boyce, Honorable Jam.:s Pennewill, Honorable C. R. Layton, Honorable J. R. NicholsoJ., 50 Governor Hunn and Staff, Honorable J. Frank Allee, Honorable J. L. Cahall, Honorable L. H. Ball, Rev, L. E. Barrett and others were ushered upon the platform and the inaugural cere­ monies were conducted as follows: Prayer was offered by Rev. L. E. B~rratt On motion of Senator Sparks the resolution convening the two Houses was read by the Clerk of the Senate, as follows: Resolved: By the House of Representatives that the Senate be requested to meet with it in joint Session Tuesday January 17th 1905, at rr.30 o'clock A. M., for the purpose of attending the inauguration of the Governor. Honorable W. C. Spruance Associate Judge then admin­ istered the following oath of office to the Governor elect. The State of Delaware, ·1 Kent County, ss. I, Preston Lea, do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Delaware, and that I will faithfully discharge the duties of the office of Governor of the State of Delaware, according to the best of my ability; And I do further solemnly swear that I have not directly or indirectly paid, offered or promised to pay, contributed, or offered or promised to contribute. any money or other valuable thing as a consideration or reward for the giving or withholding avote at the election at which I was elected to said office. PRESTON LEA . .Sworn and subscribed to before me this seventeenth day of January, in the year of our Lord one thousand nine hundred and five (1905). · W. C. SPRUANCE, J. Governor Lea then delivered his inaugural address as fol­ lows: Senators and members of the House of Representatives and my fellow citizens: In pursuance to the provisions of the Constitution of the State of Delaware, I today assume the duties of its Chief Execu­ th-e. I enter upon the discharge of the duties of my high office, having-made no pledges and nnder obligations to no one, save those 51 due my party as such, fully determined to perform my officiJl duties for the best interests of the whole people of the State, assured thereby that I will serve my party best. The Constitt - tion of the United States guarantees "To every State in this Union a. Republican form of government''; under· that form cf government political parties must exist. The officials chosen. by the will of the people are entrusted with the duty of faithful}y administering the affairs and business of the State. No person ,by himself, or jointly with others, shall defeat the will of th people of this State expressed in the constitutional way by the ballot. It is by the will of the people, so expressed, that I am Governor of the State, and under Providence, will be such for my full term. ELECTIONS. . The provisions of our Constitution are str'ngent and ample to prevent corruption at elections and protect the purity of the ballot, and if rigidly enforced as therein provided preserve· ur - contaminated the source of political power and enable each quali­ . fied voter to discharge as a sacred trust that duty. The provisions of the Constitution and all laws requirihg the payment of money as a qualification to vote, should be abolished. It is repugnant to our form of government that any elec'.o: should be compelled to purchase the right to vote. The ballot, now provided for the voters of this State, is not adapted to the common knowledge of our people, complicated and expensive, and does not furnish a plain, simple and easy means for our electors to vote as they may desire; a plain and simple ballot, that would enable each elector to choose and vote for the . candidate of his .own selection, should be provided. All special elections should be certified and ascertained, in the same manner as provided for the general elections, by the Superior Court. FINANCES. It appears that the present revenUtS of the State are suffici­ ent to meet its present expenses. Any extensive decrease of the present revenues would additional taxation or a reduction of ex­ penditures. Any substantial increase of the present ex:pendi- . tures would require like additional taxation. I intend, so far as possible, to keep its expenditures without its revenues. Our . State is small, principally agricultural and its sources of revenue · limited, it is therefore compelled to carefully keep its expenses 52 res'ricted. Realizing, that these conditions demand honest and ec):10mical management of the affairs of the State, I assure you that they shall be so managed in so far as I can accomplish it. As the State spends large sums of money for the purchase of supplies, including stationery, printing, paper, fuel, binding books, repairs and other matters. the General Assembly should without delay provide by general law for carrying into effect the provisions of the Constitution, i. e. · "That all supplies shall be furnished under contract to be given to the lowest responsible bidder, after due advertisement; a 1d under proper safe guards arid restrictions; and that the open­ i ag of all such bids should be in public." By having the supplies so furnished, large sums of money would annually be saved to the Sta.te. The management of all $tate Institutions should be careful­ ly scrutinized, so that their expenditur~s should not exceed thefr income, and that the State should appropriate to any of them money not· actually needed. By this l do not mean to be under­ stood that the State not provide sufficient meaiis for its unfor­ tunate wards, but do mean that it should not be extravagant in making such appropriations. All public officials should honestly and economically admin­ ister their offices; should faithfully account for all public money coming into their hands. and should have their accounts proper­ ly audited. No public official should' receive any money from the State for services unperformed. . All public officers for their services in office, should be paid fixed salaries in lieu of all fees; should collect and pay over all such fees for and to the State or County, as the case may be, and be r~quired to give bond to faithfully account for .the same. GOOD ROADS. Every community, especially rural communities, need the best method of transportation available for pleasure and for economically marketing its products. Much has been written and spoken on the subject of good roads, very little of it, how­ ever, will aid us in the solution of this very important and vital question in Delaware. Our natural ·conditons are peculiar. The upper part of New Castle County has an abundance of ma­ terial required for the building of improved stone highways, .53 while all other portions of the State have no such material. If stone roads are te be built in lower New Castle County, in Kent and Sussex Counties, the expense is almost if not quite so, prohibitive tinder the existing conditions of their finances. A large sum of money is raised annually by taxation in each County for road purposes, and is expended by the various offici­ als of the several Hundreds, not for permanent, but for tempor­ ary good roads. This, to a large extent, is a waste of money. . . . All money raiser! by taxation for road purposes, and all money appropriated therefor, should be most economically ex­ pended, by, or under the direction of some competent person or persons duly appointed, in the construction and· ma.intenance of our roads ·in accorclance with a general and uniform system, suitable and adapted to each community. Uniformity should be not only established but m:lintained in each community. . Our State should act cautiously ih this matter and avail it­ self of all valuable information on the subject. A competent and thorough investigation should be made on the subject by a commission appointed for this purpose and to report as soon as possible. lam ceonfident that such.a commission can be procured by the State without cost, as there are so many public spirited citizens of our State. deeply . concerned on this question, who would willingly devote their time to it without pay. NATIONAL GUARD. Every encouragement be given to our citizen soldiers and I would therefore recommend that adequate appropriations be made for the maintetiance, instruc~ion and discipline of the militia in order that it can be kept up, to the highest state of efficiency. TUBERCULOSIS. Throughout this State, and especially in cities and towns, many persons are afflicted with tuberculosis, heretofore known as consumption, now called the "White Plague", and is con­ tagious. It is now established that if this disease is taken for treatment in its first stages it is curable. The State has provided at Farnhurst, a building with appli· ances for the treatment and cure of insane persons afflicted with this disease, I think it the duty of the State to provide a build­ ing or buildings with physicians and appliances adapted for the treatment of this disease, where any of its people so afflicted may be segregated and treated; where those who have the means · 54 to pay expense thereof may be allowed to go and where those who are unable to pay for such ~eatment may be cared for at public expense; in order to relieve those afflicted and prevent the ir!crease of this dread disease. CONCLUSION. While. our State is small, both in area and population, the importance of its affairs are not thereby diminished. The duties of my office therefore demand of us as much fidelity to the people · in their discharge as to those of any sister State in the Union. I appreciate this and consider that the Government of th'e State of Delaware is not a play.thing nor is it to be used in the interest or the advancement of any individual or set of individuals; while our affairs may be small, compared with those of other States, for that reason, among others, you are entitled to the most efficient and faithful administration of those affairs. Under the oatq, I have taken here and now promise you to perform the duties of Governor_:the highest office in the gift of the people of this State-in the best interest of the State as I understand it and in the best ineterest of the whole people. And I sincerely ask your assistance and support to help me keep this promise. At the conclusion of the address· of the Governor, Senator Monaghan of the Senate moved that the Journals of the two houses be read and compared. Which motion prevailed. The benediction was then pronounced by Rev. G. T. Simth. On motion of Senator Moore, T. C., two houses separated. On motion of Senator Sparks the Senate takes recess until II A.M. next day. ·

Wednesday January 18th 1905, II o'clock, A. M. Senate met pursuant to recess , Lieutenant Governor Parker presiding. , Prayer by Rev. G. T. Simth. Roll called. Membes present-Messrs. Barnard, Bocye, Conner, Houston, Jefferson, Latta, Lingo, Mendinhall, Monag­ han, Moore, D. 0., Moore, T. C., Reed, Rose, Smith, Sparks, Stirling.

86th Ballot-Conner 6, Rose 7, Sparks 2, Mendinhall I; no election. · 55· 87th Ballot-Conner 6, Rose 7, Sparks 2, Mendinha11 I; no election. 88th Ballot-Conner 7, Rose 7, Sparks 2, Mendinhall I; no election.

89th Ballot-Conner 7, Rose 7, Sparks 2, Mendinhall I ; no election. · 90th Ballot-Conner 7, Rose 7, Sparks r, Mendinhall 2; no election. 91st Ballot-Conner 7, Rose 7, Mendinhall 3; no election. 92nd Ballot-Conner 7, Rose 7, Mendinhall 3; no election. 93rd Ballot-Conner 7, Rose 7, Mendinhall 3; no election. 94th Ballot-Conner 7, Rose 7, Mendinhall 3; no election. 95th Ballot-Conner 7, Rose 7, Mendinhall. 3; no election . 96th Ballot-Conner 7, Rose 7, Mendinhall 3 ; no election. 97th Ballot-Conner 7, Rose 7, Mendinhall 3; no election. On motion of Senator Conner Senate takes recess untli 2 P. M. same day. Same day 2 o'clock P. M. Senate met pursuant to recess. Roll called. Members present-Messrs. Barnard, Boyce, Conner, Houston, Jefferson, Latta, Lingo, Mendinhall, Mona­ ghan, Moore, D. 0. Moore, T. C., Pennewill, Reed, Rose, Smith, Sparks, Stirling. 97th Ballot-Conner 6, Rose7 , Mendinhall 3; no election. 98th Ballot.:_Conner 6, Rose 7, Mendinhall 3; no election. 99th Ballot-Conner 6, Rose 7, Mendinhall 3; no election. roo Ballot-Conner 6, Rose 7, Mendinhall 3; no election. 101 Ballot-Conner 6, Rose 7, Mendinhall 3; no election. 102 Ballot-Conner 6, Rose 7, Mendinhall 3; no election. 103 Ballot-Conner 6, Rose 7, Mendinhall 3; no election. 104 Ballot-Conner 6, Rose 7, Mendinhall 3; no election. 56 105 Ballot-Conner 6, Rose 7, Mendinhall 3.; no election. 106 Ballot-Conner 6, Rose 7, Mendinhall 3; no election. 107 Ballot-Conner 6, Rose 7,~Mendinhall 3; no election. 108 Ballot-Conner 6, Rose 7, Mendinhall 3; no election. 109 Ball?t-Conner 6, Rose 7, Mendinhall 3; no election. no Ballot---Conner 6, Rose 7, Mendinhall 3; no election. 111 Ballot-Conner 6, Rose 7, Mendinhall 3; no election. Senator Boyce presented the following invitation. Dover, Delaware, January 16, 1905. Senator Boyce, Dover, Delaware. Dear Sir: Hqnorable Charles Wright, President of the Peninsula Horticultural Society, wishes to exte~d, through you an inyitation to the Senate to attend the annual meeting of the Society at Seaford, Tuesday, Wednesday, and Thursday of this week. 1 hope that the invitation can be accepted for one after­ noon at least. Very truly yours. WESLEY WEB:13, Secretary. On motion of Senator Rose the invitation was accepted by as many as could conveniently attend. 112 Ballot-Conner 6, Rose 7, Mendinhall 3; no election. Senator Sparks presented the following invitation. NEW CENTURY CLUB. Wilmington, Ddaware, January 16, 1905. Honorable John M. Mendinhall. Dear Sir:-Enclosed please find copy of the proposed new School Charter for the City of Wilmington, endor~ed by the New Century Club. We ask your careful consideration of its provisions, which are in accordance with the modern. laws now in successful operation in many of our American cities. A public ~e~ting in its interests, and also in the interests of the Rural Consolidated School System, will be held in the Dover Century Club house on Thursday, January ninteenth at 57 2.30 P. M. Addresses will be made by H. H. Ward, Esq., J. P. Nields, Esq., and the County Superintendents, Messrs. A. R. Spaid, J. E. Carroll and J. D. Brooks. You are especi­ ally invited to be present .. Very repsectfully, . . . MRS. A. D. WARNER, Chairman of Committee on Education, New Century Club of Wilmington. Thursday, Jauary 9, 1905, 11 o'clock, A. M. Senate met pursuant to recess. Prayer by Rev. G. T. Smith. Roll called. Members present-Messrs. Barnard, Boyce, Conner, Mendinhall, Moore, D. 0., Moore, T. C., Pennewill, Reed, Rose, Smith, Sparks, Stirling. On motion of Senator Rose the following invitation was accepted: January 11, 1905. Honorable D. C. Rose, Delaware Senate, Dover, Delaware. V.y dear Senator Rose: I wish. to convey through you to the Senate of Delaware a most cordial invitation to visit Dela­ ware College on Friday the 27th of Jauary. I hope you will impress upon the members that all will be most heartily welcomed. We shall try to see that every one is pleased and Jhat no one shall go away hungry. If you will kindly deliver this invitation you will confer upon me a great favor. I am, Yours very truly, GEORGE A. HARTER, President. On motion of Senator Rose the President appointed Mesrss. Pennewill and Rose a Committee to arrange with a Committee of the House as to the above invitation. On motion of the President the following invitation was accepted. Dover, Delaware, January 18th, 1905. Honorable I. T. P.1rker, Lieutenant Governor. My Dear Sir:-At a recent meeting of the Trustees of the Delaware State Hospital at Farnhurst, held (January 5th 1905) a resolution was passed, unanimously requesting the members of 58 the Sta~,Senate to visit the Delaware State Hospital at their eatiiest convenience. Requesting that your Honorable Body will notify the committee the date decided upon for visiting the Institution I beg to remain, Most Truly Yours, J. H. WILSON, Chairman Committee. II3 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. II4 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. II5 Ballot-Conner 5, Rose 5, Mendinhall 3; no election.

I r6 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. r 17 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. r rS Ballot-Conner 5, Rose 5, Mendinhall 3; no election. II9 Ballot-Conner 5; Rose 5, Mendinhall 3; no election. 120 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 121 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 122 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 123 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 124 Ballot-Conner 5, Rose 5, Men

Friday January 20th, 1905, II o'clock, A. M. Senate met pursuant to recess. Prayer by the Chaplain Rev. G. T. Smith. Roll called. Members present-Messrs. Barnard, Boyce, Conner, Latta, Mendinhall, Moore, D. 0., Moore, T. C., Penne­ will, Reed, Rose, Smith, Sparks, Stirling. 133 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 134 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 135 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 136 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 137 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 138 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 139 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 140 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 141 Ballot-Conner 5; Rose 5, Mendinhall 3; no election. 142 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 143 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 144 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 145 .Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 146 Ballot-Conner .5, Rose 5, Mendinhall 3; no election. 147 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 148 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 149 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 150 Eallot-Conner 5, Rose 5, Mendinhall 3; no election. 60 15r Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 152 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 153 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 154 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 155 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. 156 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. On motion of Senator Sparks the following resolution was presented and read: Whereas the Senate has consumed many days in an in­ effectual effort to elect a President pro tempore and Whereas the constitution authorizes the Lieutenant Gov­ ernor, elected by the people, to preside over the sessions of the Senate, and Whereas the constitution further provides that the duties of the President pro-tempore shall be limited to presiding over the sessions of the Senate in the absenceof the Lieutenant Governor and, Whereas the election of a President pro-tempore, is entirely unnecessary as a prerequisite to the complete organization of the Senate, for the transaction of the people's business and no specific time during a biennial session being designated at which such President Pro-tempore shall be chosen, and Whereas the election. of such President pro-tempore may­ lawfully be postponed until the happening of the emergency provided for in the constitution, and Whereas the only requirement for a complete organization of the Senate, under the constitution, for the said purpose of transacting the people's business, is the election of the necessary clerical officers, Therefore, Be it Resolved, that the . Senate suspend action on the election of president pro-tempore and do now proceed to the election of First.-A Clerk of the Senate. Second.-A Reading Clerk of the Senate. Third.-An Enrolling Clerk of the Senate. 61 Fourth.-Such other usual officers as may be required. On motion of Senator Rose action on above resolution was concluded until Monday following. 157 Ballot-Conner 5, Rose 5, Mendinhall 3; no election. On motion of Senator Conner Senate resolves into Com­ mittee of the whole Senator Moore being made Chairman. · After announcing pairs the committee of the whole dissolved. On motion of Senator Conner Senate takes recess until 9 A. M; next day.

Saturday January 21st 1905, 9 o'clock, A. M. Senate met pursuant to recess. Senator Rose in chair declar­ ed no quorum. Roll called. Members present -Messrs. Barnard, Rose. On motion Senator Barnard Senate takes recess until Mon­ day January 23, at II A. M.

· Monday January 23rd 1905, II o'clock A. M. Senate met pursuant to recess. Prayer by the Chaplain Rev. G. T. Simth. . . . Roll called. Members present-Messrs; Barnard, Boyce, Conner; Houston, Jefferson, Latta, Lingo, Mendinhall, Mona­ ghan, Moore, D. 0., Moore,. T. C., Pennewill, Reed, Rose, Smith, Sparks, Stirling. Chair declared resolution previously introduced by Senator Sparks in relation: to organization out of ~rd~r. . On motion of Senator Mendinhall the following invitation :,was formally accepted. Wilmington, Dela\1\Tare,January 17th, 1905. 'to The Honorable, The Senate · of the State of Delaware. Gentlemen:-We would most respectfully invite your Hon­ sbfable Body to visit the New Castle County Workhouse at your (earliest convenience for the purpose of becoming acquainted :~th the conduct and management of said Institution, and to in- ' 62 form yourselves of the future needs of the same. Hoping to have a favorable reply to this invitation, we remain, Respectful- ly yours, Attest J. N. GAWTHROP, J. Frank Ball. Secretary. President. On motion Senator Monaghan the following resolution was accepted from the Wilmington City Council. . Whereas the members of the Oenetal Assembly have accept­ ed an invitation to attend a banquet tendered by the Board of Trade of this city, to be given January twenty-seventh and Whereas numerous measures, affecting Muncipal affairs, will be presented for the action of the General Assembly; there­ fore be it Resolved, That the Mayor and Council extend an invita­ tion to the members of the General Assembly to be the guests of the Municipality on·January 28th, to afford the members of the General Assembly an opportunity to ascertain the size and importance of the City of Wilmington, to enable them to better consider the matters that may be placed before them concerning the city. 158 Ballot-Conner 5, Rose 6, Mendinhall 2; no election. 159 Ballot-Conner 5, _Rose 6, Mendinhall 2; no election. 160 Ballot-Conner 5, Rose 6, Mendinhall 2; no election. On motion of Senator Barnard the following resolution was read and adopted. Resolved by the Senate that this body visit the State College for Colored Students on Tuesday January 24th 1905, at 12 o'clock noon, by virtue of an invitation extended by the President and Board of Trustees. 161 Ballot-Conner 5, Rose 6, Mendinhall 2; no election. 162 Ba!Jot-Conner 5, Rose 6, Mendinhall 2; no election. 163 Ballot-Conner 5, Rose 6, Mendinhall 2; no election. 164 Ballot-Conner 5, Rose 6, Mendinhall 2; no election. · 165 Ballot-Conner 5, Rose 6, Mendinhall 2; no el1ction. 166 Ballot-Conner 5, Rose 6, Mendinhall 2; no election. 63 167 Ballot-Conner 5, Rose 6, Mendinhall 2; no election. 168 Ballot-Conner 5, Rose 6, Mendinhall 2; no election.

On motion Senator Conner Senate takes recess until I I A. M. next day.

· Tuesday January 24th 1905, 11 o'clock, A. M. Senate met pursuant to recess. Prayer by the Chaplain Rev. L. E. Barrett. Roll called. Members present-Messrs. Barnard, Boyce, Conner, Houston, Jefferson, Latta, Lingo, Mendinhall, Mona­ ghan, Moore, D. 0., Moore, T. C., Pennewill, Reed, Rose, Smith, Sparks; Stirling. On motion of Senator Sparks Senate takes recess until 11.15 A. M. same,day. Senate reassembles at expiration of recess 12 A. M. same day. On motion of Senator Mendinhall Senate takes recess until 2.30 P. M. same day. Tuesday January 24th 1905, 3.05 P. M. Senate met pursuant to recess. Roll called. Members present-Messrs. Barnard, Boyce, Conner, Houston, Jefferson, Latta, Lingo, Mendinhall, Mona­ ghan, Moore, D. 0., Moore, T. C., Pennewill, Reed, Rose. Smith, Sparks, Stirling. 169 Ballot-Conner 7, Rose 7, Mendinhall 3 ; no election.

I 70 Ballot-Conner 7, Rose 7, Mendinhall 3; no election.

I 71 Ballot-Conner 7, Rose 7, Mendinhall 3 ; no election. 172 Ballot-Conner 7, Rose 7, Mendinhall 3 ; no election. On motion Senator Rose Senate takes recess until 11 A. M. next day. Wednesday January 25th 1905, 12 o'clock, M. Senate met pursuant to recess. Prayer by the Chaplain Rev. G. T. Smith. 64 Members present-Messrs. Barnard, Boyce, Conner, Hous­ ton, Jefferson, Latta, Lingo, Mendinhall, Moore, D. 0. Moore, T-.C :'. Pennewill, Reed, Rose, Smith, Sparks, Stirling.

On motion Senator Sparks Senate takes recess until 2 P. M. same day. Wednesday, January 251905; 2 o'clock, P. M. i Senate met pursuant to recess. Members present-Messrs. Barnard, Boyce, Conner, Hous­ ton, Jefferson, Latta, ~ingo; Mendinhall,Monaghan, . Moore, D. 0., Moore, T. c;, Pennewill, Reed, Rose, Smith, Sparks, Stirling. On motion of Senator Moore, T. C,. Senate takes recess until 2.30 P . .M;same day.

Senate reassembles at expiration of recess 3.20 same day and proceeded to vote for President pro tempore of the Senate. . On the Ballot Mr. A. B. Conner received ten votes and Mr. David Rose received seven votes, Whereupon, the President of the Senate declared that A. B. Conner having received a ma­ jority of all the votes cast, was duly elected Speaker Protempore of the Senate. The President of the Senate appointed Senators Rose and Sparks a ~ommittee to inform him of his election, and conduct him to the Senate Chamber . Mr. Conner being introduced was duly qualified and assum­ ed the duties of his office, after taking the following oath: I do solemnly sweat: that I will support the Constitution of the United States and the Constitution of foe State of Delaware, and that I will faithfully discharge the duties of President Pro Tempore of the Senate of the State of Delaware with fidelity according to the best of my ability. A. B. CONNER. On motion of Senator Moore, D. 0., Senate proceeds to Elect by ballot a Clerk of Senate. Senator Moore, D. 0., nominated J. Edward Goslee. of Su3- sex County. Senator Jefferson nominatei E. Wise Warren, of Sussex County. 65 On the ballot Mr. Goslee received ten votes, Mr. Warren received seven votes. Whereupon the President of Senate declared that J. Edward Goslee having received a majority of all the votes cast was duly elected Clerk of the Senate. The President appointed Senator Pennewill and Jefferson a committee to wait upon and inform him of his election, and con­ duct him to the Senate Chamber. Mr. Goslee, being introduced was duly qualified and as­ sumed the duties of his office, after having taken the following oath: I do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Delaware, and that I will faithfully discharge the duties of Clerk of the Senate of the State of Delaware with :fidelity according to the best of my ability. J. EDWARD GOSLEE. On motion of Senator Stirling the Senate poceeded to elect by ballot a Reading Clerk. Senator Stirling nominated A. L. Trye. Senator Boyce nominated S. J. Lowe. Upon the ballot Mr. Tyre received ten votes and Mr. Lowe received seven votes. Whereupon the president of the Senate declared that A. L. Tyre having recdved majority of all votes cast, was duly elected Reading Clerk of the Senate. On motion of Senator Sparks Senate proceeds to elect by ballot an Enrolling Clerk. Senator Sparks nominated C. Sherburne Rice and Senator Latta nominated Joseph Gough. Upon the ballot Mr. Rice received ten votes and Mr. Gough received seven votes. Whereupon the president of the Senate declared that Mr. Rice having received a majority of all votes cast, was duly elected Enrolling Clerk of the Senate. On motion of Senator Mendinhall Senate proceeded to elect by ballot a Sergeant-at-Arms. Mr. Mendinhall nominated Henry M. Lang, Mr. Rose nom­ inated J. Edward McNabb. 66 Upon the ballot Mr. I,ang received ten votes and Mr. Mc· Nabb received seven votes. Whereupon the president of the Senate declared that H. M. Lang having received a majority of all votes cast, was duly elected, Sergeant-at-Arms of the Senate. The President of Senate appointed Senators Mendinhall and Smith a committee to wait upon and inform him of his election and conduct him to the Senate Chamber. Mr. Lang being introduceil was duly qualified, and assum· ed the duties of his office after having taken the following oath. I do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Delaware, and that I will faithfully discharge the duties of Sergeant-at-Arms of the Senate of the State of Delaware with fidelity according to the best of my ability. HENRY M. LANG. On motion of Senator Moore, T. C. the Senate elects by ballot a Chaplain of the Senate. Senator Barnard nominated Rev. G. T. Smith. Senator Latta nominated Rev. L. W. Layfield. Upon the ballot Rev. Smith received ten votes and Rev. Layfield received seven votes. Whereupon the president of the Senate declared that Rev. G. T. Smith having received a majority of all the votes cast was duly elected Chaplain, of the Senate. The President of the Senate appointed Senators Latta and Smith a committee to wait upon Rev. Smith to inform him of his election and conduct him to the Senate Chamber. On motion of Senator Sparks the Senate proceeds to elect by ballot a page of the Senate. Senator Moore, T. C., nominated Theodore L. Cook, Sen­ ator Reed nominated William Perry. Upon the ballot Mr. Cook received ten votes and Mr. Perry .received seven votes. Whereupon the president of the Senate declared that, Theodore L. Cook having recieved a majority. of the votes cast, was duly elected~Page of the Senate. On motion of Senator Sparks the following resolution was adapted. 67 Be it resolved· by the Senate that the Clerk of the Senate is instructed to notify the House that the Senate is duly and regularly organized and has elected Alvan B. Conner President pro tempore, and J. Edward Goslee Clerk, and is ready to pro­ ceed to business. On motion of Senator Conner the following concurrent resolution was adapted: Be it resolved that the President is hereby authorized to ap­ point a Committee of two to act with a like Committee of three on the part of the House, which Committee is hereby instructed to notify the Governor that both Houses of the General Assem­ bly are duly organized and ready to receive any communication he may send them; and the Clerk is instructed to notify the House that Senators Conner and Rose have been appoined mem­ bers of the said Committee on the part of the Senate. On motion of Senator Sparks the following resolution was adopted. Resolved that the President pro tempore be authorized to ap­ point the following standing committees: Corporations, Cities and Towns, Enrolled Bills, Elections, :Accounts, Claims, Finances, Vacant Lands, Banking and Insurance, Judiciary, Revised Stat­ utes, Agriculture, Printing, Education, Fish, Oysters, and Game. Said committees to be composed of five members each and an Executive Committee of three to whom all appointments of the Governor presented for confirmation shall be referred be­ fore action shall have been taken. On motion Senator Houston the following resolution was adopted. 'Resolved that the privileges of the floor be accorded to the ex-members of the Senate, members and ex-members of the House of Representatives, Governor and other State Officers, members of the bar; ladies and representatives of the press." On motion of Senator Pennewill the following resolution was read and adopted. "Resolved, that the Clerk of the Senate be and is hereby authorized to have printed for the use of the Senate, the neces­ sary blanks, forms and record books.'' On motion of Senator Barnard the following resolution was read and adopted. 68 ''Be it resolved by the Senate of the State of Delaware, that the President authorize the Clerk by written order to pro2ure stamps, wrappers and postal cards for the use of the Senate.'' And one autographic stamp for each member of the Senate. Mr. Lewis Clerk of .the house being admitted presented the following resolution. Be it resolved by the House of Representatives that the Speaker is hereby authorized to appoint a Committee of three to act with a like Committee of two on the part of the Senate, which Committee is hereby instructed to notify the Goveror that both Houses of the General Assembly are duly organized and ready to receive communications he may send them; and the Clerk is instructed to notify the Senate of the adoption of this Resolution by the House, and that Representatives Messrs. Abbott, Wilson and Prettyman have been appointed by the Speaker members of the said Committee on the part of the House. On motion Senator Conner the following resolution was read and adopted. Resolved, That the Clerk of the Senate be and is hereby authorized to procure one copy of each member of this body a daily paper of his own selection published outside of the State, and one copy for each membtr of all dailies and weeklies pub­ lished within the Sate during the sesison of thisL egislature. On motion of Senator Sparks the following resolution was read and adopted. Resolved, That the Clerk of the Senate be instructed to procure for each Senator, one sheep bound copy of each of the following books. Constitution of the State of Delaware. Revised Code Vols. 20, 21,and 22 Laws of Delaware. On motion of Senator Sparks the following resolution was read and adopted. Resolved, That the State Treasurer be instructed to furnish the Senate as soon as possible a statement giving the gross re­ ceipts of the State per annum and a detailed statement of sums already appropriated, showing balance subject to appropriation;. On motion of Senator Conner the following concurrent reso­ lution was read and adapted: and sent to the house for concur­ rence. 69 Resolved: That a committee of two on the part of the Senate :and three on the part of the House be appointed by the Presiding officers of each body to arrange for and secure the services of typewritest for each of these bodies to properly typewrite all bills the respective bodies may wish prepared and any other type· ...-ritten work they may require at a salary not exceeding $12.00 per week, the typewriters to furnish their own machines for such work, that the Clerks be instructed to furnish th=m necessary stationary and that no bills otherwise contracted for such work will be allowed by this General Assembly. On motion of Senator Sparks the rules of the old Senate pre~ vailed until new rules were formed. The following notices were made. Mr. Rose gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled; An act provid· ing against the Adulteration of food, and providing for the en­ forcement thereof. Mr. Rose gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An act to Incor­ porate the Newark Trust and Safe Deposit Company. Mr. Rose gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An act authoriz­ ing the Governor to appoint a Notary Public for the o.'lice of Ed· ward W. Cooch Wilmington hundred. Mr. Moore gave notice that on tomorrow or some future.day he would ask leave to introduce a bill, entitled: An act to amend Chapter 366 Volume 16, Laws of Delaware, increasing the amount that may be raised by taxation for school purposes by the Public Schools of the town of Smyrna. Mr. Moore, D. 0., gave notice that on tomorrow or some fu. ture day he would ask leave to introduce a bill, entitled: An act to establish a permanent voting place in 1st election of the 6th representative district of Sussex County. Mr. Smith gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An act entitled an act to define Pelit larceny and Grand larceny and providing the punishment for such offences, amending Chapter 128 of the Revised Code of 1893. Mr. Pennewill gave notice that on tomorrow or some future 70 day he would ask leave to introduce a bill, entitled: An act to iLcrease the sa:lary of the Governor.

On. motion of Senator Sparks the Senate adjourned until 11 A. M. next day.

Thursday January 26th,. 1905, II orclock, A. M. Senate met pursuant to adjournment. Prayer by the Chap­ lain. Roll called. Members present - Messrs. Barnard, Boyce. Conner, Houston, Jefferson, Latta, Lingo, Mendinhall, Monag­ han, Moore, D. 0.,. Moore, T. C., Pennewill, Reed, Rose·,. Smith Sparks, Stirling. JcJUrnal read and approved. On motion of Senator Rose Senate takes recess until u.30 A. M. same day.

Senate reassembles at expiration of recess. Honorable C. R. Layton ex-Secretary of State was announc­ ed and on being admitted presented the biennial message of ex­ Governor Hunn and accompanying documents. On motion of Senator Stirling the reading clerk takes his oo.th of office. The President of the Senate appointed Messrs. Rose and Sparks as a committee to notify Mr. A. L. Tyre of his election. Mr. 'Tyre being introduced was duly qualified and assumed the duties of his office, after having taken the following oath. I do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Delaware, and that I will faithfully discharge the duties of Reading Clerk of the Senate of the State of Delaware with fidelity according to the best of my ability. ABRAHAM L. TYRE. On motion or Senator Sparks a committee of two was ap· pointed to escort the enrolling clerk to the Senate Chamber. Pesident of the Senate appointed Senators Pennewill and Rose as Committee • Mr. Rice being introduced was duly qualified and assumed the duties of his office after having taken the following oath. I do solemnlv swear that I will support the Constitution of the United States and the Constitution of the State of Delaware, :and that r will faithfully discharge the duties of Enrolling Clerk 'Of the Senate of the State of Delaware with fidelity according to the best of my ability. C. SHERBURNE RICE. The president pro tempore of the Senate announced the fol· lowing standing committees: SENATE COMMITTEES. Corporations-Penneviil1, Sparks, Conner, Rose,Latta. Cities and Towns--Sparks, Pennewill, Barnard, Monag• ban, Smith. Education-Mendinhall, T.C. Moore, Barnard, Smith,Rose. Claims-T. C. Moore, Barnard, Stirling, Latta, Boyce. Finance-Mendinhall, Conner, Sparks, Rose, Reed. Agriculture-Lingo, Houston, Jefferson, Reed, Bocye. Elections-Houston, Stirling, D.O. Moore, Smith, Jefferson Accounts-Barnard, Pennewill, Monaghan, Lingo, Smith. Printing-T. C. Moore, Mendinhall, D. 0. Moore, Monag· han, Latta. Revised Statutes -Conner, Pennewill, Sparks, Rose, Latta. Fish, Oysters and Game-Sterling, Houston, Barnard, Jeff• erson, Reed. Jud"ciary-Smith, Sterling, T. C. Moore,M-onaghan, Boyce. Enrolled Bills-Reed, Jefferson, I,ingo, Houston, Latta. Vacant Lands-Jefferson, Boyce, Mendinhall, D. 0. Moore, Lingo. Insurance and Banking -= D. 0. Moore, ~ose, Pennewill, Sparks, Conner. Rules-D. 0. Moore, T. C. Moote, Reed, Monaghan, Boyte, Public Buildings and Highways-Latta, Monaghan, Stirl· ing, Conner, D. 0. Moore. 72 Executhre-Pennewill, Sparks, Rose. On. motion of Senator Sparks the appointment of Joseph L. Cahall Secretary of State was referred to executive committee. On motion of Senator Sparks the late Governors message was read. On motion of Senator Sparks the reading of the message was deferred until 2.30 P. M. same day. On motion of Senator Sparks the 8enate went into ex~u­ tive session to consider the appointment of Secretary of State. The President of the Senate announced the confirmation of Josebph L. Cahall to be Secretary of State, by the executive ses­ sion of the senate just dissolved.

On motion of Senator Sparks Senate takes recess until 2 P. M. same day. Thursday January 26 th, 1905, 2 o'clock, P. M. Senate met pursuant to recess. Roll Called. Members present-Messrs. Barnard, Boyce, Conner, Houston, Jefferson, Latta, Lingo, Mendinhall, Monag­ han, Moore, D. 0., Moore, T. C., Pennewill, Reed, Rose, Smith, Sparks, Stirling. Reading of the Governor's message was continued. Mr. Lewis clerk of the House being admitted, informed the Senate that the House had adopted and requested the concur­ renceof the Senate in the following Joint Resolution. House Joint Resolution No. 3. Authorizing the Adjutant General to have printed 500 copies of his last report; 300 copies to be bound in cloth and 200 copies to be bound in paper. Mr. Lewis, Clerk of the House, being admitted informed the Senate that the House had adopted and requested the concur­ rence of the Senate in the following jojnt resolution: House Joint Resolution No. 4. Authorizing the appointment of a committee of two on the part of the Senate and three on the part of the House, to make arrangements for the respective bodies to attend the inauguration of President elect Roosevelt. On motion of Senato Sparks the late Governors message was spread upon the Journal as read: GOVERNOR'S MESSAGE

STATE OF DELAWAE, EXECUTIVE DEP ARTMEN'l\ To the Members of the Senate and House of Rep1'esentat i'Ves~. The power and authority vested in the Oenetal Assembly is supreme under our form of government~ restricted only by the Constitution itself and the power of veto reposed in the .guber•. natorial office. Your power, therefore, within these limitations being paramount, and unaccompanied by any vicarious authority or function, it becomes the obvious duty of each member. of yout body to seriously estimate his obligations, and careft,tlly and con~ sdentiously guard his motives in order that he may bring to the discharge of those grave and high responsibilities imposed upon him by his oath of office, the best forces of exalted citizenship, This is the more true in face of the fact that all law fot the governing of the civil, religious, political, social and commercial conditions arising in the commonwealth must emanate alone from the body of which you are members. When made, the Governor merely executes them; and the courts of justice inter• pret, and apply them. The worth of legislation lies in the perspict,tity of its expres­ sion and in the quality of the thought and conscience injected in it, and not in a multiplicity of words, and an invol\l'ment of expression that confuses the citizen and leads to useless and unnecessary doubt and litigation. Every statute should be care• fully, concisely and plainly framed so that the intelligent laymen may read and run with the most learned of the laity. Laws so framed as to obscure their meaning, (involving purposely the necessity of seeking professional enlightment,) are a gross out• rage upon the people. 74 Exgerience has amply demonstrated the laws are not onfy­ carelessly, and often ambiguously drawn (in fact, even purposely­ so) to the great discredit of the General Assembly itself, but that they involve thereby the very peace. and welfare of the people. Plainy unequivocal enactments, made for the benefit of the whole· CommQtlwealth,. are readily and cheerfully obeyed;: those obscure, and equiii'ocal are naturally disregarded by reason of their very ambigw.cy-, and serve only as an incitement to suits,.at-law, and personal contention. The people, being uitimately the sovereign authority, have the right to demand that the work of their repre­ sentatives shall at least be clear and understandable,. if not per­ fect in wisdom .. The Constitutictnal limitati<:111to the' fength of the I,egisfa-· tive Session fm-bids;any waste of time, or lack of continued in­ terest in the passage of laws. With. a session of sixy days only. the practice of short daily sessi'O'lls,and, only those of three or :lour days in a weekr leads of necessity to ill-considered legisla-· tion, and' through the hurry and congestion of the closing hours. of the Legislature. to-even fraud itself. rt is also a serious question whether. the present procedure, employed in the preparation, the passag.e and the enrollment of bills, should not be carefully revised. Certainly, greater care and attention should be given to, the matter of enrollment of bills for the sake of accuracy in the publication of laws. and the preven-:­ tion of fraud. The Cdnstitufion of our State very wisely and explicitly directs that the Governor shall '•give to the General Assembly informa..~io:iof afEairs concerning the State and recommend to its consideration 9Uch measures as he shall judge expedient.'• . I accordin&lY subnrit the £~lowing vie~~ and. rec01111llenda­ tlons upon subJects conneced with the adm1n1strat1011of govem­ tnent in this State for your consideration, and, if approved, for your legislative action. Ma:f1ymeasures wet~ introduced during the last Legislative Session, which, if enacted into law, would have left a decided deficit in the Treasury; but owing to constant watchfulness~ few if any extravagant allowances were made, and the appropri­ tition df the public money was kept fairly within the limits of justifiable expenditure. Although the State enjoys now a greater increase of revenue than during the last decade, there is at present little increase 73 'tnerein, ana hence little room for extravagance in any direction. ;if a balance is to be maintained in the 'Treasury: The following usual summary of the assets and liabilities of i:he State are here given, together with the investments, both on :account of the School Fti.nd,. as well as that of .the General Fund.: ASSETS-1904. :5, 700 shares of Farmers• Bank stock, at 50 per share ...... $285,000 oo 1114shares ofNafiona'l Bank of Dela- ware stock, at$1oopetshare. . . u4,ooo 0 ;254 shares ef Union Nationl Bank stock, at f,z.5 per share . . . . . • 6,35-0 oo ,I 14 shares of Nationl Bank · of Smy.rna., at 50 pe.r share...... •.•. 5,700 om

Mortgages. Junction and Breakwater Railroad Co., at 3 per cent. . . . • . . . . . $185,t>oo oo ::Breakwater and Frankford Railroad Co .• at 3 per cent . • . • • • . • , , 200,000 oo

Bonds. One bond of State of Delaware to School Fu.nd, at 6 per cent . • ":1:56,750oo Real Estate. State House, including I.aw Library (estimated) ...... •. $55,000 oo Armory building ( estimated) . 10,000 oo Jump property (estimated) • '8,000 oo --- __ _._ '83,000 00

Cash. SurrendeTed bank ·stock of Farmers' Bank ...... f,22,035 00 Cash in Treasury Nov. 1, 1904 . • . .. 19;462 40 .__,,____ ...... $1,433,019 40 76 LIABILITIES. 250 bonds f-1000 each at 3 per cent.,. issue of 183,7 payable June r, 1907~ i-edeemable at option of the State on any June 1, or December 1, in or after- 1897 . • . • . • • • . • • $a5P,OOOoo 35 bonds, $:iooo each at 3~ per cent., issue of 1895 payable July 1 1915;: redeemable at option of the State on any January 1, or July 1, in 01" after 1906 . • . • . • . • • 35,000 (le)

Amount canied forward . • . . . $285,000 oo Amount brought forward . . . . $285,000 oo 245 bonds, $1,000 each, at3percent., issue of 1897, payable December 1, 19~7; redeemable at option of the State on any June 1, or December 1, after December 1, 1 9z2 . • • • 245,000 00 ----$· 530,000 00 One bond of the State of Delaware to School Fund, at 6 per cent., issued July 1, 1881, payable July 1, 19o6 $156,750 00 Certificate of Indebtedness to the Trustees of Delaware College, at 6 per cent:. (perpetual) . . . • . . . 83,00000 239,750 00 Guarantee Railway Deposits 42,000 00

$ 8II,750 00

'total Assets ...... $1,433,019 40 Total Liabilities ...... 811,750 oo

Amount of Assets over Liabilities .... $,621,269 40

INVESTMENTS. Benefit of General Fund. Bank Stock-par Value. 400 shares of Nati9nal Bank of Delaware • at $100 per share ...... $4,000 oo Bank Stock-Market Value. 40 shares of National Bank of Delaware 77 at $215 per share . . . . . $8,900 oo Mortgages. Junction and Breakwater Railroad Co. at 3 per cent ...... $185,000 oo Breakwater and Frankford Railroad Co. at 3 per cent ...... 200.000 oo ------$385,000 00

$393,600 00

Benefit of School Fund. BanK Stock-par Value. 5,700 shares of Farmer's Bank stock at $50 per share ...... $285,000 oo 254 shares of Union National Bank at $25 per share ...... 6,350 oo u4 shares of National Bank of Smyrna $50 per share ...... 5,700 oo 74 shares of National Bank of Delaware at $mo per share ...... 7,400 oo

$304,450 00 Bank Stock-par Value. 5,700 shares of Farmers' Bank stock at $125 per share ...... $712,500 oo 254 shares of Union National Bank at $88 per share ...... 22,352 oo .II4 shares of National Bank of Smyrna at $65 per share . . . .. ; . . . 7,410 oo 74 shares of National Bank of Delaware at $215 per share ...... 15,910 oo ------$758,172 00 Bonds. One bond, State of Delaware, at 6 per cent . . • . . 156,750 oo

$ 914,922 00

RECEIPTS AND EXPENDITURES. Receipts from January 1, 1903, to Jan- uary II 1904 ...... $456,452 90 Expenditures from Janua1y 1, 1903, to January II, 1904 ...... $472,744 46 78 Receipts from January r 2, r 904, to No- vember r, 1904 ...... $382, 977 77 Expenditures from January 12, 1904, to November I, 1904 ...... $396,265 rs

The above statement shows that the present rate of exre.:idi­ ture has exceeded the receipts for the last two years. The following comparative figures for the years since the Corporation Law was enacted is hereby given, and attention is called to the fact that while there has been a marked decrease in the amount received for corporation taxes, a decided and almost proportionate increase has taken place in the amount received from annual franchise taxes. Corporation Tax collected by Secretary of State.

For the year 1899 . . $67,550 45 For the year 1900 . 41,540 58 For the year 1901 . 49,71806 For the year 1902 . 72,657 20 For the year 1903 ...... 56,630 87 For the year 1904, to Dec. 20 . 31,160 91 Annual Franchise Tax collected by the State Treasurer

For the year 1899 . $8,307 95 For the year 1900 . 25,865 IO For the year 1901 . 37,310 52 For the year 1902 . 39,204 76 For the yea1 1903 . . . . . 65,087 73 For the year 1904, to Nov. 1 83,226 29 Corporation Summaries. Balance in Treasury.

Nov. 1, 1902 . $67,398 07 Nov. 1, 1903 . 47,923 98 Nov. r, 1904 . 41,497 40 Corporation Tax. For the year 1902 . . . $72,657 20 For the year 1903 ...... 56,630 87 For the year 1904, to Dec. 20 . . 31,160 61 79 Franchise Tax. For the year 1902 . . . $39,204 76 For the year 1903 . . . 65,087 73 For the year 1904, to Nov. 1 . 83,226 29 Banks and Banking Associations. 1901 . $6,497 59 1902 . . 3,033 24 1903 . . 1,483 86 1904, to Nov, 1 . 1,222 30 Pertinent to the matter of State Finances, I desire to call your attention to the amount of tax derived from National and State Banks , and to the fact of the decrease of revenue there­ from by reason of their refusal to comply with existing law. A comparative statement given above as to the amount derived from tax on National and State Banks shows such a decline as to amount to almost an entire failure of revenue in this direction. Although under the control, and by the decision of Directors representing only forty-three per cent. of the capital stock, even the Farmers' Bank, a State Institution, with fifty­ seven per cent.of its capital owned by the State, has refused to p3.y this tax, though ordered by the General Assembly. This same information was laid before the last General Assembly by the State Treasurer, but it saw fit to take no action in the line of the suggestions then made. These banks, moreover, refused to provide the Treasurer with a list of the names of the Stockholders. There is, therefore, no means available to the State Treasurer of knowing whose stock lo advertise for sale pursuant to existing provisions of the law. I would suggest that the Insurance Commissioner be clothed with power to obtain the necessary information, and Jeport the same to the State Treasmer. I further recommend in this connection that the law be so amended as to remove all doubt as to the Constitutionality of im• posing a tax on banks, or that steps be taken to enforce the ex­ isting law. I also desire to call your attention to the fact that the State Tr~asurer is authorized by law to issue licenses to distillers of alcoholic liquors on application, but the law makes no provision for furnishing him or any other officer with information of per· sons who may distill with:mt license. 80 It is also very doubtful whether there is now any law actually in force providing a penalty for violations of the acts dealing with this matter. I recommend, therefore, that the General Assembly should so amend Chapter 555, Volume 19, Laws of Delaware, and Chapter 378, Volume 20, Laws of Delaware, as to make the law effective. This might be done by making it incumbent upon the Grand Juror of each and every district in this State to report to the State Treasurer from time to time the names of an:the persons in his district engaged in distilling intoxicating liquors. EDUCATION. One of the gratifying features of Delaware conditions is the genuine and continued interest displayed in education, and the willingness, not only of the people in their respective school dis­ tricts, but of their representatives in the General Assembly to provide liberally for this indispensable adjuvant to good govern­ ment. Moreover the State possesses in its present official control of the public schools some of the best equipped and most efficient custodians of the cause of education the State has ever possessed. As the President of the State Board of Education, ha,·e kept in close touch with all the members of the County School Com­ missions and the County Superintendents, and a result of this contact and interchange of views on this subject earnestly recommend to your consideration the following suggestions that greater prominence may be given hereby than in a report from the State Board of Education alone: Immediate steps should be taken to authorize by law the centralization of rural schools, and the necessary appropriation made to secure the conveyanee of pupils to and from these centralized school houses. This proposition is not theoretical, but has been proved to J>e by actual experience in other States of the greatest benefit, by giving the advantages of a graded school to rural communities without entailing much, if any greater cost. General elections should not be permitted to be held in school houses, and should be specifically prohibited by law. . The penalty therefor should be the refusal of the payment of the school dividend to the district that permits its school build­ ing to be put to such use. This prohibition_should not in any Sr way apply to the holding of school elections in school houses, b11t to other and especially to General Elections. The damage to school properties and the loss of time result­ ing thereby are sufficient reasons for this prohibition. The school law shoud be amended so that no commissioner or clerk shall be eligible to the position of teacher, and further amended by imposing a severe penalty upon any clerk of a school district who wilfully refuses to comply with the law governing the discharge of his duties, thereby intentionally robbing the district of its dividend. Better provisions should be made for the meeting places of the County School Commissions, and their compensation should be increased to f,roo.oo per annum. Their compensation should be in some degree adequate to the duties they are called upon to perform, and if the State is not willing to do this it had better abolish the Commissions, inas­ much as ill-requited labor rarely continues to be well performed. Previous appropriations for the repair of the old school houses and erection of new ones for the use of colored schools has been of great benefit, and should be continued until commo­ dious and properly furnished buildings for the use of this class of our citizenship, are found throughout the State. In fact, in my judgment, the State should. appropriate money for the repair or even the erection of new school build· ings for both white and colored schools, when by reason of the ·scarc·ty of numbers and the poverty of the district they are un­ able to do it themselves. 'l'hese are some of the chief recommendations which the observation and the experience of the County Superintendent, the County School Commission, and the State Board of Eiluca· tion deem to be expedient. In relation to other adjuncts to education I desire to call your attention to the advancement of Delaware College in both popularity and efficiency, plainly shown by a marked increase in its matriculates and a higher standard of attainment by its graduate1'. · This being the only collegiate institution in this State it should be liberally supported, and again repeat that both sexes alike should be allowed the privileges of this Insti· tution. i3":1 The State eollege for Colored Students is well conducted and creditable in every way, and the results to be garnered in the future will prove of incalculable advantage to this State by the infusion of the leaven of education, and the inculcation of morailty, knowledge of mechanics and mental development among the most ignorant class in the Commonwealth. Those who complain that the results are apparently few, and who even doubt the expediency of educating thi& part of our citizenship, are manifestly unjust,. and unable, or at least unwilling, to understand the natural difficulties. imposed by heredity and pre­ vious environment. It took, I suspcet, the remote ancestors of a Gladstone some c~nturies to get away from the caves as a dwelling place, and £:om implements of stone, to the stately palace at Haawarden, aad the mechanical devices of our own time. Former appropriations for the maintenance of the public school system and other educational institutions should be made with equal liberality by this General Assembly. CO-EDUCATION. To the preceding Legislature I expressed my conviction that 111the interest of a diffused and more extended intelligence, and of justice to the daughters of the State, the doors of Delaware College should be thrown open to both sexes, and equal oppor­ tunity given to each for the pursuit of knowledge and the bene­ fits of a higher education. I again express this conviction, and ask the General Assembly to carefully consider the question whether a mere difference in sex should support and encourage the one, in mental, moral and physical development, and ignore and hinder and even prohibit the other. If the daughters become· the wives and the mothers of the Commonwealth, the imperative fiat of heredity demands their development in order to secure the highest expression of the race, and consequently the highest attainment of citizenship. The State is too small, at least financially unable, to main­ tain a separate institution for this purpose. In view of the suc­ cessful results obtained in other States, no valid objection can_be urged against the adoption of this course in Delaware College. For the objection that immorality is encouraged under such circumstances is not true; nor should the selfish objection made by the male students in the institution serve to maintain a stand­ ing injustice, and perpetuate a condition that retards the pro­ gress of the State. 83 We have no more right to exclude daughters of this State from Delaware College than we have to exclude them from our public s~hools. STATE LIBRARY COMMISSION.

This Commission was created by the Legislature of 1901, and its powers further enlarged by the Legislature of 1903. It was created for the purpose of establishing public libraries in towns and school districts as a supplement to thecause of educa­ tion in this State. Through the energy and well directed efforts -0f its members it has made this adjuvant to education more and more popular among the people. A reading people become an intelligent people, and, therefore, not only a more useful people from the standpoint of citizenship, but the easy opportunity to procure good literature, brings to their domestic life a larger measure of personal happiness, and a higher standard of moral ·culture. I recommend that this Commission be further aided by a proper appropriation of the public funds in order that it may increase its scope and efficiency. PUBLIC HIGHWAYS. A growing consideration of, and interest in pet-manent improvement of the Public Highways is still manifested by all sections of the State. At the last session of the Legislature this interest took visible form in an act known as "An Act to pro· vide for the Permanent Improvenent of the Public Highways in the State of Delaware." While I approved the Act just quoted in order not to retard public process in this direction, I did so. however, with well defined misgivings as to its being what the State needed. The most valid objection to it lies in the fact that it provides for expensive officials without much behind it by which the work can be prosecuted. If the Legislature had fol!Qwed the sugges· tions as conveyed in my former Message, to bond the State for a sum of money for the construction of permanent roads through· out the whole State, such an elaborate Commission would not have been out of proportion to the rest of the conception. But when it is remembered that in two years a few miles only have been constructed in New Castle County, none whatever in Kent, and one-half mile only in Sussex, some idea may be had of the proportions of the inequality between the expense of a Commis- 84 sion which costs at least $6000 per annum out of the amount appropriated for roads construction ($3000) the primary. object of the Act. Unless the State is willing to issue bonds for an amount sufficient to construct permanent roads generally in each county I advise the repeal of the present Act and the enactment of what at last the Legislature was commonly known as the "Newton Bill'' which in effect gave State aid to any Levy Court District that would voluntarily tax itself in the endeavor I have no doubt that the entire appropriation would have been used through the enterprise of progressive localities if the Newton Bill had been enacted-the reason being that under the present Act nothing can be done without the initial approval of the Levy Court which is loath to vote money for the improvement of one district while it is unable to vote money for all; whereas under the Newton Bill any progressive and public spirited community by voluntary taxation could get 50 pe.1 cent· of the cost of construction ~iven by the State without depending npon the will or.the vote of other communities. · LOCAL OPTION. I desire again to call your early and most serious attenton to the matter of the submission of the question of the sale of intox­ icating liquors to a vote ot the people. The Constitution provides two methods whereby this issue may be joined: First, Upon the initiative of the General Assembly itself _by a majority vote in each House; Second, Upon the initiative of a majority of the members elect to each branch of the General Assembly of any district, iµ which case the General Assembly must provide for the submis­ sion of the question to the voters of that district. This is one of the most constantly agitated subject not only in this State but in nearly every civilized community as well. It received at the hands of the members of the last Constitutional Convention especial consideration, and as a result especial provi-· sion was made in the Constitution, providing for direct legisla­ tion by the people themselves, and not by the General Assembly. In fact the only provision in our present organic law for the referendum of any question whatever of interest to the State was that by which a vote was provided for upon the sale of intoxi­ cating liquors, so serious, evidently was this matter considered by its framers. To the average man of merely average instincts 85 as an American citizen and with only a mere suspicion of belief on his part in the broad principle of the right of self government, there can be no valid argument raised against the submission of this question to the people for their direct adjudication. This plain insistence on my part is not made in order to influence any one to an affirmative or negative vote upon the question when submission is finally had-that will be an occasion for the exercise of the intelligence and the conscience of each individual citizen,-but only that the members of the General Assembly may be reminded that this is · a government of the people, and that this is an issue which has enlisted the most p::>werfttlforces of sodety upon each side, and further that the great overwhelming demand for the submission of this question does not come from the disreptableclasses in our community, but rather from the most intelligent and moral citizenshit> which this State possesses, and that in view of these considerations the people have plainly a natural,as well as constitutional, right to act directly upon this question. STATE HOSPITAL AT FARNHURST. This Institution is undoubtedly doing good work under its present earnest and progressive management, and fully satisfies the expectations of its most ardent advocates. An Institution, however, of this character and magnitude, should be extremely conservative in its admission of inmates, and the intent and scope of the law creating it should be rigidly followed, in order that an annually increasing expenditure may not prove to heavy a burden to the State. · In this connection, and to this intent it would be well to create a Lunacy Commission in each county with sole power of passing upon the mental condition of applicants for admission to the Hospital and thereby avoid the favoritism inseparable from the present procedure which through the environment and the influence surrounding the individual physician crowds the Institution with inmates not contemplated by law. If this Institution is gradually turned into a refuge for all sorts of people affiicted with every ill which human flesh is heir to the law that created it will not only be violated, but the cost of its maintenance will become a serious problem to the State Treasurer. It should 2be borne in mind that almshouses are maintained in each county for the sick and the destitute, while the State 86 Hospital at Farnhurst, is primarily an Institution for the cure of those afflicted with mental disorders only.

I-desire to call your attention to the fact that several thous­ and dollars are received annually by the Trustees of this Institu­ tion, and . the money expended by them in the erection of new buildings, and for whatever other purposes they may see·fit to entertain, without consulting the Legislature, or any other State authority. This I deem unwise. All monies received by the Trustees should be paid over scrupulously to the State Treas­ urer, and the subsequent expenditure thereof, controlled by the General Assembly. THE DEAF, DUMB AND BLIND AND IMBECILE CHILDREN. The last Legislature, on my recommendation, increased the annual appropriation for the care, maintenance and instruction of the Deaf, Dumb qnd Blind Children of the State by the additi­ onal sum of one thousand dollars. As far as these especial unfor­ tunate are concerned this increase of appropriation has been sufficient to meet all the claims made in every county. I desire, however, to call your attention to the law relating to the Idiotic Children. I refer to Chapter 244, Volume 2 I, Laws of Delaware, and to the provision therein "That not more than fourteen imbecile children from this State shall be provided for in the. institution at the same time, and that not more than twenty­ eight hundred dollars shall be paid by the State in any one year." As long as this provision remains in force no increase, how­ ever generous, in the general appropriation for these unfortu­ nates, can be made available. To repeat frofn my message of two years ago: "It is unnecessary to argue at length upon the in­ justice of granting the aid of the State .to fourteen imbecile chil­ dren to the excluison of others who have an equal claim of such aid, and to an equal opportunity for improvement.'' Chapter 244, Volume 21, Laws of Delaware, should be amended so that no restriction as to the number that may be assisted by the State shall be placed on our statue books, and a large appropriation made, in order that equal charity and opportunity may be given on all. A limit in point of age, however, should be prescribed by law, as it is clearly not the intention of the State, nor is it in 87 any way advisable, to· make the institutions of other States a substitute for our eleemosyna1y institutions. HOSPITAL FOR THE ERADICATION OF TUBERCULOSIS. Two years ago there was a well expressed and strongly en­ forced demand for the erection of a Hospital for the segregation and cure of those afflicted with Tuberculosis. The public press, some, indeed, I may say, many of our most intelligent citizens, especially those most eminent in the medical profession, whose daily observation and experience enabled them the more fully to compass the extent of this most direful of the ills by which humanity is afflicted, joined at that time in urging an appropriation by the General Assembly for the erection of a modern structure on scientific lines, and for the future main­ tenance thereof, in order to meet the indispensable requirements for successful combating this disease. I fully concurred at that time, and do now, with all of these views as to the extent and gravity of this evil, and in the wis­ dom of providing, if possible, adequate means of defense against what has come to be recognized as practically a modern scourge. But I am unable to refrain from pointing out most seriously to every one, especially to the members of the Legislature, the fact that before entering upon this enterprise it will be well to care- · fully consider what it means. Such an undertaking will only involve a primary outlay of thousands of dollars, but undoubtedly entail an annually increas­ ing charge upon the revenues of the State for its maintenance. In this connection, as a matter of admonitory experience, it is not inappropriate to recall the fact that the advocates of the State Hospital at Farnhurst calculated that the annual charge for maintenance, after the primary cost of construction, would not amount to more than $25,000 per anum. It is perhaps not known to all of you, however, that the appropriation at present for the maintenance of this institution amounts to $57,000 per annum, with a reasonable certainty that even this may be in­ sufficient for the future. It is a serious question, therefore, in view of this exper­ ience, whether the State can afford at this time to erect a Tu­ berculosis Hospital without, at the same time, discovering some new source of revenue in order to meet the primary outlay, and those demands for annual maintenance which will undoubtedly increase from year to year. 88 Moreover, if the State were ever so able to undertake the erection and maintenance of such an hospital, there is a strong and respectable opinion among the physicians of the State that the climatic conditions of Delaware are not such as to warrant us to expect the results that are obtained in other localities, where the atmospheric conditions ar~ proved by long experience to be favorable, and which ours confessedly lack. The ablest and most insistent advocate for the erection in this State of a Hospital for the eradication of Tuberculosis is Dr. John J. Black. He estimates that there are at least five thousand cases of tuberculosis in varied forms existing in the midst of our population to-day, and which are so many sources of contagion or infection for the propagation of this malady. He also estimates that it will cost one dollar a day for the main­ tenance of a patient so afflicted in a properly constituted hospital. It goes without saying that the State is unable to provide for all of these, involving as it would an expenditure of one million eight hundred and twenty-five thousand dollars per annum, and if it attempted to provide for a very limited number, such as the State only could afford to do, it would leave so many sources of infection unprovided for as to make it appear almost a hopeless undertaking. There are many highly desirable things that might be wished for in connection with the development and progress of our State, but just as it becomes an imperative question in one's private affairs to consider the cost of things, even so the same duty and obligation rests upon the General Assembly as the custodian of the monies of the People. STATE BOARD OF HEALTH. This is one of the Public functions of the State that cannot be too highly regarded, nor t:)O generously sustained. It stands constantly as a great intelligent protection against the ravages of diseases, and the spread of epidemics which not only threaten the lives of the individual, but his happiness and prosperity as well. The present generation has no higher distinguishing characteristic of its progress and development than is found in the establishment generally of Boards of Health to watch the beginnings of epidemic diseases, to establish quarantine regu­ lations, to segregate the infected from the well, to arrest and stamp out infectious maladies-doing all of which more and more effectually year by year, because of a growing attainment in experience in and knowledge of the germs of diseases, the methods of their propagation, and the laws of prophyllaxis. 89 I submit to you the thirteenth biennial report of the State Board of Health and ask yon to give to it your careful consider­ ation, and such appropriation of the public money as they may reasonably ask for. You make no ap;:iropriation of the public funds in this State with a certainty of greater public goo:i than that for the maintenance and support of the State Board of Health. PURE FOOD LAWS. The subject of pure food laws is engaging the attention more and more profoundly of the more progressive States of the Union, as their great importance becomes more ~nd more in­ telligently apprehended. The adulteration of foods, condiments, medicines, and all such articles as enter into every day domestic use is plainly a matter of such vital importance as to dema1 d the most seriov.s and thoughtful condition, and, stringent statutory regulations should be enacted, to prevent such fraud and deception to the great deteriment of the health and happiness of the people. WORKHOUSE. Whether a State Workhouse, or one for each county should be provided for by the General Assembly, is a question upon which there is a considerable variety of opinion, but there is great unanimity, however, as to the fact that convicts should be made to labor in some fashion. Not for the purpose, only, of decreasing the cost of their maintenance, is this view held; but ~o relieve them from the degenerating influence of unbroken idleness, and constant vicious association. In the one case, as far as the Legislature is concerned, it is merely a matter of economical provision and foresight; in the other, an individual obligation for the betterment, both physi­ cally and morally, of the convicts themselves. Whether the Workhouse problem is solved immediately or not the Legislature at least can provide by legal enactment for using the labor of conyicts upon the streets of towns and upon the public highways. I consider that this step would result not only in visible benefit to the public interests in the direction mentioned, but would act as a positive deterrent to crime itself. Under our present system it is well known that individuals actually commit some petty offense for the mere purpose of spending the winter in jail, to be fed and housed in idleness at the public expense. If such persons were subject to labor, it would probably better serve their inclination to labor free, rather than in chains. 90 THE AUSTRALIAN BALLOT LAW. The Australian Ballot Law now in operation in this State, is not only complex, and inelastic, but costly to a degree not compensated for by any political benefit that has been received. 1'he provisions as to voting, including the booths, and the police regulations generally, insuring orderly and peaceful elections, are of inestimable advantage, and, in any amendment to the Election Laws, should be retained; but the ballot itself, should be done away with, and any political party. entitled under proper Law to recognition, should be permitted to print its own tickets, at its own expense, upon unifonn paper, of uniform size, and with uniform type, giving thereby to the people the fullest opportunity to exercise the right of suffrage in the freest and most elastic manner. Under the present complicated blan­ ket ballot, without a Voter's Assistant, thousands of votes are lost throctgh inability to vote anything except a strnight ticket; with a Voter's Assistant, great co :1plaint is made that it leads to fraud and bribery. The only proper ballot for a free people is one that any citizen can secure before election day, and pre­ pare beforehand to suit himself when he comes to vote. The exercise of the right of sufferage should be made easy, simple and free, and so elastic that a meritorious candidate an receive greater recognition at the hands of good and discriminating citi­ zens, than one of bad chacracter, or one unfit for the proper dis­ yharge of the office to.which he is nominated, which is not true unier the present Australian Ballot. REGISTRATION AND A REGISTRATION FEE. The people generally find the Registration Law irksome, and plainly demand that the Constitution be amended so as to provide for a permanent Registration, instead of a biennial reg­ istration of all the voters. In the rural districts of the State the same people, with few exceptions, are compelled to appear every two years before registration boards, and have their names placed upon a Registration List-a useless and burdensome civil requirement. The proper way would be to provide for per­ manent registration, leaving for the Resgistration officers to add tJ the permanent list every two years those coming of age, or a ~qui ring residence in their respective districts; or taking there­ from, those who have died, lost their residence by removal, or who have become disqualified by law. At least the registra­ tion fee of One Dollar should be abolished. Designed in a sweeping fashion to prf':vt:nt bribery, it has fallen so far short of its intent none do it reverence. On the contrary, political 91 parties generally in the State, by common repute, are compelled to make political provisions for this purpose, as a consant charge upon the ordinary campaign expenses. As nearly all the political parties of the State have express­ ed publicly theh desire for an amendment to the Constitution to effect this purpose, immediate steps should be taken without further delay. MILITIA. Under the capable command of the present Adjutant Genenl assisted by an able corps of subordinate officers, the National Guard of Delaware bas attained a highly credit"ble degree of military efficiency. Since the ·1ast appropriation for this arm of the public ser­ vice the National Guard have two eneampments, one at Rehoboth and the other at Cooch's Bridge, and, besides, have participated in the Military maneuvers in commemoration of the Battle of Bull Run. On each of theses occasions the conduct of both officers and privates has been eminently satisfactory. Such a degree of dis· cipline has been so unequivocally demonstrated both in the matter of organization and in the establishment of a distinctive esprit de corps, as to place the National Guard of this State on a plane of fair equality with th: best in the country. The people of this State generally are highly favorable to the maintenance of this domestic military force.· The only com­ plaints that have arisen in the past have been when the appro· priations were illegitimately expended, and therefore the re· sults sought for were not obtained. This popular favor arises, because of the general recognition of the fact that well drilled and well disciplined troops, formed out of our own citizenship, and living in our minds, are a security not only to our domestic peace, when threatened by riots or defiance of[ublic authority, but at the same time, a necessary, efficient an patriotic supple• ment to national defense. I cordially recommend the most liberal appropriations for the maintenance of the National Guard of this State compatible with a due regard to other purposes. , FISH AND OYSTERS. I am unable to refrain from again calling your attention to the inextricable confusion and doubt existing as to the laws 92 enacted for the regulation and protection of the fish and oysters in waters belonging to the State, owing to the multiplicity of laws that have been placei upon the statute books in relation thereto. This matter demands primary consideration, inasmuch as it concerns the propagation and protection of one of the largest sources of food supply belonging to the people. It is infinitely more easy to allow the oyster beds to be devastated and destroy­ ed, and the fisheries to become sterile and barren by slothful neglect, and want of public interest, than it will be to restore their productivity when once lost. I recommend that a commission, carefully chosen, com­ posed of the most intelligent citizens, be created to report to the next General Assembly a uniform, reasonable, comprehensive, and plain bill for the purpose of having the same enacted into law, and if so done, that all oth{r laws relating to this subject by repealed. As the matter now stands it is doubtful whether, notwithstanding the grave importance of it, there is a single man in the State that has a clear comprehension of the laws now in force governing the fish and oysters in Delaware waters. CHRONOLOGICAL ARRANGEMENT AND BINDING OF ENROLLED BILLS. In accordance with the purpose and the appropriation made by the last General Assembly the Enrolled Bills from the year 1823 up to the present time have been collected together, ar­ ranged in chronoliogical order, and bound. Those of a prior date by reason of exposure were found to be in such a fragile condition that binding them was impossible. This long needed work has been done in a careful and well designed manner. not only placing original copies of Law in a condition for better preservation, but for more facile use as well. · I would recommend that the binding of these bills be made a matter of further obligation upon the Seceretary of State, and that the small amount necessary for this purpose be added to his contingent fund. JNTERSTATE RELATIONS. The attention of the General Assembly is specifically called to a suit now pending in the Supreme Court of the United States, in which the State of New Jersey is complainant and the State of Delaware defendant. It has been brought to 93 rletermine whether the State of New Jersey or the State of Del­ aware "ls the owner in severalty and in fee simple of the whole bed of the Delaware River lying within the compass or circle of twelve miles about the town of New Castle, in the State of Del­ aware. . . together with all the lands, island, soil, rivers, harbors, mines, minerals, marshes, waters, fishings, huntings, and fowlings,'' therein. A careful consideration should be given to this dispute with a distinct determination to speedily settle the controversy, either through the courts by demanding greater expedition in the prosceution of the suit, or, preferably by the appointment of a commission, with full powers to settle the issue by arbitra­ tion, with a like commission to be appointed by the State of New Jersey. It is within your province, as it is your duty, to determine whether, even in the event of a favorable decision, the victory would not be barren of good results. At least the well preserved continuance of this suit has been, and is likely to be, an ex­ tremely costly one for this State, thousands of dollars having already been expended in its prosecution. During the session of the last Legislature.the State of New Jersey. by formal com­ munication, made known its willingness to enter into an amica­ ble arrangement for a settlement of this suit, even to the extent of agreeing to the payment of a considerable sum of money as a b1sis of compromise. I strongly urge at that time that this method of settlement be accepted, and I again renew this sug­ gestion. In all other respects the Shte is at peace with neighboring States. Since my last message have made sixteen requisitions upon the Executives of other States, all of which were well and promptly honored, and have complied with seven demands for requisitions upon the Executive of this State. · PARDONS, REPRIEVES AND REMISSIONS. Obeying the Constitutional requirement I submit herewith a full account of the pardons, reprieves, and remissions granted by me, with the reasons therefor. REPORTS. The various reports of the several Departments of the State government are herweith submitted for the fuller information of the General Assembly. JOHN HUNN, Governor. 94 On motion of Senator Sparks the reports of the other State Officers with that of the State Librarian were spread upon the Journal as follows: (For Reports of State Officers see Appendix.) On motion of Mr. Sparks House Joint Resolution No. 4. Authorizing the appointment of a committee on the part of the Senate and three of the part of the House to arrange for the attendance of the respective bodies to the inauguration of Presi­ dent elect Roosevelt, was taken up for consideration, and, on his further motion, was read by parargaphs, in order to pass the Senate. On the question "Shall the R:solution pass the Senate?'' The years and nays were ordered which being taken were as follows: Years-Messrs. Barnard, Boyce, Houston, Jefferson, Latta, Lingo, Mendinhall, Monahan, Moore, D. 0., Moore, T. C., Pennewill, Reed, Rose. Smith, Sparks, Stirling, Mr. Speaker pro tempore. So the question was decided in the affirmative and the Joint resolution having received the required constitutional majority, was declared adopted. Ordered that the House be informed thereof, and the bill returned to that body. On motion of Senator Rose, House Joint Resolution No. 3 authorizing the Adjutant General to have printed his report, was read. And on his further motion action on the resolution was deferred until next day. On motion of Mr. Rose the bill, (Senate Bill No. r,) en· titled: An act to incorporate "The Newark Trust and Safe Deposit Company," was read a first time. On the further motion of Mr. Rose, Rule 14 was suspended as to this bill. And further on his motion the bill was read a second time, by its title, and referred to the Committee on Banking and Insurance. On motion of Mr. Rose the bill (Senate Bill No. 3). ea­ titled: An act "To provide against the Adulteration of Food and providing for the enforcement thereof was read a first time. On the further motion of Mr. Rose, Rule 14 was suspended as too this bill . And further on his motion the bill was read a second time , by its title, and referred to the Committee on Revised Statute. On motion of Mr. Rose, the bill, (Senate Bill No. 3), en- 95 titled: An act To enable the Governor to appoint an additional Notary Public for Wilmington Hundred New Castle County for the law office of Edward W. Coch. was read a first time. On the further motion of Mr. Rose, Rule 14 was suspended as to this bill. And further on his motion the bill was read a second time, by its title, and. referred to the Committee on Revised Statute. President of Senate appointed Senators Barnard and Rose as committee in accordance with House Joint Resolution No. 4. The following notices were read. Mr. Smith gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An Act to Regulate the Summoning and Returning of Juries. Mr. Rose gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An Act Author­ izing the Governor to appoint an additional Notary Public for Wilmington Hundred New Castle County, for the Law Office of Robert G. Harman. Mr. Sparks gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An act to exempt certain Lands and Tennents of all Charitable Day Mis­ sions for Babies from taxation for County purposes. Mr. Sparks gave notice that on to-morrow or some future day he wJuld ask leave to introduce a bill, entitled: An Act to exempt from taxation the Lands and Tennents of all Charitable Day Missions for Babies. Mr. Mendinhall gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled: An act to amend, the "Act to incorporate The Delaware Industrial School for Girls." Chapter 637, Volume 19,. Laws of Delaware. Mr. Mendinhall gave notice that tomorrow or some future day he would ask leave to introduce a bill, entitled: An Act to establish "The State Live Stock Sai1itary Board of Delaware" and to provide for the control and suppression of dangerous, contagious and infections diseases of domestic animals. Mr. Lewis Clerk of the Ho11se being admitted informed the Senate that the House had adopted and requested the concur­ rence of the Senate in the following Joint Resolution; House Joint Resolution No. 5, Authorizing the printing 96 committee to have printed Governor elect Lea's inaugural ad­ dress. On motion of Mr. Sparks House Joint Resolution No. 4 entitled: Joint Resolution authorizing the Printing Committee to ~ave printed Governor elect Lea's inaugural address, was taken up for consideration, and, on his further· motion, was read by paragraphs, in order to pass the Senate. On the ques­ tion, "Shall the Resolution p:;iss the Senate?" The yeas and nays were ordered, which being taken, were as follows: Years-Messrs. Barnard, . Boyce, Huston, Jefferson, Latta, Lingo, Mendinhall, Monaghan, Moore, D. C, Moore, T C, Pennewill, Reed, Rose, Smith, Sparks, Stirling, Mr. Sparker pro tempore. Nays-o So the question was decided in the affirmative, and resolu­ tion having re<'eived the required constitutional majority, was declared adopted. Ordered that the House be informed thereof, and the bill returned to that body.

On motion of Senator Sparks senate adjourned until 10.30 A. M., next day. ·

Friday Jan. 27th 1905, 11 o'clock, A. M. Senate md pursuant to a.4journment. Prayer by the Chaplain. Roll called. Members present-Messrs. Barnard, Boyce, Conner, Houston, Jefferson, Latta, Lingo, Mendinhall, Monaghan, Moore, T: C., Pennewill, Reed, Rose, Smith, Sparks, Stirling. Journal read and approved. Mr. Lingo A. B. gave notice that on to-morrow or some future day he. would ask leave to introduce a bill, entitled: An Act authorizing and directing the Levy Court of Sussex Canty to appropriate money for improving the county road from Millsboro to Wine's Comer. On motion of Mr. Rose the bill entitled An Act authoriz­ ing the Governor to appoint an additional notary public for Wilmington hundred New Castle Couny, for the offices of Robert G. Harmon, was read a first time. On further motion of Mr .. Rose Rule 14 was suspended as to this bill, and further on his motion the bill was read a secnd time, by its title, and referred too the committee on Revised Statutes. 97 On motion of Mr. Sparks House Joint Resolution No. 3 entitled: Joint Resolution authorizing the Adjutant General to have printed 500 copies of his report, 300 copies to be bound in cloth and 200 copies to be bound in paper. Was taken up for consideration, and, on his further motion was read by para­ graphs in order to pass the Senate. On the question "Shall the bill pass?'' the yeas and nays wt:re ordered, which being taken were as follows: Yeas-Messrs. Barnard, Boyce, Lingo, Pennewill, Reed, Rose, Sparks, Stirling, Mr. Speaker pro tempore. Nays-o. The question .was decided in the affirmative and the joint resolution having received the constitutional majority was declared adopted. Ordered that the House be informed thereof and the joint resolution returned to that body. On motion of Senator Sparks Senate adjourned until 11.30 A. M. Monday.

Monday, January 30, 1905, 11 o'clock, A. M. Senate met peursuant to adjournment. Prayer by the Chaplain. Roll called. Members present-Messrs Boyce,· Con­ ner, Houston, Jefferson Latta, Lingo, Mendinhall, Monaghan; D. 0., Pennewill, Rose, Smith, Sparks, Stirling. Journal read and approved.

On motion of Senator Sparks Senate takes recess until t I.J<;} . A. M., same day. Senate reassembles at expiration of recess. The following communication was received from committee on rules: · Dover, Delaware, January 30th, 1905. To the Honorable The President and Members of the Senate your Committee on Rules would respectfully submit the follow· ing as our report. D. 0. Moore.· V. H: Boyce. Thomas M. Monaghan. 98 Order of Business. r -Prayer by the Chaplain. :2-Roll Call. 3~Read:ing of the Journal. 4-Reports of Standing Committee. 5-Notices. 6~Bills for 1st Reading. 7~Bills for znd Reading. 8-Bills for 3-rd Reading. 9-:Miscellaneous Business. Rule 29- No bill shall be put upon its final passage on the day of its presentation nor in the absence of the member who in­ troduced the bill unless by his written consent. Rule :z7-A1l bills shall be calendared by the Cerk and each member shall be furnished daily wi'.h a calendar. Rule 8 -Every Committee shall report within five days of actual session of the Senate, from the time of their appointment, or furnish reasons why a report has not been made, on all bills which shall have been referred to the respective committee. On motion of Senator Monaghan the rules of last session were read with the above amendments: and further on his motion the rules as read and amended were adopted. The following notices were read. Mr. Smith gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An Act to enable the Governor to appoint an additional Notary Public for Wilmington Hundred, New Castle County, for the law offices of Alexander B. Cooper. Mr. Smith gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An Act Authoriz­ ing the Governor to appoint an additional Notary Public for Wilmington Hundred, New Castle County for the office of George W. Dorsey, Jr., Public Stenographer. Mr. Sparks gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An Act for the protection of persons upon engines, tenders, cars, trucks, or other vehicles upon any Railroad or Railway in this State. Mr. Smith gave notice that on tomorrow or some future day he would ask leave to' introduce a bill, entitled: A Supplement 99 to the O Act entitled an act to Incorporate the City or New Castle, published in Volume 15 Laws of Delaware, at page 255 and &c., and refating to the laying out and opening new streets in said city. Mr. Latta gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An Act to pre• vent Carp Fishing in the Delaware Bay and its tributaries, dur• ing the months of July and August, 1 of each year. On motion of Senator l\foore, D. 0,, the following resolution was adopted: Resolved that the Printing Committee be author­ i7:ed tu have sufficient number of booj.{s printed containing- com• mittees, rules and all other date embodied in Book of Rules as .issued hy the last session of the General Assembly, and in ad· dition the Rules governing Executive Session. On motion of Senator Pennewill the rules of executive ses• sion of last session were adopted.

On motion of Senator Sparks Senate takes recess until 2 p, m., same day.

Senate reassembles pursuant to recess 2.40 p. m. 1 same day. Mr. Conner presented a concurrent resolution entitled: Re• solved that the House of Representatives be requested to appoint a committee of three to act with a committee of two of the Sen· ate to frame resolutions of approbation and thanks for courtesies extended by the officials and citizens of the city of Wilmington which, on his motion, was read. Mr. Conner moved that the joint resolution be adopted; which motion prevailed. On motion of Mr. Lingo, the bill, (Senate Bill, No. 5,) en­ titled: An Act authorizing and directing the Levy court of Sus• sex County to appropriate money for improving the county road from Millsboro to Wines Conner, was read a first time. On the further motion of Mr. Lingo, Rule 14 was suspended as to this bill. And further on his mot' on the hill was read a second time, by· its title, and referred to the Committee on Public Buildings and Highways. · · On motion of Mr. Mendinhall, the bill, t Senate Bill No. 6,) entitled: An Act to amend Chapter 134, Volume 22, Laws of Delaware, entitled an act to amend Chapter 239, Volume 21 100 Laws of Delaware entitled, an act to amend Chapter 449 Volume 20 Laws of Delaware, entitled an act to amend Chapter 937 Volume 19 Laws of Delaware entitled an act to Incorporate the Delaware Industrial School for Girls. On the further motion of Mendinfla1l Rule 14 was suspended as to this bill, was read a second time, by its title, and referred to the Committee on Finance. The following notices were made: Mr. Smith gave notice that on tomorrow or some future day he would ask leave to in­ troduce a bill, entitiled ! An Act providing for Suits by or against the Levy Courts of the several Counties of this State. On motion of Senator Rose the following communication was read and accepted. Honorble David C. Rose, State House, Dover, Delaware. Dear Sir :-I would ask on behalf of the Board of Trade of this City that you would arange a meeting of the members of the Senate, at two o'clock on the afternoon of Tuesday the 31st. instant, in order that there may be presented before your Honor­ al;>leBody a joint resolution requesting the Congress ot the United States to pass House Joint Resolution No. 137, which provides for an appropriation for the survey and examination of the Chesapeake and Delaware Canal, looking towards making it a deep sea canal, in charge of the Federal Government. I have written to Mr. Denney, asking him to arrangesothat the members of the House will be presertt with you at the same time. Very respectfully, THOMAS F. BAYARD. Secretary, Board of Directors, Wilmington Board of Trade. Mr. Lewis, Clerk of the House, being admitted, informed the Senate that the House had adopted and requested the con­ currence of the Senate in the following joint tesolutions: House Joint Resolution No. 7 Resolved by the Senate and House of Representatives in General Assembly met that a com­ mittee of two of the Senate and three of the House be appointed to make arrangements for the visits of the respective bodies to Delaware College and the New Castle County Work House on Taursday, February 2nd, next. IOI Mr. Lewis Clerk of the House being admitted informed the senate that the house had passed and requested the concurrence of the Senate in the following Joint Resolution. House Joint Resolution No. 6, prodviing for the appoint­ ment of council for the General Assemoly. Mr. Sparks asked that House Joint resolution,· No. 6, en­ titled: House Joint Resolution No 6. Be it resolved by the House of Representatives and Senate of the State of Delaware met, that James M. Satterfield, Francis M. Walker and Albert Polk attorneys at law be and they are hereby chosen as council for General Assembly for and during the Ses­ sion, A. D. 1905 was read: On motion of Senator Sparks the resolution was amended House Joint Resolution Providing for the appointment of council for the General Assembly. Mr. Sparks, moved that the joint resolution be adopted, as amended on the question, "Shall the joint resolution be adopt­ ed?'' The yeas and nays were ordered, which being taken were as follows: Yeas--Messrs. Boyce, Houston, Jefferson, Latta, Lingo, Mendinhall, Monaghan, Moore, D. 0., Pennewill, Reed, Rose, Smith, Sparks, Stirling, Mr. Speaker pro tempore-15. Nays-None. So the.question was decided in the affirmative, and the joint resolution havig received the required constitutional majority, was declared adopted. Ordered that the House be informed and the joint resolution returned to that body. On motion of Senator Rose action on House Joint Resolu­ tion No 7, entitled: Resolved by the Senate and House of Representatives in General Assembly met, that a committee of two on the part of the Senate and three on the part of the house be appointed to make arrangements for the visits of the respective bodies pf Dela­ ware College and the New Castle County Work House on Thup,­ day, February 2nd, next, was deferred until next day. On motion Senator Sparks Senate adjourned until 10,45 A. M., next day. 102

Tuesday, January 31st, 1905, 10.50 o'clock, A. M. Senate met pursuant to adjournment. Prayer by the Chap­ lain. Rolled called. Members present-Messrs. Barnard, Boyce, Conner, Houston, Jefferson, Latta, Lingo, Mendinhall, Mona­ ghan, Moore, D. 0., Moore, T. C., Pennewill, Reed, Rose, Smith, Sparks, Stirling. Journal read and approved. Mr. Sparks asked that House joint resolution, No. 7, entitled: House Joint Resolution No. 7, Resolved that commit­ tees of two on part of Senate and three of part of House arrange to visit Work House and Delaware College, be read. Mr. Sparks moved that the joint reslolution be adopted. On the question, ''Shall the joint resolution be adopted?'' The yeas and nays were ordered, which being taken, were as follows: Yeas-Messrs. Barnard, Boyce, Houston, Jefferson, Latta, Lingo, Mendinhall, Monaghan, Moore, D. 0., Moore, T. C., Pennewill, Reed, Smith, Sparks, Stirling, Mr. Speaker pro tempore.-16. Nays-None. So the question was decided in the affirmative and the joint resolution having received the required constitutional majority, was declared adopted. Ordered that the House be informed thereof, and the joint resolution returned to that body. Mr. Sparks asked that Senate Joint resolution, No. 1, en­ titled: providing for the auditing of the accounts of the various State officers be read. Y.r. Sparks moved that the joint resolution be adopted. On the question, , · 'Shall the joint resolution be adpopted ?'' The yeas and nays were ordered, which being taken, were as follows: Yeas-Messrs. Barnard, Boyce, Houston, Jefferson, Latta, Lingo, .Mendinhall, Monaghan, Moore, D. 0., Moore, T. C., Pennewill, Reed, Rose, Smith, Sparks, Stirling, Mr. Speaker pro tempore.-16 .. Nays-Mr. Jefferson,--1. So the question was decided in the affirmative, and the joint 103 resolution having required constitutional majority, lwas declared adopted. Ordered to the House for concurrence. On motion of Senator Conner the report of Insurance Com­ missioner was spread upon the minutes (see appendix). The following notices were read. Mr. Monaghan gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An Act to enable the Governor to appoint an additional Notary Public for Wilmington Hundred, New Castle Coµnty, for the Law offices of David T. Marvil. Mr. Monaghan gave notice that on tomorrow or some future day he would ask leave to introduce a bill,entitled A :n Act to enable the Governor to appoint an additional Notary Public for Wilmington Hundred, New Castle County, for the Real Estate offices of Owen J. Hession. . Mr. Monaghan gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An act lim­ iting the rate of interest to be charged by personsorcoroorations doing a business of advancing loans of money on household goods, salaries etc, within the State of Delaware. Mr. Barnard gave notice that on tomorrow or some future day would ask leave to introduce a bill, entitled: "An Act to reincorporate the town of Wyoming." On motion of Mr. Sparks the bill, (Senate Bill No. 7,) entitled: An act prodviding for the protection of persons upon engines, tenders, cars, trucks, or other vehicles upon any Rail­ road or railway in this State, was read a first time. On the further motion of Mr. Sparks, Rule 14 was suspended as to this bill. And further on his motion the bill was read a second time, by its title, and referred to the Committee on Re­ vised Statute. On motion of Mr. Moore T. C., the bill, (Senate Bill No. 8,)entitled: An act to amend Chapter 36 of volume 16 Laws of Delaware ,Increasing the amount that may be raised by taxation for school purposes, by the Public Schools of the town of Smyrna, was read a first time. On the further motion of Mr. Moore, T. C., Rule 14 was suspended as to this bill. And further on his motion the bill was read a second ti:me, by its title, and referred to the Committee on Education. Mr. Lewis, Clerk of the House, being admitted, informed 104 the Senate that the House had concurred in the following joint resolutions: Senate Joint Resolution No. 1, Senate Joint Reso­ lution providing for auditing the accounts of the various State Officers and Institutions. Be it resolved by the Senate and House of Representatives of the State of Delaware in General Assembly met: Resolved that the Committee on accounts of the Senate on the part of the Senate and the committee on accounts of the House on the part of the House be directed to audit the accounts of all State Officers and Institutions. That they shall employ ex­ pert assistance and shall report to the General Assembly on or before the __twentieth day of February A. D., 1905. ANNOUNCEMENT. The Senate printng committee will m~et the same commit­ tee of House in Parlor State House at 1 p. m. same day.

On motion Senator Sparks Senate takes recess until 2 p. m., same day.

Senate reassembles at expiration of recess 2 P. M., same day. On motion Senator Rose Senate takes recess until 3 o'cloc~ P. M., same day. · Senate reasssembles at expiration ofrecess 3 P. M., same day. Mr. Lewis, Clerk of the House, being admitted, informed the Senate that the House had passed and requested the ron­ currence of the Senate in the following House bills: H. B. No. 19 entitled: An Act to amend Chapter 99 Vol. 22 Laws of Delaware, entitled "An Act to re-enact tbe Insurance Laws of Delaware in order to make them conform with the requirements of the amend­ ed constitution and of the General Corporation Laws. And repsented the same to the Senate. On motion of Mr. Moore D. 0., the bill, (H. B., No. 19,) entitled: An act to amend Chapter 99, Volume 22 of the Laws of Delaware, entitled "An act to re-enact the Insurance Laws of Delaware in order to make them conform with the requirements of the amended Constitution and of the General Corporation Law," was read a first time . On the further motion of Mr. Moore D. 0., Rule 14 was suspended as to this bill. And further on his motion the bill was read a second time, by its title, and referred to the Committee on Banking and Insurance. 105 On motion of Senator Sparks Senate takes recess until I I A. M., next day. Wednesday Feb. 1st 1905,11 o'clock, A. M. Senate met pursuant to adjournment. Prayer by the Chap­ lain. Roll called. Members present-Messrs. Barnard, Boyce, Conner, Houston, Jefferson, Latta, Lingo, Mendinh1ll, Mona­ ghan, Moore, D. 0., Moore, T. C. Pennewill, Reed. Rose, Smith, Sparks, Stirling. Journal read and approved. Mr. Lewis, Clerk of the Hou,e, being admitted, informed the Senate tha~ the House had adopted and requested theco:1cur­ re11ce of the Senate in the following joint resolutions with amendment, Amendms, by the commissioners of the town of Camden. Mr. Stirling gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An act pro­ pos;ng an c:meudment to chapter five of the Constitution of the State of Delaware. Mr. Moore, D. O., gave notice that on tomorrow 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 Little Creek Hundrea, Sussex County whose duties shall be confined to the business of The Peoples National Bank of Laurel Mr. Commer gave notice that on tomrrow or some future day he would ask leave to introduce a bill, entitled: An act to am­ end Chapter 99, Volume 22 Laws of Delaware. entitled "An act to Re-enact and Revise the Insurance Laws of Delaware. in order to make them conform with the requirements of the Amended Constitution and of the General Corporation Law." Mr. Sparks gave notice that on tomorrow or some future day he would ask leave to introduce a hill, entitled: An act pro­ ,iding for the collection of a claim against the United States of America. Mr. Barnard gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An act empowering the Governor to appoint a Notary Public, for the Baltimore Trust Company at Can1den, Del. Mr. Sparks gave notice that on tomorrow o,r some future day he would ask leave to introduce a bill, entitled: An act toam2nd an act entitled "An act to Revise and Consolidate the Statutes relating to the City of Wimington being Chapter zo7, Volume 17, Laws of Delaware, exempting from taxation for Municipal purpose~. the Iand<;,and tenement.<; of all non-sectanan Charitable Young Women's Christian Association. Mr. Pennewill gave notice that on tomorrow or some future day he would ask leave to introduce a hill, proposing an amend­ m211t to Section 4 of Article 5 of the Constitution of th:is Slate by striking out of said section, all thereof which requires the · payµient of money as-a qualification to Register. 107 On motion of Mr. Monaghan the bill, (Senate Bill No. 9,) entitled: An act to enable the Governor to appoint an additional Notary Public for the Law offices of David T. Marvel Wilming­ ton Hundred New Castle County, was read a first time. On the further motion of Mr. Monaghan, Rule 14 was suspended as to this bill. And further on his motion the billl was read a second time, by its title, and referred to the Committee on Revised Statute. On motion of Mr. Moore, D. 0, the bil. (Senate Bill No. rn,) entitled: An act designating a permanent voting place in 1st election 6 Representative District Sussex County was read a first time'. On the further motion of Mr. Moore, D. O., Rule 14 was suspended as to this bill. And further on his motion the bill was read a second time, by its title, and referred to the Com­ mittee on Revised Statute. President of the Senate appointed Messrs. Pennewill and Latta as rnmmittee in accordance with Senate Concurrent Reso­ lution relating to employment of typewritist.

On motion of Senator Stirling Senate takes recess until 2 p. m., same day.

Senate reassembles at expiration of recess 2 p. m., February 1st, 1905 Mr. Conner presented a concurrent resolution entitled: Reso­ lved that the House of Representatives be requested to· appoint a committee uf three to act with a committee of two of the Senate to frame resolutions of appreciatio_n and thanks for courtesies extended by the officials and citizens of the city of Wilmington, which, on his motion. was read. Mr. Conner moved that the joint resolution be adopted, which motion prevailed, Mr. Sparks asked that House Joint resolution, No. 7, en­ titled: Resolved that the Congress of the United States be asked to pass House Joint Resolution No. 137 authorizing the Presi­ dent to appoint a commission and appnpriating $10.000.00 for the expenses of making a preliminary report of the Delaware Canal be read. Mr. Conner moved that the joint resolution be adopted. On the question, "Shall the joint resolution be adopt· ed ?" The yeas and nays were ordered, which being taken, were as follows: Yeas-Messr~. Boyce, Jefferson, Lingo, Reed, Rose, Smith, I08 Sparks, Stirling, Mr. Speaker pro tempore.-9. Nays-None. So the question was decided in the affirmative, and the joint resolution having received the required constitutional majority, was declared adopted. Ordered that the House be informed there­ of, and the joint resolution returned to that body. Mr. Lewis Clerk of the House_ being admitted, informed the Senate that the House had adopted and requested the con· currence of the Senate in the following joint resolutions~ House Joint Resolution No. 7, Resolved that the CongreS6 of the United States be asked to pass House Joint Resolution No. 13,7 authorizing the President to appoint a commission and appropriating $10,000 for the expenses of making a preliminary report of the Delaware Canal. Hottse Joint Resolution, Where­ as the army and naval officers of the United States have long rec­ ognized the necessity for such a waterway to facilitate the na­ tional and coast defense, under the protection of the forts on the Delaware enabling the fleet on one bay to reinforce that on the other by a quick, safe, inland, route without engaging single handed the enemy comhined squadron in the event of hostile atta<'k aud When:as:, it win afford quiet passage for torpedo boats and other crafts of each bay to and from all the navy yards dry docks and. stations on both bay and the supply of powder and cool now so largely concentrated along these great central waters, and Whereas, the greater security of our country's capital is alone sufficient to excite the patriotism and pride of the entire people to demand the small appropriation required about the cost of one battle ship, this ship canal would not only facilitate the operation of our defensive vessels so as to reduce the numbers required in these harbors, but it will also be a great boom to the: vast co;t wise c~:nm=rce b.:tw.:en the north and the south, now therefore be it Rt'solV(d by the Senate and the House of Representatives of the State of Delaware in General Assembly met: That the Con­ gress of the United States be and it hereby . is memoralized to provide for the constructon of the Delaware Ship Canal as an open free tide level waterway connecting Delaware River and Chesapeake Bay of sufficient width and depth to accommodate the largest naval and commercial vessels and at the earliest possibl~ time; and be it further 109 Resolved that it is especially deserved that the pending House Joint Resolution No. 137 reported favorable and now on the House calender, authorizing the President to appoint a com­ mission to furnish Congress with the necessary preliminary in­ formation and appropriating $10.000,00 for the purpose be pass­ ed this session, so that Congress may be in position to consider the main project during its next session. On motion of Mr. Smith, the bill, (Senate Bill No, II,) entitled: An act providing for suits by or against the Levy Court5 of the several counties of the State, was read a first time, On the further motion of Mr. Smith, Rule 14 was suspended as 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. On motion of Mr. Smith, the bill, (Senate Bill No. 12,) en­ titled: An act to enable the Governor to appoint an additional Notary Public for Wilmington Hundred, New Castle County, for the law offices of Alexander B. Cooper was read a first time. On the further motion of Mr, Smith, Rule 14 was suspended as to this bill. And further on his motion the bill was read a sec­ ond time, by its title, and referred to the Committee on Revised Statutes. On motion of Mr. Smith, the bill (Senate Bill No. 13,) entitled :An act authorizing the Governor to appoint an ad­ ditonal Notary Public for Wilmington Hundred, New Castle County for the law office of George W. Dorsey, Jr., Public Stenographer, was read a first time. On the further motion of Mr. Smith, Rule 14 was suspended as to this bill. And further on his motion the bill was read a second time, by its title, and referred to the Committee on Revised Statutes, On motion Senator Monaghan Senate adjourns until 10.30 a. l!l.,, Friday February 3. Friday February 3rd, 1905, II o'clock, a. m. Senate met pursuant to adjournment. Prayer by the chaplain. Roll called. Members present-Messrs, Barnard, Boyce, Conner, Houston, Jefferson, Latta, Lingo, Mendinhall, Mona­ ghan, Moore, D. 0,, Moore, T. C., Pennewill, Reed, Rose, Smith, Sparks, Stirling. Journal read and approved, Mr. Mendinhall on behalf of the Committee on Education to whom had been referred the bill, (Senate Bill No. 8,) entitled: IIO An act to amend Chapter 366 of Volume 16, I,aws of Delaware, Increasing the amount that may be raised by Taxation for School purposes, by the Public Schools of the Town of Smyrna, reported the same back to the Senate favorably. Mr. Moore of the printing committee presented the follow­ ing report. Entitled: Report of the Senate Committee on printing, ac­ companied by Resolution providing for the printing of all mat­ ters pertaining to the General Assembly , which was read. On motion of Senator Sparks the Board of Attorneys were requested to appear in the Senate Chamber and give their opin­ ion as to the difference between a joint and a concurrent Reso­ lution. On motion of Senator Monaghan the attorneys were request­ ed to prepare a con--urrent resolution embodying the substance of the committee's report and resolution. The following notices were read: Mr. Moore , D. o., gave notice that on tomorrow or some future day he would ask leave to introduce bill, entitled: An act to authorize the school board of Laurel to increase the levy of taxes for school purposes. Mr. Sparks gave notice that on to­ morrow or some future day he would ask leave to introduce a bill, entitled: An act for the relief of the Delaware Hospital in the city of Wilmington. Mr. Sparks gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An act to repeal Chapter 646, Volume 19, Laws of Delaware entitled: 'An act to further amend Chapter 418 Volume 14 Laws of Delaware relat­ ing to the sale of intoxicating liquors. Mr. Smith gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An act to create and permanently improve a State Road. Mr. Sparks gave notice that on tomorrow or some future day be would ask leave to introduce a bill, entitled: An act in relation to Notaries Public.

Mt. Smith gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An act to create a new Rlection District to be designated the Fifth Election l II District of the Tenth Representative District of New Castle County. Mr. Sparks gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An act to repeal Chapter 646, Volume 19, Laws of Delaware. Mr. Sparks gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An act pro­ viding for the punishment of certain crimes and misdemeanors. Mr. Sparks gave notice that on tomorrow or some future day hp would ask leave to introduce a bill, entitled: An act authorizing the appointment of a Notary Public for Wilmington Trust Company. Mr. Reed gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An act to Repeal Chapter 380 of Volume 22 of the Laws of Delaware entitled: "An act to provide for the permanent improvement of the public highways in the State of Delaware." On motion of Mr. Sparks, the bill, (Senate Bill No. 14,) enttled: An act providing for the collection of a claim against the United States of Amnica, was read a first time, On the fur­ ther motion of Mr. Sparks, Rule 14 was suspended to this bill. And further on his motion the bill was read a second time, by its title, and referred to the Committee on Finance. On motion of Mr. Conner, the bill, (Senate Bill, No. 15,) entitled: An act to amend Chapter 99, Vol­ ume 22, Laws of Delaware, entitled, An act to re­ enact and revise the Insurance Laws of Delaware in order to make them conform with the requirements of the amend­ ed Constitution and of the General Corporation Laws, was read a first time. On the further motion of Mr. Conner, Rule 14 was suspended as to this bill. And further on his motion the bill was read a second time, by its title, and referred to the Commit­ tee on Revised Statutes. On motion of Mr. Pennewill, the bill, (Senate Bill No. 16,) entitled: An act proposing an amendment to section 4 of article 5 of the Constit11tion of this State by striking out of said election all thereof which requires the payment of money as a qualifica­ tion to register, was read a first time. On the further motion of Mr. Pennewill, Rule 14 was suspended as to this bill. And fur­ ther 011 his moton the bill was read a second time, by its title, and referred to the Committee on Revised Statute. Il2 On motion of Mr. Mendinhall, the bill, (Senate Bill No. 17, entitled: An act to establish the St:ite Live Stock Sanitary Board of the State of Delaware, and providing for the control and suppression of danger­ ous contagiou_s or infectious diseases of domestic animals, was read a first time, On the further motion of Mr, Mendin-. hall, Rule 14 was :;uspended 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, Lewis, 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 bill: House Bill No. 44 entitled: An act appropriating nine hundred and fifty dollars to defray the expenses of "Inaugurat­ ing the Governor and Lieutenant Governor.

On motion of Mr. Smith, the bill, (Senate Bill No 1 8,) entitled: A supplement to the act entitled, An act to Incorporate the city of New Castle" publ'shed in Volume 15 Laws of Dela­ ware, at Page 255 and etc, and relating to the laying out and opening new streets was read a first time. On the further mo­ tion of Mr. Smith, Rule 14 was suspended as to this bill. And further on his motion the bill was read a second time, by its title, and reterred to the Committee on cities and towns.

On motion Senator Sparks Senate takes recess until 2 p. m., same day.

Senate reassembles at expiration of recess 2 p, m,, same day.

On motion of Mr. Sparks, the bill, Senate Bill No. 19, en­ titled: An act to amend an act entitled: "An act to revis,~ and consoildate the statutes relating to the city of Wilmington being Chapter 207 Volume 17 Laws of Delaware exempting from t:ixa­ tion the lands and tenements of all charitable day nurseries for babies was read a first time. On the further motion of Mr. Sparks Rule I4 was suspended as to this bill. And forth er on his motion the bill was read a second time, by its title, and referred to the Committee on Revised Statute. On motion of Mr. Sparks, the bill, (Senate Bill No. 20,) entitled: An act to exempt certain lands and tenements of all Charitable Day Nurseries for babies, from taxation for county purposes, was read a first time. 113 On tbe further motion of Mr. Sparks, Rule 14 was suspend­ ~d as to this bill. And further on his moti011 the bill was read a second time, by its title, and referred to the Committee on Re­ "vised Statutes. On motion of Mr. Sparks, the bill, (Senate Bin, No. 21.,) entitled: An ~ct to amend an act entitlecf: "An act to revise and consolidate the statutes relating to the city of Wilmington being Chapter 2.70 Volume I 7 L 1w.s of Dc:laware exem;Jting from taxation for municip<'ll purposes the lands and tenements of :all non-sec'tarian Charitable Young Women's Cluistiau Assu­ dations was reatl a first time. On the furt.l1er motion of Mr. Sparks, Ru.le 14 was st1spend· ed as to this bill. And further on his motion the bill was read :a second time, by its title, and referred to the Commttee on Revised Statute. On motion of Mr. Sparks, the bill, (Senate Bill No. 22,) entitled.: An act to exempt certain lands and tenements of all non-sectarian, Charitable Young Women's Christian Associa­ tions from taxation for county purposes, was read a first time. On the further motion of Mr. Sparks, Rule I4 was sus­ pended as to this bill. And further oa his motion the bill was read a second time, by its title, and referred to the Committee 011 Revised Statute. · On motion of Mr. Moore, D. O., the bill, (Senate Bill, No, 23,) entitled: An act authorizing the Governor to appoint m1 additional Notary Public for Little Creek Hcrndred Su'is~x: County, whose duties shall be confined to the business of The People's National Bank of Laurel, was read a·first time. On the further motion of Mr. :\1oore, D. Q., Rule 14 was suspended as to this bill, And further on his motion the bill was read a second time, by its title, and referred to the Committee on Banking and Insurance. On motion of Mr. Latta, the bill, (Senate Bm No. 24,) entitled: An act. to prevent carp fishing in the Delaware Bay :and its tributaries during the months of July and August of each years, was read a first time. On the turther motion of Mr. Latta, Rule 14 was 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 Fish, Oysters and Game. II4 Mr. MendinhaII asked that Senate Joint resolution, No. z, entitled: Joint Resolution authorizing the o·overnor to collect from the United States money d11e the State of Deiaware, be read. Mr. Meudinhall moved that the joint resolution be adopt­ ed. On the question, "Shall the joint resolution be adopted?" The yeas and nays were ordered, which being taken, were as follows: Yeas-Messrs. Jefferson, Latta, Mendinhall, Monaghan, Moore, D. O., Moore. T. C., Reed, Rose, Smith, Sparks. Stirl­ ing, Mr. Speaker pro tempore.-12. Nays-None. So the question was decided in the affinnative, and the joint resolution having received the required constitutional ma­ jority, was declared adopted. Ordered to the House for con­ currence, On motion of Senator Smith the communication from the citizens of Arizo11a was read. On motion of Senator Sparks the communicat~on was re­ ferred to committee on Revised Statute. On motion of Mr. Pennewill, the bill (House Bill, No. 44,) entitled: An act appropriating money to defray the expenses of the Inauguration of the Governor, was read a first time.

And on motion of Senator Sparks the same was returned to House for correction. Mr. Rose moved that the Senate as a body visit Farnhurst Thursday next leaving Dover 12.59 o'clock, which motion prevailed. On motion Senator Moore, T. C., the senate adjourned until Monday F"'l:miary 6th, at 11 a. m.

Mondav February 6, 1905, II o'clock a. m. Senate met pursuant to adjournment. Prayer by the Chaplain. Roll called. Members present-Messrs. Barnard, Boyce, Conner, Houston,. Jefferson, Latta, Lingo, Mendinhall, Mona­ ghan, Moore. D. O., Moore, T. C., Pennewill, Reed, Rose, Smith, Sparks, Stirling .. Journal read and approved. IIS Mr. Pennewill of the committee to employ typewritists, re­ ported that the typewritists had been employed. On motion of Senator Menclinball the report was accepted. Mr. Conner on behalf of the Committee on Revised Statute to whom had been referred the bill, (Senate Bill No. 7,) entitled: An act for the protection of person's upon engines, tenders, cars trucks or other ,·ehicles upon any railroad or railway in the State. Reported the same back to the Senate favorably. The fol­ lowing notices were read: Mr. Monaghan gave notice that on tomurrow or some future day he would ask leave to introduce a bill, entitled: An act giving the Municipal Court of the city of Wilmington, jurisdic· tion in relation to carrying conceillcd deadly weapons. Mr. Monaghan gave notice that on tomorrow or some future (iay he ,vould ask leave to intro~uce a bill, entitld: An act authorizing the Governor to appoint an addition! Notary Pub· lie for Wilmington Hundred, New Castle County for the office of Christopher J O'Keefe. Mr. Jefferson gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An act to re-incorporate the town of Milton. Mr. Jefferson gave notice that on tmorrow or some future day he would ask leave to introfoce a bill, entitled: An act in relation to changing the Text Books in our Public · Schools, Mr. Jefferson gave notice that on tomorrow or some future day he would ask leave to introduce a bill, en.titled: An act to amend The Game I.aw for Sussex County. Mr. MoorP, D. o., gave notice that on tomrrow or some f'..1ture day he would ask leave to introduce a bill, entitled: An act to protect woodland owners from pillage and fraud. Mr. Pennewill gave notice that tomorrow or some future day he would ask leave to introduce a bill, entitled: An act to amend Chapter 51, Volume 21, Laws of Delaware, entitled "An act in relation to the salary of the Governor. Mr. Stirling gave notice that on tomotrow or some future day he would ask leave to introduce a bill, entitled: An act in relation to peddlers within the county of New Castle. rr6 ]\fr. Stirling gave notice that on tomorrow or some future day he would ask leave to intro:luce a bill, entitled: An act in relation to the inspection of coal oil in New Castle County. On motion of Mr. Bamard, the bill, (Sena:te Bill No. 25,) e,1titled: An act authorizing the appointment of a Notary Public for the "Baltimore Trust Company,' at Camden, Dela­ ware, was read a first time. On the further motion of Mr. Barnard, Rule r4 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 Revised Statute. On motion of Mr. Sparks, the biII, (Senate BiP No. 215,) entitled: An act to amend Section z, Chapter 642, Volume 18, L'lws of Delaware, eatitled an act to re-incorporate the town of Camden, passed at Dover, March &, 1889 by increasing the amount of taxes which may be raised by the town Commission­ ers, was read a first time. On the further motion o.f Mr. Barnard, Rule 14 was sus-­ pe:led as. to this bill. And further on his motion the bill was read a second time, by it-;. title, and referred to the Committee 011 Revised Statute. On motion of Mr. Barnard, the bill. Senate Bil! No. 27, entitled: An act to re-incorporate the town of Wyoming, was read a first time. On the further motion of Mr. Barnard, Ru.le 14 was sus­ pended as to this bill. And further on his motion the bill was read a St coud time, by its title, and referred to the committee 011 cities and towns. On motion of Mr. Sparks, the bill, (Senate Bill No. 28,) entitled: An act authorizing the appointment of a Notary Pub­ lic for Wilmington Trust Company, was read a first time. On the further motion of Mr. Sparks, Rule 14 was sus­ pended as to this hill. And further on his motion the bill was. read a second time, hy its title, and referred to the Committee on Revised Statutes. On motion of Mr. Sparks, the bill, (Senate Bill No. 29, entitled: An act to Repeal Chapter 646, Volume 19, Laws of Delaware, entitled, An act to further amend Chapter 418, Volume 14, Laws of Delaware, relating to the sale of Intoxicat­ ing Liquors, was read a first time. 117 On the further motion of Mr. Sparks, Rule 14 was 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 Re­ vised Statute.

On motion Senator Sparks Senate takes recess until 2 p. m., same day.

Senate reassembles at expiration of recess 2 p. m., February 6, 1905. On motion of Mr. Smith, the bill, (Senate Bill No. 30,) entitled: An act to regulate the Drawing, Summoning, Return­ ing and Service of Juries, was read a first time. On the further motion of M. Smith, Rule 14 was 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 Judi­ ciary. On motion of Mr. Sparks, the bill, (Senate Bill No. 7,) entitled: An act for the protection of persons upon engine tenders, cars, trucks or other vehicles upon any railroad or railway in this State, was taken up for consideration, and, on his further motion, was read a third time, by paragraphs, in order to pass the Senate, On the question, ''Shall the bill pass the Senate?'' The yeas and nays were ordered which being taken, were as follows Yeas-Messrs. Barnard, Boyce, Houston, Jefferson, Latta, Lingo, Mendinhall, Monaghan, Moore, D. O., Moore, T. C., Pennewill, Reed, Rose, Smith, Sparks, Mr. Speaker pro tem­ pore-16. Nays-None. So the question was decided in the affirm­ ative and the bill having received the required constitutional majori~y, passed the Senate, ordered to house for concurrence. On motion of Mr. Monaghan Senate Joint Resolution No. 2 was reconsidered. Mr. Monaghan moved that the joint resolution be adopted, The years and nays were ordered, which being taken were as follows: Yeas-None. Nays-Messrs. Barnard, Boyce, Houston, Latta, Lingo, II8 Mendinhall, Monaghan, Moore, D. 0., Moore, T. C., Penne­ will, Reed, Rose, Smith, Sparks, Stirling, Mr. Speaker pro tempore.-16. So the question was decided in the negative. and the joint resolution not having received the required constitutional ma­ jority, was declared not adopted. Ordered that the House be in­ formed thereof, and the joint resolution returned to that body On motion of Mr. Moore, T. C., the bm, (Senate Bill No. 8,) entitled: An act to amend Chapter 366 of Volume 16, Laws of Delaware, increasing the amount that may be raised by taxa · tion for school purposes, by the Public Schools of the town of Smyrna, was taken up for consideration, and, on his further motion, was read a third time, by paragraphs, in order to pass the Senate. On the question, "Shall the bill pass the Senate?" The yeas and nays were ordered, which being taken were as follows: Yeas-·MPssrs. Barnard, Boyce, Houston, Jefferson, Latta, Lingo, Mendinhall, Monaghan, Moore, D. 0., Moore, T C., P, nnewill, Reed, Rose, Smith, Stirling, Mr. Speaker pro tempore,-r6. Nays-None. So the question was decided in the affirm­ ative, and the bill having received the required constitutional majority, passed the Senate. Ordered to the House for concur­ rence. On motion of Mr. Conner, the bill, (House Eill No. 44), entitled :An act appropriating Nine Hundred and Fifty Dollars to defray expenses of Inaugurating the Governor and Lieutenant Governor, was read a first time. On the further motiou of Mr. Conner, Rule 14 was 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 Finance. The following notices were read: Mr. Sparks gave notice that on tomorrow or some future day he would ask leave to intro:iuce a bill, entitle:i: An act to further amend Chapter 495 of Volnme 17 of the Laws of Dela­ ware, entitled: "An act to Incorporate the Ferris Reform S2hool. Mr, Sparks gave notice that on tome>rrow or some future day he would ask leave to intro:iuce a bill, entitled: "A:1 act to II9 amend section 19 of Chapter 12 of the R~vised code in relation to collectors.'' Mr. Sparks gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: "An act to amend Chapter 4 of the Revised Code, Laws of Delaware, in relation to the publication of laws," Mr. Sparks gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An act to provide for the submission to the vote of the qualified electors of the city of Wilmington the question whether the manufacture and sale of intoxicating liquors shall be licensed or prohibited within the limits of said District. Mr. Mendinhall gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An act to provide for the submission to the vote of the qualified electors of New Castle Connty, exclush·e of the city of Wil­ mington, the ques'tion whether the manufacture and sale of intoxicating liquors shall be licensed or prohibited within the limits of said district. Mr. Sparks gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: An act relating to the Auditing of Books and Accounts of certain officers of New Castle County. Mr. Mendinhall gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: "An act to amend an act entitled "An act in relation to pleading and practice.'' Mr. Mendinhall gave notice that on tomorrow or some future day he would ask leave to introduce a bill, entitled: "An act to amend Chapter 282, Volume 22, Laws of Delaware, in relation to Assessors.'' On motion Senator Moore, D. 0,, Senate takes recess until 3· 10 p. m., same day. Senate reassembles at the expiration of recess. Mr. Sparks presented a joint resolution entitled: Senate Joint Resolution No. 3, Joint Resolution of the Senate and House of Representatives of the State of Delaware concerning the conduct and defence of the ~ction now pending in the su­ preme court of the United States in which the State of New 120 Jersey is complainant and the State of Delaware is defendent, which on his motion, was read, and further on his motion was referred to committee on Revised Statute. Mr. Lewis, Clerk of the House being admitted, informed the Senate that the House had passed and requested the con­ currence of the Senate in the following House bill: House Bill No·. 26 entitled: An act appropriating money to pay the expenses of attending the ceremonies of the Inauguara­ tion of the President, and presented the same to the Senate. On motion of Mr. Sparks, the bill, (House Bill No, 26,) entitled: An act to appropriate money to defray the expenses of attending the ceremonies of the inauguration of the President, , was read a first time. On the furth'!r motion of Mr. Sparks, Rule 14 was suspended as to his bill. And further on his mo­ tion the bill was read a second time, by its title, and referred to the Committee on Finance.

On motion Senator Smith Senate adjourned until 10.30 a. m., next day. February 7.

Tuesday, February 7th, 1905, 10.3Q o'clock, a. m. Senate met pursuant to adjournment. Prayer by the Chaplain. Roll called, Membel'S_ present-Messrs. Barnard, Boyce, Conner, Houston, Jefferson, Latta, Lingo, Mendinhall, Mona­ ghan, Moore, D. 0., Moore, T. C., Pennewill, Reed, Rose, Smith, Sparks, Stirling. Journal read and approved. On motion of Senator Pennewill Senate takes recess until 11 a. m., same day. Mr. Mendinhall on behalf of the Committee on Finance to whom had been referred the bill, (House Bill No. 44), entitled: An act appropriating Nine Hundred and Fifty Dollars to defray expenes of inaugurating the Governor and Lieutenant Governor. Reported the same back to the Senate favorably. Mr. Lewis, Clerk of the House, being admitted,informed the Senate that the House had passed· and requested the concurrence of the Senate in the following House bills:

House Bill No. 32 entitled: An act authorizing the Gover­ nor to appoint a Justice of Peace for North Murderkill Hundred, Seventh Representative District, in the town of Wyoming. 121 House Bill 31 entitled: Au act authorizing the Governor to appoint a Notary Public for North Murderkill Hundre:l, Seventh Representative District in the town of Wyoming And presented the same to the Senate. On motion of Mr. Moore, D. 0., the bill, (Senate Bill No. 31), entitled: An act to protect Woodland owners from pillage and fraud, was read a first time On the further motion of Mr. Moore, D. 0., Rule 14 was suspended as to this bill. And further on his motion the bill was read a second time, by its title, and referred to the Com· mitte on Vacant Lands. On motion of Mr. Sparks the bill, (Senate Bill No. 32,) entitled: An act to amend Chapter 4 of the Revised Code, Laws of Delaware, in relation to the publication of Laws, was read a first time. On the further motion of Mr. Sparks, Rule 14 was suspended as to this bill. And further on his motion the bill was read a second time, by its title, and referred to the Committee on Revised Statute. On notion of Mr. Sparks ,the bill, (Senate Bill No. 33,) entitled: An act to amend Section 19 of Chapter 12 of the Re· vised Code in relation to Collectors, was read a first time, On the further motion of Mr. Sparks, Rule 14 was 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 Re- vised Statute:. · On motion of Mr. Sparks, the bill, (Senate Bill No. 34), entitled: An act relating to the auditing of the books and ac­ counts of certain county officers of New Castle County, was read a first time. On the further motion of Mr. Sparks, Rule 14 was suspend· ed as to tl,is bill. And further on his motion the bill was read a second time, by its title, and referred to the Committee on Accounts. · On the motion of Mr, Sparks, the bill (Senate Bill No. 35), entitled: An a~t to .further amend Chapkr 495 of Volume 17 of the:Laws of Delaware, entitled: "An act to incorporate the Ferris Reform School", was read a first time, On the further motion of Mr. Sparks, Rule 14 was suspend­ ed as to this bill. And further on his motion the bill was read a 122 second time, by its title, and referred to, the Committee on. Jndiciary.

On motion of Mr. Sparks, the b-iII, (Senate BiII No. 36), entitled: An act to repeal Section 12 C. and 12 F. of Chapter 362,, Volume 6,. Laws of Delaware,. passed at Dover February 8th, 1826, being entitled: ··An act Providing for the Punishment of certain Crim.es and Misdemeanors'', as the same have been amended and now appear as Section II and 14 of Chapter 128 in what is known as "La IVs of Delaware,. Revised Code 1852 as amended, &c., 1893" and Chapter 151, Volume 16, L~ws of Delaware. Being an act passed at Dover March 13th, 1897 ,. and entitled: "'An act for the protection of Farmers, Fruit­ Grow, rs and Truckers>' ,md all act amendatory thereof, and to. enact a substitute therefor dividing the crime of larceny into two grades,. one a Felony and Grand Larceny, the other a Mis­ d::mea:nor and Petty Larceny;. and to provide for the pu.n ishment of both such grades of Larceny, and to give to the Municipal court of the city of Wilmington, exclusive original jurisdiction to hear, try and detem1ine all charges of Petty Larceny alleged to have been conmitted withiu the corporate limits of said city of Wilmington, with the right of appeal from said Municipal Court to the Court of General Sessions in and for New Castle County was read a first time.

On the further motion of Mr Sparks, Rule 14 _was suspend­ ed as to this bill. And further on his motion the bill was read a second time, by it5 title, and referred to the Committee on Re­ vised Statute..

On motion of Mr. Perrnewi!I, the bill, (Senate Birr No. 37 ), entitled: An act to amend Chapter 51, Volume 21, Laws of Delaware, entitled "An act in relation to the salary of the Gov­ ernor," approved March ro, 189,8, by increasing said salary, was. read a first time.

On the further motion uf Mr. MendinhalI, Rnie r4 was suspended as to this bill. And further on his motion the bill was read a second time, by its title, and referred to the Committe on Revis~d Statute.

Ou motion of Senator Sparks Senate proceeded to vote for United States Senator to fill the Constitutional term beginning :M:arch 4th, 1905.