UNIVERSITY OF DELAWARE UBRARY

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STATE OF DELAWARE.

J'OURNALof the SEN·:ATE,

AT A SESSION OF THE

GENERALASSEMBLY

CC>NVEN'JDDAND HELD AT DOVJ,:R, ON TUESDAY, THt SIXTH DAY OF JANUARY, IN THE YEAR OF OUR LORD ONJC THOUSAND 'NINE HUNDRI£D AND . THRKJB, AND OF THE INDEPlDNDJDNCJ1JOF THE UNITED STATES, THE ONE HUN- D'RED AND T,VENTY-SKVENTH.

H)03. CHRONICLE: POWJ~R PRTN'l', MILFORD, DEL. t /

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OFFICERS AND MEMBERS .

. OJ<' 'rHJ~ ST ATE SE-NATE

LrnUTENANT GOVERNOR,. PHILIP L. CANNON, Bridgeville, Sussex Co.

PRJ~SIDEN'f PRO TEM., . H)BNRY C. ELLISON, Summit Bridge, New Castle Co.

GJWRGE H. BAYNU:M,. Milford, Sussex Co.

l{EADING CLERK, GEORGE L. TOWNSEND, Odessa, New Castle, Co.

ENROLLING CLERK, ASA BlBNNlBTT, Ocean View, Sussex Co.

CHAPLAIN, T. F. _WALDRON, Dover, Kent Co,

~ERGEAN'f-A T-ARi\IS, .JAMES L. HAWKINS, Wilmington, New Castle Co.

PAGE, \V. E. Sl\IITH, Dover, Kent Co.

MEMBERS. GEORGE W. SPARKS, New Castle Co., ...... Wilmington. FRANCIS .J.. McNULTY, New Castle Co., ... : ...... Wilmington. THOMAS .J. STIRLING, New Castle Co., ...... Henry Clay. BlBN.JAl\IIN A. GROVES, New Castle Co., ...... Mar,3h'allton. ARTTBMASSJIITH, New Castle Co., ...... New Castle. 6

HENRY C; ll.:LLISON, New Castle Co., ...... Summit Bridge .. •JOHN A. LATTA, New Castle Co., ...... , ...... Townsend. THOMAS C. MQOR;E, ,Kent Co.,.,..... , ...... '.,...... -.Smyrna. ,TAMES R. CLEM'EN'fS, kerit' Co.,. :. :: . ; ·.: .. ;... :...... Clayton. · J. FRANK ALLEE, Kent Co.,.: .. , ...... Dover. GEORGE D. HARRINGTON, Kent Co, ...... '.Farmington. ALVAN B. CONNER, -E:ent-Co,; ... ,.; .. ,,, ... ,... .-,,:.. -.,:..... Felton. ~ ,1 § r · , , r· . . . ,. ,~·, t ,. ._. ,. ••, SIMEON S. J-,,ENNEWILL, B1fssex .co.,.L .. i: ... . :;.. : .. C+reenwood. CH A.RLES "WRIGHT, Sussex Co., ...... Seaford, - DAVID 0. MOORE, Susse,x Co., .; ... ; ...... Laurel. I. J. BRASURE, Sussex Co., ...... '...... Selbyville. THOMAS W. JEFFERSON;''Sussexl~o.; .':...... Milton.

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. ,' JOURNAL

01'' '1'.11E STATE S.ENAT•E~··

. l)ove1·, Delaware, .Januaw 6, mos.

" ' ' : ' . ' , : ' : , .·, At a session of the General Assembly.of the State of Delaware, convened and held at Do.ver on Tuesday, the sixth day of .January, in the year of our Lord one thousand nine hundred and three; and of the independence. of the, United States, the one hundred and twenty~seventh; · Messrs. Benjamin A. Groves, Henry C. Ellison and Francis J. McNulty, 0£ New Caflile'County, and Messrs. ,James R: Cle~ents and George D. Harrington, Of .Kent County, and · Messrs. Isahh J. Brasure and Charles Wright, Of Sussex County, : · Appeared and took their seats. President of the Sei1ate P. L. Ca1h1on,called the Senate fo order at 12.05 P. :H. , · . Prayer by the Rev. T. F. Waldron, The President appointed Mt. Brasure, a committee of on!:lto no~ tify the judges to present the Certificates of Election, which was done by .Judge Pennewill of Kent County, .Judge Boyce of Sussex County and Prothonotary Speakman, of New Castle County. · 10

On motion of Mr. Sparks, Mr. Brasure was made temporary secretary. The certificates of elections of. the several Senators were read as follows: By the certificates of returns approved by the .Judges of the Su­ perior Court of New Castle County, it appeared that on the Tues­ day next after the first Monday in the month of November last, at the several .and respective places appointed by1aw for the hold­ ing of the election in and for said county, .John A. Latta, Thomas .J. Stirling, George vY. Sparks and Artemas Smith were duly chosen to represent the said county in the Senate of the State of Delaware for the ensuing term of four years. By the ceitificates of returns approved by the J uclges of the Su­ perior. Court of Kent County, it appeared· that on the Tuesday next after the first Monday in'the imonth of Nov.ember last, at the severalarid tespective places,appoi1ited by ]aw'for the holding of tlie elec~ion :in a:nclfor·saicl coun:ty, .,J. Frank Allee, Alvan B. Con­ ner and Thom:as C. Moore were duly chosen to represent the said comity in the Senate of the State of Delaware for the ensuing four Y(?US. By certificate of returns approved by the Judges of the Superior Oourt of Sussex County, it appeared that on the Tuesday next after the first Monday in the month of November last, at the several and respective ,places appointed by la:w for the holrling of the election in and for said county, Thomas vV.. Jefferson, David 0. Moore and Simeon S. Pennewill were duly chosen to represei1tthe said county it1 the SenatA. of the State of Delaware for the ensuing four years. Senators elect .John A. Latta, Thomas J. Stirling, George W. Sparks, Artemas Smith, .J. Frank Allee, Alyai1 B. Conner, Thomas C. Moore, Thomas W .. Jefferson, 'David 0. Moore and Simeon S. Pennewill, appeared and took the following oath. of office: I do solemnly swear that I will support. the Co11stitution of the United States and the Constitu.tion of .,the State of Delaware, and that I. will faithfully discharge the duties ofSenator inthe General Assembly from :Senatorial District No.' 7, :in .New Castle County, ac'cordi11g to the,best of my: ability; ,and ldo further solemnly swearthat I have not·directly or indirnctly paidJoffered or prum- ised to pay, •contributed, or ,offered' or promised to contribute, :any 11

money or other valuable thing as it consideration or rewanl .for . the giving or withholding a vote at the election at wh.ich I \vas elected to said ofifoe. JOJ;IN .A. LATTA. 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 Senator in the Gen­ eral .Assembly from Senatorial District No. 3, in New Castle Coun­ ty, according to the best of my ability; and I do further r,olemnl)~ swear that I have not directly or indirectly paid, offered or prom­ ised to pay, contributed, or offered or ,promised to contribute, any money or other.valuable thing .as a conr,ideration or reward for the giving or withholding a .vote at.·the election at which .I was elected to said office. THOMAS J. STIR.LH:m. I do solemnly 8\Vear that I will support the Constitution of the United States and the Confititution of the State of Delaware, and that I will :faithfo.lly discharge the. duties of Senator in the General Assembly from Senatorial Di8trict No. 1, in Ne,v,Castle County, according to the best of my ability; and I do, further solemnly ·swear.that I have not directly or.indirectly paid, offered or prom­ ised to pay, contributed, or offered or promised to c,ontrilrn.te, any money or other valuable thing as a.consideration or rewa~·d,for the giving or withholding ..a vote. at the. election.at which· I was elected to said office. GlWRGE W. f-\PA~KS. I do solen~nly swear that I will 8upport the Com;titution of the United States and the Constitution of the State of Defaware, and that I ·will' faithfully discharge· the .duties of. Senator in the Gen­ eral Assembly from Senatorial District No:/\ in New.Castle County, according' to the' best of my :1.bility; and I do· further Solemnly swear that I have not 'directly paid, offorecl or promised to pay, contributed, or offered or promised ·to contribute, ariy mdney or other valuable thing as a consideration or reward' for the giving or withholding a yote at·· the election at ,vhich , I .was elected to said office: ARTKMAS. SMlTH. 1 do solemnly swer1r.that; I will 8upport the Constitution pf the United States and the Constitution of the State of Delaware, and that I will faithfully :discharge ,the. d1,1tiesof Senator in the. General Assembly from:Senatorial:District-No. ,3, in ..Kent County, accord­ ing to : the best of my ability; , and I do. further· solemnly swear . that I have not directly .o:dndi..rectly paid, ofl'eri;,dor, ,prqmised, .to 12

· pay, contributed, .or offered or promised to contribute, any money · or oth<:lrvaluable thing as a consideration or ·reward for the giving or withholding a vote at the election at which I was elected to said office. .J. FRANK ALLEJiJ. ,. ' ·· I do solemnly swear that I 'Will suppprt the. Constitl'ltion of the United States ,and the Cortstitution:of' the .State of DelMvare, and that I will: faithfully discharge the' 'duties of Senator in the General Assembly:from Senatorial DistHct No. 5, in Kent County;· accord­ sng to thebest 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 valuable thing ·as·a c<;msiclerationor reward for 1the giving or with­ holdin'g· a vote at the: election at which I was elected to 'said office. ' , ALVA~ B. CONNER. i • ' ' .•I do ~61,emi'.ilyswe~r th~t I ·.will' 'stipport the Coristifotfon 'of tlje United' States and. the Cciiistitution of' the State I of Delaware. and that J will faithfµliy d,ischarge the duties ·orSeniitor in the' General Assembly from ·senatorial District No .• 1, in Kent County, accord­ h1g to t,he,best of myabHity; 1 'and'! do further ~olenmly swear that I have not directly'6r 'indirectly paid, offered.or promised to pay, contributed, or offered'o'r promised' to' contril:iute, an:y money or other, ;v:3:lµable'thing a~.~.consideration: or rewai·d for' th<;igiving or·. withholairig a' 'vote at the' election at which 'I was elected to said q:ffice. , •,,. . THOMAS Q. MOORE. ,l ··.I do:so.le~~ly,s:vv:earthat. I wiil support th.e.dpnstitutfon of the United. States and the Constitution oLthe.State,of Delawai·e, and th3:t,Lwill faitlifully discharge.the. duties of Senator in the (:}ene:ra.1· AssemblyJl'Oil1 Senatorial. .District No., 5, in Sussex, County, ac­ corru,11g,to the best bf :iny. ability;, ,and I.do ,further solemnly swear that I h:we not:directly.or indirectly paid, o~ered or:p:romiseclto pay, contril;mte<;I.,or, piTered,or. promised to. contribute; .,any money or. ot~e:r;:,v~lq~hl~thing as a consideration or reward for the giviI).g, or withholding a vote. at the election at which I was elected to said office. · " ..·, '.', · . . THOMAS W: JEFFERSON. ,

, · I dd solen!tily swear that'.rwin support the Coristitutfon of the United States and the Constitution: of the-State of Delaware, and that I. will-faithfully discharge the duties·of Senator-in theGeneral Assembly from Senatorial District No: 3; in Sussex County, ac- 13 cording 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 ,eleetion at which I was elected to said office. DAVID 0. MOORE. 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 Senator in the General Assembly from Senatorial District. No.. 1, in Sussex Cou'nty, ac­ cording to the. best of my ability; and. I do frirther solemnly swear that I have not. directly or. indirectly pai~, offered m·promised .to pay, contributed, or offered or promised to contribute, any money or other valuable thing as. a consideration or re,vard for the giving or withholding a vote at the election at which I was elected to said office. SIMEON L. PENNEWILL.

On motion of Mr. Sparks;· the Sfmate proceeded to elect, by bal- lot, a President pro tempore; · · Mr: Sparks. nom.inateci Henry cf.Ellison. Mr. 'McNulty nomhiated Charles Wright. On motion of Mr. Allee, the President appointed Messrs. Cle- ments and Conner as telle.rs. Upon the votes being ci:n'mted it ,~as fom~~ thrit. Henry C. JJ;llison hadreceived.ninevote~;, ..' , 1 Charles Wright h~d received severi votes rind; One blank ballot appeared. · Whereupon, the President declared ,thaJ Henry C. Ellison,. hav­ ing received a majority of all the votes cast, was di1ly elected Pres­ ident pro tempore of the Senate: The President appointed· Mr. Allee ai~d Mr.· Wi·ight a· committee to conduct the President phi tei:npore elect to the chair. The Presideii.t pro tempore was then qualified according to the Constitution of the State and the provisions of the Act of Congress entitled: · 14

An act to regulate the tii:ne and n1anner of admin'istering cc-n-~ tain oaths: As. appears by the foil owing certificates, to. :wit: I do soleinnly s,Vear that l ,vill s'uppoi't the Ooi1stitution of the United States and the Constitution of the State of Delaware, a11d I will faithfully discharge the duties .of Senator in.the General As­ sembly according to. the best. of. my ability, and_ l do further solerimly swear that I have not directly or indirectly paid, offered <>r.promised to. pay, .contribu'ted, or offered or pi'omised to con~ trib,1te, ap.y money. 01·other v;:iJuable 'thing. as a consideration or reward for the giving or. withholdi11g a vote at the election at . which I was el,ected to sµ,id office, and· I will perform· the duties n,s President pro 'tempore cif.the Senate of the State of Delaware with fidelity. . HENRY C. ELLISON. . I, Afv'an/B. Conner; i1 inein.ber of. the Senate ·of the State of Delaware, from the County of Kent, do hereby certify that Henry C. Ellison, a member of the Senate from New Castle County, was, previous to taking his seat as President pro tempore duly swom by me to support the Constitution of the United States, to support the Constitution of the 'Sfate of Delaware, and to pedorm the duties as President pro tempore of the: Senate ofthe said Sta.te with fidelity. ALVAN B. CONNER.

And I, Henry C. Ellison, President·pro 'tempore of the Senate of the State of Delaware, do)rnrehy certify that .John A· Latta; Thomas J. Stirling, George \y. Sparks, and Artemas Smith, all from New Castle Com1ty, i:nenibe'rs elect and preseritof the·Senate, were, previous to entering upon any other ,business and previons to taking their seats, sworn by me, in due 'form of linv, and they and each of them would respectively support the Constitution of the State of Delaware, and perform their duties as ,mern bers of the General Assembly of the said ·state with· fidelity. And I. Henry C. Ellison, President pro tempore of the · Sei1ate ,oHhe)3tate ofDefaware, dq herf:lby,,certify th.at J., Frank Allee, Alvan·B.· Cornier arid 'Thomas C. ]\foore,aH from Kent County, members elect and.present of the Senate, were, previous to enter- . ir1g upon 'any other business' and previous ·to taking their•seats, sworn by ·me, in 'due form of law, and they·and each of.them; would respectively SU]?port the Constitution of the State of Dela- 15

ware, and perform their duties as members of the General Assem­ bly of the said State with fidelity. And I, Henry C. EHison, President pro tempore of t):ie. Senate of the State of Delaware; do hereby certify that Thomas W. Jeffer­ son, David O. Moore and Simeon S.. Penne"rill, ·all of Sussex County; mern bers elect and present of the Sen~te, were, previous to entering upon any other business and. previoi1s to taking their seats, sworn by me, in due form of law, and they and ,e.achof them would respectively support the Constitution of t,he State of Dela­ ware, and perform their duties as members of the General Assem~ bly of the said State .with fidelity. · Witness my hand this fifth day of January, in .the year. of our Lord one thousand nine hundred and three. , HENRY C.. ELLISON.

On motion pf Mr. A.Heethe President pro tempomappointed Mr. Conner and Mr. Clements tellers to conduct the election for clark. Mr. 'Pennew.ill nominated George H. Baynu~, of $µssex County. Mr.· Harrington nominated Martin E. Smith, of New Castle County. ,Upon the votes bei1}gcounted, it .was found .t~at George H. Bayn um had received ten votes, and Martin E. Smith had received seven votes. Whereupon, the President pro ternpore ·of· the Senate declared that George H. Baynum, having received a majorty oLall the votes cast, was duly .elected. Clerk of. the. Se11ate. The President pro tempore of the ,Senate appointed Mr. Allee and

On motion 6£ Mr. Stirling, the Senate proceeded to elect, by · ballot, a Reading Clerk. . Mr.Sttrling nominated E. P. Hazzard, of Sussex County. ' . f/ . -.· ': .: .. !:. . ' ·: ., .·· '• ··. . . . ' '• Mr. Smith nominated H. C. Taylor, of Kent County., .. ,, . Upo;n,the vote(b~irig counted, it wasfo;und that" .E. P. Hazzard had received ten vbtes, and· . H. C. Taylor haq. receiveq seven note.s. ·. Whereupon the President pro tern.pore of the· Seriate"declared • that E .. P, Hazzard having' .received a majority of all the votes:cast. was duly elected Reading Clerk of the Senate. . · ' . ' . , The . President pro tempore of the Senate appoi11ted Mr. Allee and 1\fr.1\1:qNulty a c()mmittee to await upon an.cl iriform _him of his election, and conduct him to the Senate chamber. · · · ' . . • . • • • • . ~ , • ' • • • I . ' : r Mr. Hazzard, being introduced,, was duly qualified.and _assumed the duties of his office, after 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 Delaw:are with fidelity according to the.best r)f my ability.

On motion of Mr. Brasure. the Senate proceeded t9 .elect by bal- lot an Enro1ling Clerk. Mr. Brasure nominated Asa Bennett; of Sussex County. Mi·.• Jeffors~n nom~nated E. ·wise Wai;ren, of Sussex.County;' Mr. President pro teinp~i'e appointed 1\fr. Conner arid :rvir.Cle· ments as tellers. · · Up~n the votes being .counted;' it was f~und that. · Asa Be;rnett had )'.eceivedten votes, and 'E. Wise Warre~ hadi·~ceiv~d seyen votes. 17

Whereupon, the President pro tempore of the Senate declared that Asa Bennett, having received a majority of all the votes cast, was duly elected Enrolling Clerk of the Senate.

On motion of Mr. Sparks, the Senate proceeded to elect by bal­ lot, a Sergeant-at-Arms. l\Ir. Sparks nominated James L. Hawkins, of New Castle.County. Mr. Clements nominated J arnes D. ·wright, of Kent County. . The P1;esicfontpro tempore appointed as tellers, l\iir.Conner and .Mr. Clements. · Upon the votes being counted it was found thi1t ,fames L. Hawkins had received ten votes . .James D. v\Tright had received seven votes. \\Thereupon, the President of the Senate declared that .Jarnes L. Hawkins having received a 1rntjority of [tll the votes cast, was duly eleeted · Sergeant-at-Arms of the Senate.

On motion of :Mr. Allee, the Senate proceeded to ele~t by ballot, :l Chaplain. · l\fr. Allee nominated Rev, T. li'. Waldron . .Mr. L:1ttiL nominate(l Rev. Joseph Brown Turner. Upon the votes being counted, it was found that · J\fr. ·Waldron had received nine votes; and JHr. Turner had received seven votes, and One blank ballot appeared. Whereupon the President pro tempore of the Senate declared that Mr. vV[tldron, having received a majority of all the votes cast, was duly elected Chaplain of the Senate.

On motion of Mr. Stirling, the Senate proceeded to elect by bal~ lot :i page. :; 18

}fr Stirling nominated W. E. Smith. · Mr. Wright nominated Wi1liam WaHs. The President pro tempore appointed as tellers, Mr. Conner and Mr. Clements .. Upon the votes being counted, it was found that W. E. Smith had recl~ived ten votes, and· William Walls had received seven ~otes. Whereupon; the President pro tempore of the Senate declared that W. E. Smith having received a majority of all the votes.cast, was duly elected Page of the.Senate.

Mr. President ordered the follmvii1gcommunication read. . . Doveri Delaware, December 29, 1902. HoNoHABLE LrnuTENAN'r-Govm.:mrn CANNON, Bridgeville, Delaware. Dear Sir: I have the honor to (:)xtendto the Honorable Senate, ·through you as its presiding officer, a cordial invitation to.attend the sessionw of the Pe1iinsuhi. Horticultural Society, at Newark; Delaware, on .January 6, 7, and 8, 1903. ·while your Honorable Body will be mm'e than welcome at all.the sessions, we hope to have with us on Wednesday the 7th, ·the Honoi·able .John Hunn, Governor, and the Honorable .r.}V. Smith, Governor oFMaryland, .·Trusting that you will find it convenient to honor us with .your presence, I beg to b<~ Yours sincerely, WESLEY \VEBB, Secretar,y. Mr. Wr1ght moved the invitation be. spread upon the .Journal. · Which motion PrP-vailed. Mr. Sparks offered the following resolution: Be it resolved by the Senate, that 'the Clerk of the Senate is in­ structed to notify the House that the Senate is duly and regularly organized, and has elected Henry C. Ellison Presiderit pro tern- 19 pore, and George H. Baynum Clerk, and is ready to proceed to business. And further on his motion, Was Adopted. :\fr. Allee offered the following resolution: Be it resohed by the Senate thn,t th<' Pl'!s·de11t is here 1 y author­ ized and directeod to appoin:t a committee of two on the part of the Senate to act with a like committee of three on the part of the ' House, which committee is hereby instructed to notify the Gover­ nor that both Houses of the General Assembly are duly organized and readv to receive anv commt1nfration he mav send them. And the clerk' is instructed to notify the House ofRei>resentatives of the adoption of this resolution, and the names of the Senators so appointed by the President, memhers of said committee on the part of the Senate, be communicated to the House hy the clerk. And further on his motion; Was Adopted. l\Ir. President appointed Mr. Allee and Mr. Wright as committee. A message was received frorn the Hom;e by the Clerk, notifying the Senate that the House was duly and regularly organized, and had elected Henry S Anthony Speaker; and Richard Hodgson Clerk, and is ready to proceed to business. · J\fr. Tuic~ulty m0ved the adoption of the Rules of the last Sen­ ate, until committee was appointed and new ones prepitred and adopted. , Which motio·n Prevailed. A message was rec(.,ived from the House by the Clerk, notifying the Senate_ that the House had adopted the following resolutions: Be it resolved by the House of Representatives, that the Speaker is hereby authorize_d and directed to appoint a commit­ tee of three on the part of the House to act with a like committee of two on the part of the Senate, which committee is hereby in­ structed to notifv the Governor that both Houses of the General Assembly are di.ily '.)rganized and ready to receive any cornmuni- 20 cation that he may send them, and the Clerk is instructed to notify the Senate of the adoption of this resolution by the House, and that the names of the Representatives so appointed by the Speaker, members of said committee on the part of the House, he commu­ nicated to the Senate by the Clerk, Mr. Sparks offered the following resolutions: ''Resolved, that the foIJowing standing committees. be appointed hy the President pro tempore to n;ctas standing committees:" A Committee on Cities and Towns. A Committee on Enrolled Billi;,. A Committee on Elections. A Committee on Accounts. A Committee on Claims. · A Committee on Finance. A Committee.on Vacant Lands. A Committee on Judiciary. ' ' . A Committee on Revised Statl1tes. A Committe on Agriculture. A Comniittee on Printing. A Committee '.>n·JiJducation. A c·rm1rnittee on Oysters and Game," Mr. Allee offered the following amendment.; to add the Commit- tee on · · · Insurance and Banking. And furt~er on his motion, The resolution was adopted as ainencl()d Mr . .Allee reported that ihe Committee itppointed to notify · the Governor had performed their duty ~1nclthe Governor would E.end hh; Secretary with his biennial messn,ge. ' . ' 21

Contest of George E. Nfogee vs. Thonms vV.Jefferson, Fifth Senatorial District of Sussex County. Petition, copy of ;,pecifications, copy. of notice of George E. Megee, in the eonteRt above were filed. Answers of Thornas \V . .Jefferson, also filed. Mr. McNulty moYe

Nays-None. So the question wits decided in the affirmative, and the joint resolution having rnceived the required constitutional majority, Was declared Adopted .. Ordered to thi') House for concurrence. 1\fr, Grow1s offered the following resolution:

''Resolved, that the Clerk of the Senate be and is hereby au­ thorized to have printed for the use of the Senate, the necessary blanks, forms and record books.'' And further on his motion, vVas adopterl. Mr. Spa1·ks offered the fol1owing resolution: "Be it resolved by the Senate of the State of Delaware. that t.ht• President authorize the Clerk by written order to procnrf' :-tamps, wrappers and postal c'lrds for the use of th<~Senate.''. And further on his motion, Was adopted. Mr Hodgson, Clerk of the Honse, heing admitted, informed tht, Senate ·that the House had concurred in Senate .Joint Resolution No. 1.. Entitlecl: Senate .Joint Resolution for the adjournment of both Hom,<'i' until Mondaf, .January 12, 1908, at 11 o'clock a. m. And returned the same to the Senate. Mr. Moore offered the following resolution: "Resolved that the privileges of the floor he a.cc9rrl("d t.o · ex­ members of the Senate, m:embers and ex-members of the House of Representatives, Governor and other State Oflicers, members of the bar; women and representatives of the press." And· further on his motion. \Vas adopted. On motion of Mr. Allee, the Govemor's :\-fessage was re

Gentlemen of the Senate and House.

FINANCES. The finances of the State are in a very satisfactory condition. This statement is also true of the several counties. · In Sussex Co1mty orders are at par for the first time sirice 1876. This is 24

due largely to the admirable administration of county . affairs, through a restoration of honesty, of economy and sound business principles. The recent reform movement in New Castle County, reinforced by the departn1ent of public justice, hi1s. restored, an honest and economical government to the people, with .the result, if the present deteirnination continues, of a lessening tax r:i,te, while increar-:ing the efficiency of the public service,

· Tfw last. legislature, :1lthongh in no sense chargeable with ex­ travagance, made very liberal allowances above those ma,de by pi·evious Legislatures. This wap due doubtless to the fact th:1t the Sh,te had rnore money for appropriation. However, while thii­ liberality if' not to btl. condemned, inasmuch as all the appropria­ timu, then ma.de were urgently demanded in order to increase tlw eflicient:y, ancl enlarge the benefits of our .public institutions, espec­ ially of our public r-schoolr-s:it ought not to be taken a,; a, criterian , for fnture action unless jm1tifinrl by public neces,:;ity.

The following is a summary of the assets and liabilitit)s of tlw Shtte, an

ASSE'l'H.

Bank Stock-'Par Value $200 00 . 20 shares National Bank of. Delaware, at$500 per share., ...... $ 10,000 00 ___ . ---$ 10,000·00

M cJrtgi1ges, Junction and Bl'ettkwater Railroad . . . . Company at 3% ...... : ...... $185,000 00 Breakwater and Frankford Railroad Compan)T, a.t 3% ...... ,...... 200,000 00 3815,000 00

Amount cftrrfod forward, •... , ...... $ 3%,000 00 25

Amount brought forward, ...... $ 395,000 00 Benefit of School Fund. Bank Stock. ,-:;,700shares Farmers' Bank at $122. 50 per share ...... $698,100 00 2Fi4 shares Union National Bank at $88 per share...... 22,352 00 114 shares National Bank of Smyrna, at $65 per share ...... · ...... 7,410 00 :17 shares National Bank of Delaware, at $430 per share...... 15,910 00 ---- 743,772 00 Bonds. Orn) hond, State of Delaware, at 6% $156,750 00 156,750 00 Surrendered hank stock, Farmers' Bank ...... 22,08,5 00 Cash in treasury, November 30, l902 ...... 82,811 12 $1,400,368 12

lt is well to observe that in addition to the assets just stated the State has expended, within the last few years, for buildings of public institutions the sum of at lea,st $200,000.

LIABILl'flES. 250 bonds, $1,000 each, at 3%, issue of 1887, payable June 1, 1907, re­ (leemable at option of the State on ,tny .June l, or December 1, in or after 1897...... $ 250,000 00 c\5 l)onds, $1,000 each, :'Lt 31ii%, is­ sue of I89.5, payable .July 1, 1915, redeenrnble r1toption of the State on any .January 1, in or after 1906 ... $ 3,5,000 00

Amount cadied forward, ...... $ 285,000 00 4 Amount brought forward, ...... $ 285,000 ,00 24,5 bonds, $1,000 each, at 3%;, is:·me of 1897, payable December 1, 1927, redeemable at option of the State on :my .June 1,. or Decem her 1, nJter Decernbrr 1, 1922 ...... $245,.000 00 -·---- b30, 000 00 One bond of State of Delawal'e to · School Fund,. at 6 'fr;,issued July 1, 1881, pa.yable July 1, 1906 ...... $1!5

$ 76H,750 00 ----~--··-

Total assets, ... : ...... , ...... $1,400, 3(j8 1:l Total liabilitieH, ...... : ...... : ...... 7HH,7.50 00

$(3:-~0,(518 1:2

From estimates made by the State Treasurer t,he receipts and expenditures for the year 1003 will approximate as followR:

General Fund. Receipts of the General Fund, ...... ; . . $450,000 00 Estimated expernlitnres, ...... Hfi0,000 00 Schoo] Fund.' E8t-i-inaterlReceipt~. Income from lnvestinents, ...... '...... $ 25,081 .55 Appropriation from General Funr1, ...... 120, 000. 00

Total, ...... '...... : ...... $145,081 ,56 27

·For a more pm-ticnlar account <)f the receipts and expenditures of the State, for the two y~ars past, I refer you to the report which will be. fiubmitted to you by the State Treasurer. I. desire further to c_aLiyour attention to.a brief comparative state~ me11t of the income derived from the operation of the General Corporation Law, passed in 1899, and.the annual fomchise ta.x derived from the corporations created thereby.

Corporation 'l'a~:c~llected by Secretary

F'or the. y

.Annna./ Franchise 'l'ax collected hy 8tate 'l'reasnrer.

I For the year 18H9, ...... ·.$ 8,307 9fi

For the year lHOO,...... 1...... 25, 86.5 10 F'or the .vear rno1, ...... 37,310 .;;2

'l'he amount of annunl franchise tax given in the above state- 111elltfor the year 1901, includes only .the h1x collected by the State Treasurer up to December 1, 1902. It must be noted that the amount of the. annual frnnchiBe tax for the year 1902 is not known, \nasmueh as .the tax has not been assessed, and therefore has not hcen coll2cted_,hut will approximate $50,000 if the above ratio is mainta.incd,which there is no rrmson to donht.

EDUUA'l'lOK. From the earliest period of the history of this Str1te, public edu­ rntion has received ar~ .attention in keeping with _the wisdom of those who framed our institutions. At no time. has ·this ttttention lessened. On the contrary, an increased interest has been mttn­ ifosted, e,;peeially in the last decade, by the most thoughtful among ns, both men and women, who regard the perpetuity of our insti­ tutions af' commernmrnte ,Yith the rliffusion of intelligence among 28 the people-a work necessarily for the State itself. A few under al i conditions and under all Governments will seek knowledge for its O"Wnsake. The majority of people must have the meanf; proviclerl for them, and he incited even, to the acquisition of knowledge­ the best safeguard to the S.tate and to society generally. Thi;.: provision is found in 011r common school system, which furnishes all the necessary facilities ofa, general character for inental training, and opens the door of knowledge to all alike, reganlleRF of the con­ ditions of birth, circumstance::; or race. At the last session of the General Assembly, an increased appro­ priation, amounting: to $120,000, was made to the Public School Fund, in additi01vto the income\eceived from investments; $2!5,- 000 to Delaware College, for the erection and repair of its buildings, in addition to the annnal appropriation of $20,000 for current ex­ penses; $6,000 for the erection and repair of buildings at the State College for Colored Students, in addition to the anmrnl appropri­ ation of $5,000 for current expenses; and finally, an n,ppropriation of $6,000 annually, for two years, to be equally divided between the three counties, for the erection and repair of school houses for colored children, all of which reflects the deep and practical inter­ tist of the State in the subject of pul:llic Education. Iri continuation of this most commendable interest, I strongly urge upon the Legislature the importance of renewing these approc priations, and if possible making additions thereto. The appropriation for the General School Fund should he in­ creased to $135,000, iri order that better teachen,, at better salaries, may be secured; and the appropriation for the erection and repair nf school houses for colored children, should be re-enacted for two years more, with a larger discretionary power vested in the County School Commissions for its expenditure. Those districts, the ablPst. in resource, have already taken advantage of the appropriati011; those less able should have a greater assistance. Other changes in our school law, looking toward a more·perfect system, will be presented by the State Board of Education, which vvill deserve your most serious consideration and approyal.

CO-JWUCA'l'ION •. A growing se1itiment is displayed among the. people favoring f)(JUal opportunity for advanced education to the young of both 2D sexes. This (>pportunity has already been provided for' young · men by Delaware College .. To secure the same for yoimg women a demand has been made in certairi quarters for the erection arn1 equipment of a State Nonrn1J School. 'l'his proposition seems in view of our pref-\ent conditions to be unadvisable. The State is. small, the population therefore Finited, and it,.: ahility to undertake the task of practically supporting two college,.: if' of doubtful propriety wheri one hitherto has taxed its resource:::. The better solution would be to open ·the doors .of Delaware College to both sexes and give each of them. equal advantages for mental training; or at least to establish therein, in addition to the other courses, a, Normal School Course, The tinw is coming when thP participation of women in all. our. civil affairs will be voluntaril~· sought as ttn infusion of indispeiisably new.elements into our citizen­ ship. The proper provision for this will be found in co-edncatimL which haR proved successful to a high degree in other States.

S'J'A'l'E LIBRARY .COMMISSION • . The State Library Commission, created by the last Legislatun,, has, during its two years· of existence, demonstrated the vaJnahk character of this form of ednc:;i,tional effort. Notwithstanding it is in its incipieri.cy, it has madeimch pro­ gress, and has been attended by such poplilar approval, as to war­ rant the contimwd support of the State in its further clevelopmenL

DJ;;Al•', nm,m, BLIND AND lMBl~CILE CH!LJ)HEK.

I desire very especially to call your attention to those Ull­ fortm1ates in our midst who have been deprived of cerh1infaeulties by the operation of natural laws. I refer io the deaf, dumb, blind

and feeble 0 rninded children of the State. Very wisely and hu- 1nanely 11 limited provision formerly has been made for their nmintenanee and instruction in Institutions outside of this Stat,e. Our statutes practically divide these unfortunates into two classe,4, namely: The hnhecile children having a greater or less impair­ ment of the mental faculties;.and the deaf, dumb and blind with impairment of certain special senses, As to the imbecile children the law now provides, · '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 dol­ lars shall he paid by the State in any one year.'' The Institution 30 referred to in the paragraph ql-ioted is ''The Pennsy:lvania Training School for Feeble Minded Chilclron,'' at Elwyn, Pa. As to the deaf, dumb and blind the number provided for is limited by the, legislative appropriation, which, up to this time, has been in­ :vlequate to meet the demands of a11 applications. It is lm1rnces.sary to argue at length upon the injustice of grant- . ing the aid of the State to fourteen imbecile children to the exclu­ sion of others who have an equal claim to such aid and to an equai opportunity for mental improvement. The same observation can he made as to the deaf, dumb and blind. Owing to our limited population it would be inadvisable to erect institutions and supply them with skilled instructors, (an evidently greater expense to the , State than the practice now· adopted,) but the Legislature should make appropriations sufficiently large to provide for all of these un­ fortunates, and not for those only who make prior applications. I therefore recommend the repeal of the limitation upon the number of imbecile children admitted into the Pennsylvania Training School for Feeble Minded· Children, at Elwyn,, Pa., and that a sufficient appropriation be granted to provide for all the deaf, dumb and blind capable of improvement who may make application. I submit herewith, the report of Dr .. John J., Black, the State Cu8todian of these children, and invite your attention especiall:ito the fact that several of these unfortunates are shown. by thif:' report to be incapable of any improvernent whatever. The law should ,be amended, giving the Governor or some com'­ petent authority, power to remove at any time any inmate of these institutions, who· by experience, is shown to be incapable of in­ struction and of sufficient improvement to warrant their longer re­ tention-it being borne in mind that these institutionc1, within the t:ontemplation of our statutef:', are not asylums, but are schools for improvement only. The appropriation of. $7,000 annually, for the two years past, 1nade by the Legislature for the mainte.nance of these wards of the State, has not been overdrawn during this administration, and there is conseqnently no deficiency.

'l'Hg S'l'AT1D HOSPITAL A'l' l<'ARNHURS'l'. This institution is under able and intelligent management. It is of greater magnitude ,than any other of a public character in thiR 31

:::ltate, and it might be said the most expensive one, without in any way reflecting upon its administration by the Board. of Trustees. \Vhen, however, it was first projected, its most ardent advocate computed the·rnaximurn cost of its maintenance at not more than $30,000 per annum .. · At the last session of the Legislature how­ ever, an appropriation w:1s made of $17,000, to discharge debts. previously created to that amount,. and the further sun1 of $53,500 per annum, for two years, for current expenses. This shows an .increase of nearly one · hundred per cent. for current expenses above the original estimates. 'rhe object of these statements is to bring to the attention of the Legislature the fact.that this increase is undoubtedly due to the admission of a large number of inmate~, who, under the scope of the law creating this institution, have no. right of admission.

The State Hospital at Farnhurst was primarily in its concep­ tion a ''Hospital'' -and for the insane only, and it might. be said, for the curable insane. The certificate of admission must state, that in the sworn judgment of the two examining physicians, ''the disease of the person is of such a character as requires, in their jmlgrn.ent, hospital treatment," conveying beyond doubt the im­ plication that incurable cases were not. conternplated by the faw. Unless a more rigid scrutiny be had as to the admission of patients into this institution, the expenses.· of ·its ·maintenance will. be 01w of rapid increase. ·

S'!'A'.rJ~ BOARD OF HEAL'l'H.

At the time of its creationthe State Board of Health was quite generally regarded as uReless, the result of a desire to increase the . number of public officials and to multiply expense by new office:,. ) This opinion has quite as generally beenabandoned. The princi­ ples that underlie the operations of this function of our State gov­ ("rnmerit are those of Medicine. No Science probably has de­ veloped so rapidly.or so benignly for niankind. Scourages deadly 1111dfull of terror, that once deci1m1tecl whole communities, have with greater knowledge been met and successfully resisted. The origin of Disease, the laws of Sanitation, of Prophyllaxis, of Segre­ gation of the infected and of general Therapeutics are more definite­ ly comprehended and as a result the life of man increased an

What in a measure the physician is to the household, the Board of Health is to the State. There is no function of intelligent civil action as inexpensive to the people joined with a greater b0nefit. This has been amply demoi1i;trntecl in the capacity, intelligei1ce and devotion of the iriem hers of . the Board of Health in its successful efforts to arrest a.ncl stamp out the recent inva:sion of the dreaded scourge, smallpox, during the last year. I herewith submit the twelfth biennial i·eport ofthe State Board of Health with the recommendation that whatever reasonable in­ erease of appropria.tion for the better equipment thereof iR asked for should be cheerfully gnmted.

SANJ'l'OlUU)\J FOR . CONSIJ.MP'l'l VES. The advisability of establishing a s;mitoriui11 for the eure and the eradication of the most p{eva.lent scourge, by which human life is endangered, _known in modern science aR tuberculosis, should command at your hands the most serious consideration. The possession of health to men is one of the most inestimable of bles­ sings. The infliction of fatal, loathsome and lingering disease, the n1ost grievous ofburdens imposecl upon,.man. No more benificent philanthropic, intelligent enterprise could be undertakenthan that which seeks to alleviate ptlin and suffering, to guard the well arid uninfected from contamination by a deaclly clisetise, and to re:store. to health and strength tho:se l_l,lready:suffering and infected; J commend to eaeh member of the General Assembly the per­ ,;mrnl perwml and con:siderntion of a very able brochure recently issued by .John .J. Black, M. D., of New Ctistle, entitled "Con­ ,mmptives in Delaware,'' which will show that this question if:' receiving very practicable and· earnest· consideration at the hands nf philanthropiRts arid the Legislaturei:; of other StateR.

ELEd1'ION8. 'l'he present election hlw,; of this State have with one exception, completely disappointed the expectations centered in the Austra­ lian Ballot systen1. . . Practically the only good feature as compared with the old method of voting was the· introduction of the booth and what might be termed the police regulations surrounding the polls which undoubtedly have made the elections of this State much freer from public disturbance. 33

'l'ime has effectually shown the unpopularity of the payment of a registration fee as one of the constitutional conditions precedent to the exercise of the elective fomchise. rhe im­ position of · this tax has not met the expectation of those who ·. placed among the provisions of the Constitution, in order that, by limiting the suffrage, elections might be 1'aised to a higher stand­ ard. The registration fee imposed upon the voter should be abol­ ished. It is vexatious to the people, and tends to increase rather than diminish the obligation of a certain class of voters upoh those more able to pay it . . The requirement of a bienn'.ial registration of ail tlie voters might · be amended with great accommodation to the people and without in any way bringi9g injury to the State. The very large percent, ·age of the votei's of each district are. permanent citizens therein . and should be upon permanent registration lists. Registration boards should chiefly sit, after a general Registration has once been had for the purpose only of making those. corrections brought about by death, 'removal, crime, age and change of residence. · As it now is, many citize11s lose their elective franchise. because of absence from the State at . the time of registration or by sickness or other causes. Very often they· can only acquire the right to vote by stay~ ing within the State during the registration period, to the sacrifice of important business interests: A permanent regi~tration would obviate these difficulties.

NA'rIONAL GUARD. Liberal pi6.vis10n should be made for the National G11ard of thir1 State.. · .. A -thoroughly equipp~d and well drilled body of Militia is both a protection against dmhestic disturbance, as well as an indispens­ able neucleus for defense against invasion by a foreign enemy. In the early history o~ the Country the environment of almost every citizen rril}de hini a capable soldier, ready at a minute's notice for · defence against the foe. Changes of time and conditions make it imperative that a Military organization should be permanehtly maintained. to secure the same protection. · The recent Encampnient of the National Guard of Del[l.ware, held at Newark: shows tha,t an encampment can be 'held with credit'

to all engaged, and.with a thoroughly honest 1 expenditure of the morn~yof the State. , 5 . 34

I earnestly recommend that the National Guard of Delaware be increased to twelve Companies; tha,t they be given an appropria- · tion for the purpose of defraying the expenses of a yearly Encamp­ ment; tlmt they he considered in the light of a State and National necessity, and encouraged to perfect their organization nntil it reaches the highest state of efficiency.

'fHE NA'rIONAL PLAG. The State upon whose soil the Stars an

cooct-r's BRIDGJ~ j\H)NUi\IENT. The patriotic societies of this State have erected a monument at Coach's Bridge to mark the spot where the Stars and Stripes were first unfurled in battle. The action of these societies deserves the commendation of every local citizen. The spot so distinguished should be carefully guarded :1ncl protected in the years .to come This can best be done by a proper rncognition on the past of the State. · I therefore earnestly recowmend tha,t a, Commission for this pln·­ pose be created by this Legislature, consisting of three persons to be' commissioned by the Governor, through the recommendation of the patriotic societies, with the power thereafter of perpetual succession to the Comniission itself, giving therewith such ample anthority as will enable it to carry out the purpose of the societie" so deeply interested in patriotic work in our State. When it is remembered that the State was at no expense for the designing or the erection of this monument, and that the Conunis­ sion asks no remunemtion for the performance of the duties that would devolve upon it by its creation, no good 'reason exists why this recommendation should not be complied with. 0

·nn: LOUISIANA PURCHASE J~XPOSI'l'ION. The present ye:1r, one thousand nine hundred and three, markfo one .of the most important events of the historJ of the United States, the cession by Fmnce on April 30th, eighteen hundred and three, as what was known as the Territory of Louisiana. 3/5

Commemorative of the acquisition of that vast territory from which has been carried _thirteen States and two Territories, a great Exposition will be held at St. Louis, Missouri, called the ''Louisi· ·

SALARIJW OFJ<'IUERS. The question of the emolument of public officers has been often discussed in this State especially since the adoption of the preRent Corn,titution. Owing to the· necessity for competent public officials as incle­ spensible adjuncts to the administration of public affairs, and the uncertain ainount of business incident to any one of these civil functions,. the fees received vary to such an extent th~t the most important offices have at times the least renumeration, and there­ by the public service suffers. In view of this fact it seems advisa­ ble to place all offices upon a salaried basis, as rapidly as it can ~ be clone in accordance ";ith the restrictions of the Constitution, aB 36 a more equitable and sti1ble so1ution of the question, whether viewed fron1 the standpoint of the State or from that of the office-' holder himself.

WORKJIOUSJD. The proper disposition of convicted criminals while l:lerving l01{g terms of imprisonment commands the most thoughtful considera­ tion. The prnblem is one of economyand obligation; of egonomy inasmuch as the cost ofnmintenance of the convict is a burden up­ on the people; of oi)ligation, inasmuch as it. ie clearly the duty of the State to surround him with an environment that will preserve his health and to some extent restore his m'orals, in the

I, therefore, strongly urge upon the Legislature the erection of H Workhouse as ~t State Institution for the employ1nent of long-term convicts where they can be most profitably employed; or, tf rnon~ feasible, the .;purchase by the State of the grounds and the build­ ings qf New Castle ·workhouse now in operati?n in thn,t, count:v. The proposition advanced to provide by law for boarding at ~o much per diem the long-term convicts of Kent and Sussex Counties in the New Castle County ·workhouse is not a proper solution of this mattl3r. The question is one that concerns the whole State, and a vVorkhouse should therefore be 11 State institution, under the control '.)fthe State and not under that of a county,. subject as the latter would necessarily be to vexatious contentions as to cost of maintenance, payments therefor, and other disputes that might naturally arise.

GOOD ROADS.

One of the most serious subjects thnt will doubtless come beforc0 37

you for legislation, will lie that of 'improvement of the Public Roads. This question is kno,:vn throughout the various States of the Union as the ''Good Roads'' question, and has been and i.s now receiving the attention of the most thoughtful and intelligent citizens, because of its supreme importance, not as a question of eonveni.ence or of comfort, or even resthetica1 improven;ient, hut one of the most practical character from the standpoint of util­ ity and economics. The present system (if any we haYe can be ealled such) is pre eminently one of inadequacy nnd monetary waste. The methods now employed are i~ntiquated anrl useless, being those employed for a century or more ago, with some few accep­ tions, where a sup'erior enterprise of some locality has led tci thf' adoption of somewhat more efficient pr6cesses .and the use of bet­ ter materials. No argument is necessary to determine .the ail-nm­ tages to the people of niacadan1.ized roads. They are at once useful, beautiful and permanent, and therefore, in· the long nm, economical. No public enterprise can be undertaken in this Stafo thnt will bring happier results to all the people. Land will nec­ essarily he enhanced in-value; agriculture made more remunera­ tive and pleasurable; public intercomsefacilitaJed; and the advent of people from other Sti,tes largely promoted both aR visitorn arnl permanent residents. No State in the 'Union has a more favorabh• geographical configuration, being as it is long and narrow; nor a . topagraphical conformation more advantageous for economical· road building, by reason of the character- of its f-1hi1and its gener­ ally level surface. The recommendations made upon this subject at the time cJfmy inauguration, I repeat with all the greater insistence, as time ha,.: only increased the strength of convictions then held. The -.Stafo i.;houlq.borrow an amount sufficient to construct at once a, publie highway of macadam from its. northernmost to its southernmost noundary. Its construction should be placed .in the hands of a skilled and practical expert, with a Road Commissioner to supervise the work. A sinking fund should be created from. the public rev­ enue to provide for the interest on the debt created, a.nd to lef:'sen this del?t annually. This will give the present geneaation a herit- . age in its benefits, and impose justly sorne of the burden of th

LOCAL OP'l'ION. 'The Constituticin provides that.the question "whetherthe rnanu- 38

facti.lre and sal~ of intoxicating liquors shall be· licensed or prohi­ bited" in/ any District of the State, may be submitted to a majority vote of the people by legislative provision. It further provides that the submission of this. question in any DiRtrict ·shall be provided for by the Legislature whenever· "a majority of all the_m(lmbers elected to each House of the General Assembly by the qualified electors in any District'' shall request it. · There are thus. two methocls, or rather sources of fnitiative, in securing for the people the opportuhity to express their desire t1pon this subject. I recommend that this issue be referred to the people-who have a constitutional right to self-government in this as in all other matters affecting the welfare of this State.

FISH ·AND OYS'fERS.

Legislation rjreviously enacted for the regulation and preserva­ tion of Fish and Oysters, is involved ii1 such inextricable cmifusion by reason of its multitudinous character, that it is the imperative duty of this. Legislature to repeal the present laws, and enact others of a simple and practicable character, applicable alike to all the waters within the boundaries of the State. Or if this be inadvisa-. · ble for want .of fuller knowledge, I recommend that a commission be created to inquire into the license laws and police regulation~ now existing, as wen as into the actual· condition of our fisheties . and oyster beds,· and to make report to the next Legislature, em­ bodying therein _the result of their investigation, arn;l. such suggestions as may seem to it to form the basis for proper l~gisla­ tion .for the conservation of these most invaluable interests; Some wise action is imperative, if proper protection is to be given thereto. · The entire. eastern boundary of Delaware is penetrated by • numerous creeks and rivers, not to mention the waters of Delaware Bay itself, in all of which are found the most valuable food pro~ ducts in great abundance. This abundance, furnished almost entirely by Nature, without cultivation, needs the utmost care, that its benefits may be preserved to the people in future genera- tions. · ' . · 39

PUBLICA'rION (n' 'fHJ<:) PROCJ~EDINGS O]j' 'rHE CONSTI'rU'rION'.AL CONVENTION • ., I wot~ld· suggest to the members of the General Assembly the propriety of ptiblishing the proceedings of the last Constitutional Convention. . .The information would. be a matter of not only gen­ eral interest to the people at large but of especial interest, conven­ ience and use to the courts, the bar and litigants generally.in m.ak- ing clear the intent of the framers of our organic law. · ·

INTERS'rA'rE .RELATIONS. 'fhis State is at peace with the other States ·of the Union. Noth­ ing exists in the nature of a serious dispute to disturb this peace­ ful condition. The only question at issue is the old one of disputed boundary .between this State and the State of NewJersey. This has been argued at ·great length before the Supreme Court of the United States, which will eventually make a final ap.d lawful settle­ u1ent of the contention. Until this decision is rendered the- Legis_. · lature should provide for maintaining the positi~n ofthis State in the controversy. . . . · I submit herewith the very able argument of the Attorney-Gen~ eral of this State, b(:fore the Supreme Court of the United States, upon this· matter. · During the two.years just .past I have made twenty~five requisi­ tions upon the Executives of other States, all of which were duly honored; and have answered two requisitions made upon the Exe- cutive of this State. ·

PARDONS, REPRIEVES AND REi\IISSIONS; Obligatoiy to the provisions of the Constitution, I submit her~­ with a statement of the pardons, reprieves and remissions granted by me, w~th the reasons in full therefor.

REPORTS. I submit here,vith the reports of the various departments of the State Government, for the fuller information .of the General As­ ~~. . . . Mr. Brasure moved that the Governor's Message be, adopted and . spread upon the minute,, of the Journal, and the Secretary of State :be instructed to have five hundred copies of same printed. 40

Which moti9n Prevailed. Mr. Groves offered the follmving resolution : "Be it resolved by the Senate of the State of Delaware, that the clerk be and' he is hereby authorized to order all daily State papertl, and one daily 'paper out of the State for each member, and three copies of each weekly paper published in the State." . I . And fu~her on his motion, was adopted. ·. 'Mr. Pennewill presented the State Librarian report, and ~{sked that sari1e be read, as follows :

OFb'ICE OF fl'.I'A'r:I<::LIBRARIAN, Doyer, January 6, 1903. 'lb the Honorable Senate and House Representatives of Delaware fo General A.ssernbly rnet : Gentlemen : . In compliance with the provisions of Chapter 163, Vol. 21,. of the Laws of Delaware I have the honor to submit the following. report of the condition of the State Housea,nd of t?e State Libr~ry. The building in general is in good condition,, but some of the furniture is in need of renovation. A new flag is needed. Owi.ng to the puichase of new books and the receipt of books by Inter­ state exchange, it was found necessary to move all the judicial re­ ports of the various States, and in so doing sufficient space was left on the shelves to accommodate. the Judicia1 Reports that may be received for the next two years at least. The same arrange-,· ment has also been completed with the Departm:ental Reports of the different Sta_tesand Territol"ies. At present I am. re-arranging the State Laws in the samemanner. In doing this work a good idea ofthe condition of the books has been o\5tained. Many of the old and very valuable books are sorely in need of re-binding, but with the present appropriation to the State Library it is im­ possible to .attend properly to all the demands of the Library and to keep up our current subscriptions and purchases. A very large portion Qf the Judicial Reports, Text-books, and. Statutes were found to be unmarked with the Library's stamp. These I have 1narkecl in such a manner that it will be difficult for · any one to remove the sign of ownernhip. In the course of re-tu­ rangement a book support has hem1 introtlueed, adding nrnch to the-;appearance of the Library. In compliance with the provisions of Chapter 14, Vol. 22, Law:,: of Delaware, one hunclrecl copies each of the five volumes of the re-print of Harrington's Delaware Reports have been deposited in the Library. Since no authority has been given for the dis­ tribution of these reports permit me to suggest that the Librarian be authorized• to ascertain. from each of the li brarics · on our Inter- · state exchange list, the volumes of Harrington's Delaware Reports missing, and if any of said reports be missing to supply the needed volnmei::. · Inasmuch as we ttre the recipients of all the departmental re­ ports and publications of many of the States and Territories, I earnestly request that each of our State · Departments be required to deposit in the State Library seventy-five copies of their respee­ tiYe report:-:;to be distributed by the Librarian in the same manner as are the judicial reports and statutes. \Voulcl also request that seventy-five tinbstantially bound copies of the .Journals of both the Senate and the House of Representatives be clep<)siteclhere for dis­ tribution in like manner. Request for the a.bove named documentr.; :1.rebeirig constantly mi1cletci this Departrnent. The purchase of fuel used in heating the State House and the· making of necessary repairs to the building comes nncler the man­ agement of this Departn1ent, but i10 means of paying for said fuel ,md necessary repairs is provided for. The parties delivering fuel or doing the work have frequently to wait more than a year to secure their inoney. This is not based on good business principle:,; . and is not econornical. · Therefore I would RuggeRtthat the Statt, Treasurer be authorized to pay, upon the warrant of the Governor, a.11bills for fuel used in heating the State House arnl for the rn"CPR­ c:'ary repairs upon said building. The following is a list of the books purchased during my term up to December 1st, 1902: Of West Publishing Company. Century Digest, Vols. 1 to 35. !j 42

Of West Publishing Company-Continued. American Digest, Vols. HlOOB, 1901 A, 1901 B, 1902 A . .Atlantic Reporter, Vols. 35, 38 to 43, 47 to .51. Federal Reporter, Vols. 105 to 115. Northeastern Reporter, Vols. 58 to 63. Northwestern Reportei·, Vols. 84 to 90. New York Supplement, Vols. 67 to 76. Pacific Reporter, Vols. 63 to 69. Southern Reporter, Vols. 29 to 31. Southeaste.rn Reporter, Vol. 37 to 41. Soutnwestem Reporter, Vols. 60 to 68. OfH_ C. Patterson. Atlantic Reporter, Vols. 1 to 34, 36 and 37, and 44 to 46. Soney & Sage. Spelling on Injunction, Vols .. 1 and 2. Of Callaghan & Company. Illinois Appellate Court Reports, Vols. 1 to 99. Of Kay & Brother. -) ' ,·, United States Supreme Court Reports, Vols. 1'79 to 182. Law Reports, English, (3 series). ' Chancery, 1900, Vols. 1 and 2. Queen's Bench, 1900, Vols. I and 2. Probate, 1900, Vol. 1. , Appeal' Cases, 1900, VoL 1. Chancery, 1901, Vols. 1 and 2. King's Bench, 1901, Vols. 1 and 2. Probate, 1901, Vol. 1. Appeal Cases, 1901, Vol. 1. Of the Bank's Law Publishing Company. Russell & Winslow's Syllabus Digest (U. S. Supreme Court R0- ·. · ports) Vols. 1 to 3. · Geoi·ge T. Bissell. Delaware Laws, Vols. 13. 'I'he George T. Bissell Company. United States Supreme Court Reports, Vols. 183 to 186. 43

Of the Boston Book Company. EngliRh Ruling Cases, Vols. 2B to 26. English Reports (full re-print) Vols. 1 to 20. The following is a list of books and pamphlets received through Inter-State J~xcharige during term up to December l, 1902: Ala h1tma. Suprerne Court Reports, Volumes 123 to ml. Ariiona. Revised Statutes oi'.Ariwna. Arlrnnsas . .Journals of the Senate and 'House .of Representatives. Report of the Secretary of State, 1900-1901 (pamphlet). Supreme Court Reports, Volumes 68 and 69. Acts of Arkansas, 1901. Report of State Treasurer, 189H-1900. Report of Railroad Commission, 1899-1900. Corporation Laws of Arkansas, 1899, (pamphlet.) Game Laws of Arkansas, 1901, (pamphlet.) ~fossage of Governor Daniel vV. .Jones, HlOl, (pam.) Nine other l\JiRcelfaneous ReportR in pamphlet form. California. , Supreme Court Reports, Vols, 133 to 186. Canada. Geological Survey of Carrnda, (index l8B3-I884.) Royal Society of Cn,nada, Volume 7, '1901. Colorado. Session Law8 of Colorado, 1801. Session Laws of Colorado, 1902. Appellate Court Reports, Volume 14. Supreme Court Report,, Volume 28. Connecticut. Public Document~, Volumes 1, to 4. State Librarian's Report, 1900. Register and Manual of Connecticut, 1901. Report of Board of Agriculture, 1901. 44

Uonnecticut-C~ntin~ed. Public Acts of Connecticut, 1901.. _ Betterson-Buckley Debate, (pamphlet.) Index to Special Laws (1789-1897.) Report of Histol'ical Society, 1901 (prtnn.ihlet.) Special Acts of Connecticut, 1901 (paipphlet,) Hand-Book of Connecticut, Agriculture, 1901 (pamphlet.) .Journals of Senate and House of Representatives, HlOl. . Special Laws of Connecticut, Voh1.me 13, (l8flfl-Hl01.) Supreme Court Reports, Volume 73. Public Documei1ts, Volume 1 to 4, (1901.) Report of Bureau of Labor a11d Statistics, HlOl. Register and Manual of Connecticut, 1902. · Constitutional Convention Documents Nos. 1 to 4, (pamphlet.) Historical Society Collection, Volume 8. Militia Laws, 1888-1893. Cons~itutional Convention .Journal, Hl02. Delaware. - One hundred copies of Harritigton's Delaware Reports, Vol. 1. One hundred copi_esof Harrington's Delaware Repoi.'ts, Vol. 2. One hundred copie8 of Harrington's Delaware Reports, Vol. 3. One hundred copies of Hm1.'ingt_on's Delaware Reports, Vol. 4. One hundred copies of Harrington's Delaware Reporti,, Vol. 5. One hundred copies of Pennewill's DHlaware Reports, Volnme 2. Two copies of House .Journal, 1901. Two copies of Senate Journal, 1901. · F'lorida. Laws of Florida, 1899. Laws of Florida, 1901. Journals of Senate and-·Horn;e of Representatives, 1899 . .Touri;1alsof Senate and House of RepresentativeH, 1901. Messages and Documents of Florida, 1899. Messages and Documents of Florida, 1901. Supreme Court Re,ports, Volum.e 41. lieorgia. _ _ _ Supre1!1e ~ourt Reports, Volumes 111 to 114. Laws of Georgia, 1896-1900. Laws of Georgia, 190L 45

Goorgia-Conti11ued . .Journal,; of the Senate m1d House of Representatives,1899-1900. Jounmls of the Senate and House of Representatives, HJOl. r:-eorgia Hif--toricrtl ;,incl Im1ustrial. Ddaware. Historical Soeiety of Delaw11re. Papcirs of the Historical Society of Delaware Proceedings at the unveiling of l\fonunwnt nt Cnoch'f--Bridge. Hawaii. Supreme Court Report:-:, Volunwr,; 1 to 13. Idaho. Session. Laws of Ill.tho, 1901. Codt\S of Telaho, (annotated), mo1, Volume 1 to 4. Illi.rwis. Supreme Court Report,;, Volumes 188 to HJ(;~ J onmal,; rJf th(· Senak arn1 Honse of Representativm,, 1901. Indiana. Supreme Uourt Reports, Volumes 15i5 tu 157. Appellate Court Reports, Volurrrns 24 to 27. )._c:t,-of Indiana, 1901. · J mmrnls of Sermte and House of Representatives, 1901. Twenty-seven Vok of Depm'tmenta.l R(·)ports, 18~rn, 1900, 1901. Twenty-ni1w MiHcellaneons RPports, etc., in pamphlet form, Tntm·-State Cmm11erce C0111mission. Inter-State Commerce Commission Reports, 18\:JS. Inter-State Commerce Commission Reports, 1899. Inter-StatP Commerce Commission ReportH, 1900. Inter-State Commerce CommisRi<-inReports, 1901. Iowa. ;:,uprenw Court Report;;, Volumes 109 to 114, Laws of Iowa, (29 G. A.) 1902. Iowa Document,::, Volnmel:i l to 6, 18\:l8. Iowa Documents, Volumes.J. to 7, 1900. Report of Attorney-Heneml, 1899. 46.

, Kansas. Supreme Court Reports, Volumes 62 and 63. Kansas Appeals Reports, Volume 10. Laws of Kansas, 1901. General Statutes of Kansas, I901. Kentucky. Supreme Court Reports, Volumes 102 to 104. Acts of Kentucky, 1900. Acts of KentucJry, 1902 . .J otfrnals of the Senate and House of Representatives, 1900 . .Journals of the Senate and House of Representatives, 1902. Legislative Documents, Volumes 1 to 3, 1897-1900. Legislative Documents, Volumes 1 to 6, 190L Manual, 1902 0{J Catalogue of State Library, H102, (pamphlet.) Louisiana. Supreme Court Reports, Volumes 104 to 106. Acts of Louisana, 1902. Eight Volumes of Departmental Reports, 1900, 1901, 1902. Seventeen Miscellaneous Reports, 1900, 1901, 1902, (pamphlet.) :Maine. Supreme Court Reports, Volumes 94 and 95. Laws of Maine, 1901. Publlc Documents, Volumes 1 to 4, 1901. Public Documents, Volumes 1 to 4, 1902. Collections of Maine Historical Society, Volumes 7 and, 8., Maine Register, 1901. Maine Register, 1902, 1903 . .Journals of the House of Representatives arid Senate, 1901. Senate and House Bills· and Documents, Volumes 1 to 3, 1901. Twenty-seven volumes of Departmental reports, 1897, 1902. Ten Miscellaneous Reports, etc., 1900, 1901. Maryland. · Supreme Court Reports, Volumes 9I to to 94 . .Journals of the Senate and House of Delegates, 1901. .Journals of the Senate and House of Delegates, 1902. Acts of Extra Session, 1901. Roster of Soldiers and Sailors of Spanish-American War. 47

1fary land-Continued. )faryland, Archives, Volume 21. Report of Public Schools of Maryland, 1901. Senate and House Documents, 1902. Laws of Maryland, 1902. 1\fassachusetts. Public Documentf;, Volumes 1 to 12, 1899. Public Documents, Volumes 1 to 12, 1900. · Census of Massachusetts, 1895. Report of State Librarian,· 1900 (pamphlet.) Report of Massachusetts Schoql of Technology (pamphlet.), Manual of General Court, 1901. Manual of General Court, 1902. . . · Supreme Court Reports, Volumes 176 to 179.. Acts and Resolves of Massachusetts, 1901. Acts and Resolves of Massachusetts, 1902. Acts and Resolves of the Pi·ovince of Mass. Bay, 1708..aI7I9. Mass. Soldiers and Sailors of Revolutionary War, Vols. 7 to 9. Revised Laws of Massachusetts, Volumes 1 apd 2. Labor and Industrial Chronology, 1899, 1900, 1901. Michiga,n. Supreme Court Reports, Volumes 120 to 126. ,Joumals of Sen~te and House of Representatives. (Ex. Ses.) 1900. . .Joumal of the House of Reprer;entatives, Vols. 1 to 3, 1901. .Journal of the Senate, Volume 1 and 2, 1901. Laws of Extra Session, 1900. Public AGts, 1901. Local Acts, 1901. Pioneer and Historical Collection, Volumes 29 and 31. Thirty-eight Volumes of DepartmentaI Reports, 1896-1902. One Hundred and Three _Misc.ellaneous Papers in pam. forn:. :Minnesota. Supreme Court Reports, Volumes 77 to 74. Geological Survey, Volumes 3 and 4. Laws of Minnesota. Miscellaneous. Reports of American Bar Association. , . 48 _,,

Miscellaneol'ts-Contin. ued. . Harvard University Catalogue, 1900 to 1901. .Journal of American-Irish Historical Society,· Volume 3, Proceedings of American Phal'maceutical Association, 1901. National Register of Society of Sons of American Revolution· Hl02 (prm,entncl hy Howanl DeHaven Ro,;s.) l\1ississippi. Supreme Court. Repoi-ts, Volumes 77 to 79. Laws of Mississippi, 1902. J our~1lils of Senate and Ho11se <)f Rep1·esentatives, 1902. Departmental. Reports, l 900-1901. Missouri. Supreme Court Reports, Vohi. 155 to 168. Missouri Appeal Reports, Vols. 84 to 91. Laws of Missouri, 1901. l\fontmm. Supreme Cow-t Reports, Vols. 24 and 25. Laws of Montana, 1901. · Messages ·and Documents of tl-overnor Smith. Report of Bureau of Agriculture, labor, etc., HJOO. Report of State Boanl of Horticulture (pam.) Twentjr reporti- of varimrn committee~ an

New Hampshire-Continued. N. H. Annual Reports, 1901. N. H. Laws, 1901. · .Journals of Senate and House of Representative8, 1901. Kew .Jersey. N. J. Law Reports, Vols. 64 to 66. · N .J. Equity Reports, Vols. 59 to 61.. Comptroller's Report, 1900. Legislative Manual, 1901. Legislative Manual, 1902 ... Annual Report of State Librarian, 1900. Annu~l Report of State Librarian, 1901. First Report of Public Library Commission, 1900, pam. Second Report Public Library Commission, 1901, pam. Laws of New Jersey, 1901. Laws of New Jersey, 1902 . .Journal of the Senate, 1901. .Tournal of Senate, 1902. Minutes of Assembly, 1901. Minutes of Assembly, 1902. New i\iexico. Session Laws of Nmv Mexico, 1901. New York. New York Reports, Vols. 164 to 170. Reports of Appellate Division of Supreme Court, Vols. -54-70. SessiOn La ,vs, \Tols. 1 and 2, 1902. ·· New York in the Spanish-American '\Var, Vol:o. 1 and 2. PuiJlic Papers of George. Clinton, Vols 4 and 5. Senate Documents, 1896, 1897, 1898, 1899, 1900. Assembly Documents, 1899, 1900. Assembly J Ournal, 1899, 1901. Senate .Journal, 1899, 1901. Legislative Manual; 1901. Legislative Manual, 1902. Revised Records C011stitutional Convention, Vols. 1 to 5. Revised Documents of Constitutional Convention, Vol. 1. Thirty-three volumes miscellaneous reports, etc. . Fifty-six miscellaneous bulleting and reportR (pan{.) 7 50

'.':orth Carolina. Supreme Court Report8, V 018. 127 to lBO. Public LtLW8of N. C., 1901. Private Laws of N. C., 1901. Report of Buren,u of Labor and Printing, 1_900. North Dakota. Supreme Court Reports, Vol. 8. Law8 of North Dakota, '1901. Legislative Manual, 1901. Public Documents, Vols .. 1 and 2 . .Tou)'nalR of Senate and I-I0trne of RepresentativeH, HJ01. Ohio. :supreme Court Reports, VolR G3to 65. Laws of Ohio, 1900. Laws of Ohio, 1902. Journals of Senate and House of Repret1entatives, HJOO. ]Dxecutive Documeats, 1897, 18B8, 1899, 1900. Manual of Ohio (Legislative practice), 1900-1!)01. The Ohio Humlrecl Year Book, 1803-1902; Ballot ]Dlection Law of Ohio, 1901 (pam.) lnt1urance Laws of Ohio, 1901, (pmn.) .Bird, Fish and Game Lt,w, 1901, (parn.) Eighteen volumes miscellaneous reportR. :Sixty· three miscellaneouR reports in pam. form. Oklahoma. Supreme Court Reports, Vol. 10. :Session Li,ws of Oklahoma, 1901. Oregon. Supreme Court Reports, Vols. 33 to 39. General Laws of Oregon, 1901. R8port of Secretary of State, 189H-1900. Pennsylvania. Supreme Court Reports, Vols. 193 to 201. Superior Court Reports, Vols. 10 to 19. Statutes at large, Vols. 6 and 7. 51

Pennsy 1van ia-Contin ued. La"~s or Pennsylvania, 1901. Oflicial Documents, Vols. 1 to 9. Official Documents, Vols. 1 to 10. State Librarian's Report, 1899, 1900, 1901. Snrnll' s Legislative Hand-Book, 1900, 1901, 1902. . Penirnylvanitt Archives, Vols. 9 and 12 (second Reries). Pa. Volunteers in. Spanish American "\Var. Pa. at Chickamauga and Chattanooga. Senate .Tourrntl, Vols. 1 and 2, 1901. .Tonrnal HouRe of Represei1ta.tiveR, Vols. 1 and 2, 1901. i.iuehec. Statutes of Qud>ec (First Eclwtml VII) 1901. Statutes of Quebec, (Second Edward VII), 1902. Journal of Legislative Assembly, Vol. 36, 1902, Journal of Legislative· Council, Vol. 36, 1902. Sessiorml PapcffR-Departrnental Reports-Vol. 3,5, parts 1 a]l(l 2, l 002. Rhode Island. Supreme Court Reports, Vol. 22. Digest of Rhode Isbncl Reports, (Vols. 1 to 20). Public Liws of Rhode Island, .1898-1899 . .Public Laws of Rhude Islam1, 1900-1901. Civil and l\Iilitary List, 1647-1800. Civil and 1\Iilitar.Y List, 1800-1850. General Tre:tsurer' s Report, 1902. Legislative History and Souvenir. Report of State Board of Health, 1898. Report of Industfrtl Sfaitistics, 1899, 1901. Report of State llrntrd of Agriculture 1900. Report of Condition of State Banks, 1901. Eighth Annual Report. of Factory Inspector. Fifteen• nriscel1n.1wousreports in pamphlet form. South Carolina. Suprnme C~imt Reports, V 011:1. 57 to (-i2. Acts of South Carolina, 1901. Acts of South Carolina. 1902. Code of Laws of South Caroli1\a, Vols. 1 and :2, 1902. 52

South Carolina-Continued. Journals of Senate and House of Representatives, 1901. Journals of Senate and House of Representatives, 1902 . . Reports and resolutions, 190I.

Reports and resolutions, 1902.\ . Sontlr Dakota. Supreme Court Iieports, Vols, 13 to 15. Session Laws, 1901, Journals of Senate and Honse of Representatives, 1.901. Public Documents, 1901. Tennessee. Supreme Court Reports, Vols. 104 to 106. Acts of Tennessee, 1901. Report of Railroad Commission,)899-1900. Commission of Agriculture Report, 1899-1900 (ptun.) Treasurer's Report, 1899, 1900. Report of Superintendent of Public Instruction, 1899-1900, (parn.) Texa:,;. Civil Appeal Reports, Volume 23. Criminal Reports, Vol. 41. Supreme Court Reports, Vol. 94. Utah. Supreme, Court Reports, Vol.B.21 to 23. Journals of the Senate and House of Representatives, 1899 . .Journals of the Senate and House of Representatives, 1901. Pt1blic Documents of Utah, 1899-1900. Vermont. Supreme Court Reports, Vols. 71 to 73. Legislative Directory, 1900. Report of Board of Health, 1898-1899. Agricultural Report, 1899, 1900, 1901. Report of Railroad Commission, 1900. Report of Inspector of Finance, 1899, 1900, 1901. Report of Im:nrance Cmnmissioner, 1899, 1901. ,53

Vermont-Continued. Report of Boundary Commission. Report of Library Committee, 1899-1900. Schoo] Report, 1900. State Officers' Reports, 1899..,.1900. Seven Miscellaneous Reports in pam. form. Lnws of Vermont, 1900. .JournalR of the Senate and House of Representatives, 1901. Virginia. Supreme Court Reports, Vol. 98. Acts of Assembly, 1901. .Journal of the Senate and House of Representatives, 1901. Report of Railroad Commission, 1900. Annual Report, 1900. Washington. Supreme Court Reports, Vols. 20 to 26. Session Laws, 1899. Biennial ReportR of Labor Commission, 1899-1900. West Virginia. Supreme Court of Appeals Reports, Vols. 47 to 50. Wi:.,consin. Supreme Court Reports, Vols. 106 to 112. ·wisconsin Laws, 1901. ·wisconsin Blue-Book, 1901. . VI'isconsin Tax Commission Reports, 1901. State Treasurer's Report, 1899-1900. Wyoming. Supreme Court Reports, Vols. 8 and 9. Laws of Wyoming, 1901. Biennial Report of the State Treasurer, pamphlet. United States. Specificationt' and Dn1wings of United States Pa:tent office. For March to December, 1897, twenty volumes. For 1898, twenty-four volumes. 54

United States-Continued. For 1899, twenty-four volumes. For 1900, twenty-four volurnes. ]j~or1901, twenty-four volumes. The Officittl Gazette of the U. S. Patent Office is received weekly. (it is but the advance sheets of the bound volumes of th<', specifications and drawings above 111entioned.) Monthly \,Vea:ther Review, (pam.) Congressional Record, Second Session of ,56th Congress, Vols. . 34 in four pnrts, with separate index. Congressional Record First Sessison of the ,57th CongreBs, Vo 1. 35 in eight parts with separate Index. Senate Documents Second Session 55th Congress, Vol. 55.·. House Documents, Second Session 55th Congress, Vol. 7~). House Documents, Third Session .55th Congress, Vols. 1, 2, 3, 4, 6, 7, 8, ~), 10, H, 17, 20, 22, 23, 25, 32, 33, 36, 014. 50, 52, 56, 65, 68, 69, 71, 72, 75, 76, 77, 78, 70, 80, 81, 8l), 8G, 87, 88, 02, 03, 94, 05,. Senate Reports First Session, 56th Co11gres-:,Volr-:. 1, 2, 3, 5, (5, . 7, 8, 0, 10, 11. . House Reports, Firr-:t Se:::sion 56th Congre:os, Vols. 1, 2, 3, 4, ii, 6, 7. i':\ennte Document:-:, Fir:-:t Session 56th Congress, Vols. 1, 2 pts. · land 2, 4, 5, 6, 7, pt. 1, 9, pts. 1 and 2, 10, 12, 13, 14, 15, 16, 17, pts. 1 and 2, 19, 20, 21, 22, 23, 24, 2.5, 26, 27. 28, 20, 30, 31, '32, 3B,·3L1, 35, 36, 38, 39, 40, 41, 42, 48. 44, 46. House Document:-:, FirBt 8ession 56th Congre:os, Vole;. l, ,3, G, 7, 8, 9, 10, 11, pts. l and 2, 12, 13, H, 15, Hi, 17, 18, 19, 20, pats. 1 and 2, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31. 32, :::l:-3, 34, 35, BG,37, 38, 3~),40, 41, 42, 43, 44, 45, pats. 1 and 2, 4G. 47. 48, 40, 50, fil, 52, .53, .54, 56, -56, pts. 1 and 2, .57, -58, 59, 60, 61, G2, 63, G4, 65, 6H, G7, 69, 70, 71, 72, 73, 74. 7.5, 7G, 77, 78, 70, 80, 81, 82, 88, 84, 8G, 87, 88, 89, ~ll, 02, 93, 94, 95, 96, 97, 98, 09, 101, 102, 103, 104, lOG, 107, 108, 109, 112, 113, pts. 1 and 2, 114, 115, 1 rn, 118, lHJ, 120, 122, 128. Senate Report, Second Session .5GthCongress, Vols. 1, 2, 3, 4, fi, Honse Reports, Second Session 56th Congress, Vols. 1, 2, 3, 01, fi,B. . Senate Documents, Second Session fiGth Congress, Vols. 3, 4, 5, 55

United States-Continue

And on his further motion, was ordered spreacl upon the .Journal. Mr. Hodgson, Clerk of the Honse, being admitted, returned to the Semite the following duly and correctly enrolled Senate Joint Resolution, the same having been/ signed by the Spealuff of th0 House and President of the Senate: iifi

Senate Joint Resolution No. 1, entitled: Senate Joint Resolution for the adjournment of both Houses, until Monday January 12, 1903, at eleven o' olock a. m. And returned same to the Senate. On motion of Mr. l\foNulty, the Senate adjourned until eleven o' clo0k Monday morning, .fanuary 12th, in acc<)rrlwith Senate ,Joint Resolution, No. 1. J\lonclay, .January 12, 1903-11 o'clock A. M. Senate met pursuant to adjournment. Prayer by the Chaplain. Roll called. "Members present-l\iessr:,. Allee, Brasure, Cle­ ments, Conner, Groves, Harrington, .Jefferson, Latta, McNulty, Moore, D. 0., Moore, T. C., Pennewill, Smith, Sparks, Stirling, Wright, Mr. President pro tempore, Mr. President . .Journal read and approved. On motion of Mr. Sparks, .Jame,.; L. Hawkins was sworn in a:,: Sergeant-at-Arms, as follows : I do solemnly swear that I will support the Constitution of the United States and the Coustituti,m 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 according to the best of my ability. .JAMES L. HAWKINS. On motion of Mr. Brasure, Asa Bennett was sworn in as Enroll­ ing Clerk, as follows : I do solemnly swear that I will support the Constitution of the United States ttncl the Constitution of the State of Dela ware, and that I will faithfully cfo;charge the duties of Enrolling Clerk of the Senate of the State of Delaware according to the best of my ability. ASA BENNETT. :\Ir. Allee gave notice that on to-morrow or some future clay he would ask leave to introduce a bill, entitled : "An act authorizing the Governor to appoint an additional ~ofary Public for Kent County, resident in the town of Dover." Mr. Sparks gave notice that on to-morrow or some future cfay he would ask leave to introduce a bill, entitled : 8 58

"An act repealing Chapter 63, Volume 22; Laws of Delaw1tre, being an act creating the 'office of Voten;' Assistants and prescrib:.. ing the duties thereof. n Mr. Harrington gave notice. that on to-morrow or sonrn futme day he would ask leave to introduce a, bill, entitled : ''Anact proposing an amendment to Section 4 · o:l' A1·ticle 5 of the Constitutkm of Delaware providing for a permanent Registm­ tion of Vote1·s.'' Mr. Smith gave 11otice that on to-morrow or H<>mefuture day h<~ would ask leave to introduce a bill, .entitled : · "An act 'to create and i)e1·1mmently improve a Stiite Road.D . . ' Mr. Moore, 'l'. C., offered the following resolutbn : Be it resolved by the Senate that the Clerk of the Senate be and is hereby authol'izecl to procure for each member and officer of tht" Senate an nutographic rubber stamp, with ink and pad for thP same.

And further, 011 · his motion, WaA Adopted.

On mc)tion of Mr. Allee, all notice:,; of contests Hpecificatim1H,pe­ titions and answers were read, as follows: In the Superior Court of the State of Delawme, constituted and coiivenecl on the sixth clay of November, A. D. 1902, in Sussex County for the performance of the ch1ties imposed upon it by thf> Constitution and the laws of the State of Delftware. Article V. Section n; In the matter of certificates -of the Ueneml Election held in the First Election District of the Tenth Repi·esentntive District ofSus- sex County in the year A. D. HJ02. · S•rA'fE ·oF DELA Am<::,Y · ·w ~SH .SussEX CouN'rY. · J '· Be it remembered, that on this 7th day of November, A. D:, 1902,personally came before 1:ne,Stansbury J. Wheatley, Prothono­ tary of the said Court, .John A. Collins, Republican .Judge of Elec- · 59 tion for the First JJJlectiou District of the 'l'e1ith Representative Dis­ trict of Sussex· County, District of Sussex County, who being by me fin,t duly qualifiecl according· to law, deposes and says: . . 'J'hat on the 4th day of November, A. D,, 11102,the said Gen­ t)l'al JJ;lection was held in saifl Election District. That 'Wesley Coverdale wa,; the Inspector of the said General Election for the said JBlection District, and John· A. Collin,; and George Walls were the Judges of the said General Election in tlw said Election District, and that David T. Atkins and Arthur Jeff­ eri,:on were the Clerks of the said General ]1:ileetionin the said Elec­ tion District helrl as aforesaid. That about Jive hundred and fifty-tvvo ballots were cleprn,itecl in said Jrneetion District by ,the duly itncl legally qualified elector.s thereof, at srtid General Election, so held :ts aforesaid.

That by mistake, the Inspector ;111d J uclge8 at 8aid Genenil Elec­ tion in said lBlection District counted' about five hundred and thirty-eight said oflicial ballots voted a:o aforesaid, each of which said ballots was folded in the manner required by law, and .across the back of each and near the middle thereof. eac:h of ::;aid clerk,; nf said election for said district had written their initials i11ink Tlmt each and every of said ofiicial ballotc: a8 afore8aid were i1nproperly and illegally counted, from this: that under and by virtue of Chapter 62, Volume 22 of the LaW8 of Delaware, it was the imperative duty of the voters or electors casting the 8aid official hallots to indicate thereon the cancliclate for whom they desired to vote at such General Election by marking Ha,idofficial hallot8 with­ in the square containing the device by a mark crossing two lines with an indelible .black lead pencil or m1 indelible black crayon, and not by any other mean8 whatever; hut notwithstanding the pro­ visions of said Chapter Vol. G2,22, Laws or Delaware, five hundred and fifty-two voters or electors in said First Election District of th0 Tenth Representative District. did not mark the said official ballots pursuant to the law aforesaid, with an indelible black lead pencil nr indelible black crayon, but they did miike such marks by a, certaii1 other means or instrumentality for thtit purpose, to wit : An ordinary lead pencil, which 8aicl method of marking was con­ trary to law and thereby rendered said halloti;; illegal and void. That the said .al>civementioned. ballots so counted and accepted GO as aforesaid, should have bsen rejected because the said mark cross­ ing two lines in the large squares enclosing the device at the head or top of the ticket was not made with an indelible black lead pen­ cil or indelible black crayon, as provic1ed for in Chapter G2, Vol. 22, Laws of Delaware. · That' the said above mentioned ballots so counted m; aforesaid, should have been rejected because the said mark ci:os,:ing two lines in the large squares enclosing the device at the head or top of the ticket was made by a means or instrumentality prohibited 11,v Chapter 62, Volume 22, Laws of Delaware, to wit; a pencil otlwr than an indelible black lead pencil or indelible black crayon. That each· and all of said. ballots have been prC'served by said In­ spector and at the close of the count were placed with the seals of the ballot package in the box in whicli the ballots were put when read, which said box is now in the custody of the Prothonotary of ,this Honorable Court, as 1:1aiddeponent is informed and believe,.:. That the certificates of· said election, held as aforesaid, in ,mid Election District, do not show the true state of said Election Dis­ trict, but on the contrary there is a mistake in each of said certifi­ cates as to the number of legal votes given and excepted in said election district at the said General Election, for all candidates, whereby each of the said ca11didates has been credited with and al­ lowed five hundred and thirty-eight legal votes in said election <1istrict by the qualified electors thereof, to said candidates at said General Election of A. D. 1902 whereas none of said ballots shonlrl have been counted and accepted as being legal ballots . .JOI-IN A. COLLINS. Sworn to and subscribed to before me this seventh clay of NO\·­ ernber, A. D., 1902, as witness my hand and official seal, the ,lar and elate above written. STANSBURY J. \VHEATLEY, [SEAL.] Prothonotary. To the Honorable, the Judges of the Superior Court of the State of Delaware, in and for Sussex County, constituted and convened under the provisions of Article V. Section 6, of the Constitution: The petition of John A. Collins, the above deponent, respect­ fully prays your Honors to issue summary process against the elec­ tion officers of the said ahove mentioned Election District or an? en other persons, to bring them forthwith into this Court with the election papers in their possession or under their control,. and fur-· ther prays that you open or cause to be opened the said ballot boxes, and that yo'u take or cause to be t11ken therefrom all papers and ballots contained therein and that a rH-count of all the ballots contained thHrein be made and that any fraud, rnistakes, or error in any certificate or paper relating to said election be corrected, and that you thereupon immediately re-count a11 the ba,llots con­ tained therein in the_ manner prescribed by law. And your petitioner th11t your Honors may make any and all other orders that may be necessary in the matters corn.plained of as aforesaid, and which your Honors may make under the Consti­ tution and the Acts of the General Assembly of the State of Del­ aware . . And your petitioner will ever pray, &c. JOHN A. COLLINS.

STA'l'E OF DELAWARE,} ss Sussgx CouN'rY. · I, Stansbury ,J. Wheatley, Prothonotary of the Superior Court of the State of Delawttre, in and for Sussex County, do hereby certify that the above and foregoing pages are a true and correct copy of the petition of .John A. Collins, Republican .Judge of the First Election District of the Tenth Representative District of Sussex County, Delaware, said petition having been filed in said Conrt, November seventh, A. D 1902. Witness my h11ncland seal of o.tlice, this [sEAL.] Nineteenth day of February, · A. D. 1903. srrANSBURY .T. WHEATLEY, Prothonotary.

Georgetown, Delaware, Thursday, Nov. 6, 1902. SeBsion of Superior Court convened under Ai'ticle V, Section VI, Constitution of the State of Delaware. · Court convened at 12 M. with Judges Ignatius C. Grubb and William H. Boyce on the bench. (32

Charles R. Jones, Charles L. Moore ancl' George vV Jones wcr<, · appointed clerks and duly sworn: . Albert F. Polk and John Barr were :1ppointed assistants.

Charles T. Purnell and Rnfns \V: Torbert were appointed cllf'­ todians of the ballot boxes. Certificates of inspectors were delivered to the court by tlw Pro­ thonotar_y. CertificateR of "Judges of Election''

\Vocidburn :Maitin, Esq., gave notice of coutrn,ts in tlte l11ir:4 Election District of the First Representative District; the tiecond eh·<·­ tion district of the first representative district; the first election dis­ trict of the second representative district; the set.:oncl election lh>'­ trict of the second representative district; the fourth representatiY

Court took a recess until 2.30 P. i\L AFTERNOON 8l%SlOX. Upon application of Messrs. Martin and Cahall, time mtr:; extend­ ed for filing petitions until Friday, Novemlwr the Reventh, 10 o'clock A. M. Upon application of vVoodbum Martin, Esq:, contests iu tlH· first election district of the first representative district; the fir;;t election ,district of the seventh representative district, and th(· ;;econd election district of the seventh representative district, W<'r<' withdrawn, an,1 conrt took a recess until f; o' elock P., M.

NWHT SlDSRION. vVooclbum 1Iartin, Esq., offered tlrn petitioi1 of Rilous H. Evan::;. Democratic judge of election, .praying a recount of two reject<:,d ballots in the third election distriqt of the tenth representatin· district. ') 6i)

Court ordl,red ballot box opened, inspected said rejected ballots, and ordered them counted for the candidate thereon voted for. A recess was taken until Fricfay, at 10 o'clock A. M.

:MORNING SESSION. Petition of George E. l\foO'ee to count reJ·ected ballots ir1 the Ninth Representative' District 0 offered by .Joseph' L. Cahall, Esq., and filed. Court ordered the ballot box of said election district to be opened, inspected the twenty-seven ballots rejected by the elec­ tion officers thereof, and counted nine of the ballots for the candi­ ,htes thereon voted for. Three of which ballots were voted, for ,:andidate on the Democratic ticket and six of which ballots wen" nited for candidate on the Union Republican ticket. Conte:,;ts in the second election district of the first representative district, the first election district of the second representative dis­ trict, the second election district of the second representative dis­ trict, the fourth representative district, the third election district of the sixth representative district and the eighth representative district were withdrawn upon application of W oo_dburn Martin, Esq., and a. rncesi-,waR taken until 2 o'clock P. M.

AF'l'J,JH.NOON SESSION. Petition of .John A . .Collin:,;, Republican judge of election, to re­ ject all the ballots voted ih the first election district of the tenth representiLtive district, read by ,Joseph L. Cahall, Esq., arid diR­ miRRedby the court. ReceRs taken until 7. 80 o'clock P. ivf.

NIGH'l' RESRION.

Tabulation continued until 10 o'clock P. M., when court took a recess until 8 o'clock A. ir., Saturday.

:\IORNING SESSION. After completing certificates, Charles L. Moore, Esq., was de­ puted by the court to deliver certificates of election to the proper officials in the State. · When ballot boxes had been delivered to the Sheriff, court ad­ journed sine die. STANSBURY .J. WHEATLEY, Prothonotary. 64

STA'fE OF DELAWARE,} , SussEx CouN'rY. , SH. I. Stansbury J. Wheatley, Prothonotary of the Superior Court of, said County and State, do hereby certify that. the itbove and foregoing pages contain t, true and correct copy of the minutes of the Superior Court, convened at Georgetown, Delaware, November the sixth, A. D. 1902, under and by virtue of Article V, Section VI of the Constitution of said State. In Testimony whereof, I have hereunto set [SEAL] 1ny hand and Real of said Superior Court thi:­ twenty-fin,t day of February, A. D. 1903. STANSBURY .J. WJ-IJj;ATLEY, Protho11,otnry.

In the Superior Court of the State of Delaware, constituted and convened on the eighth dity of November, A. D. 1902, in Sussex County, for the performanc,, of the duties iinposed upon it by the Constitution and the Lt1w:,; of the State of Delaware, Article V, Section 6. · In the matter of certificates of the General Election held in the Election District of the Ninth Representative District of Sussex County in the year, A. D. 1902.

S'rA'rE OI<' DELAWARE, } ' SUSSEXCOUNTY. ss. Be it remembered that on this seventh day of November, A. IJ. l\:J02, personally came before me, Stansbury .J. 'Wheatley, Prothono­ tary of the said Crrnrt, George K Megee, the Union Republican candidate for the office of Senator in the General Assemblv of the State of Delaware from the Fifth Senatorial District of Sussex County, who being by me first duly qualified according to law,

Mustard ·were the clerks of the said general election in said election district h_eld a~ aforesaid: · That about seven hundred and thirty-five (735) legal ballots were deposited in said election by the duly and legally qualified electors thereof, at said general election, so held as aforesaid. That by mistake the Inspector and Judges at said ·General Elec­ tion in said Election District rejected and refused to count twenty­ Reven (27) of the said official ballots voted as aforesaid, each of. which ballot was folded in the manner required by law and across the back of each of which and near the middle thereof each of said clerks of said election for said district had written their initials in ink. 1. That of the ballots so rejected and refused to be counted,. five or six were rejected because of.a slight mark or tracing on the back of said ballots which said mark or tracing was not a distinguishing mark, but caused by accidental contact of the crayon upon said ballots. 2. That 1saicl mzuk, did not deface said ballots and was not made for a distinguishing mark. 3. That one ballot was marked on this wise. "X," said mark being made by or througlJ nervousness or hurry in not lifting crayon from ballot immediately after making the·two cross marks. 4. That one ballot was marked in this wise X, .said mark being . made through nervousness or hurry in not lifting crayon from bal­ lot immecfo1tely after rnakingthe two cross marks, or because of point of crayon having broken, making a double mark at encl of line of cross -mark. 0. That several ballots, the nmnber unknown to this deponent, were so rejected because the cross marks were apparently made by a crayon the point of which had been broken and one lin('l had parallel with it another lighter and ragged line made by a fragment of said crayon, which gave the impression of being twice marked in one line of said cross mark, the other line being less or not at all, paralleled by such slight mark or tracing. 6. that all of such marks or .tracing were not made as a dis tinguishing mark by which it was or could he indicated to any other person or persons how the said several electors or any of them ll G6

voting such ballots or ballot had voted. That two ballots rejected as aforesaid were ballots made by a mark crossing two lines with a pencil or crnyon as provided in Chapter 62, Section 2, Volume 22, Laws of Delaware. That it was possible for said inspector and said judges of said election in the said election district of said ninth representative district, to determine from r;ach of said ballots so rejected the choice of candidates made by the electors aforesaid who had voted such ballot at said election clistrict for said oflice of Representative and Senator in the General Assembly from said ninth representa­ tive district and for each of the other offices to fill which said gen­ eral election was held in said election district. That none of the said rejected baHots have or bear any sign or device of any kind as a distinguishing mark by ,,,hich it is; indi­ cated to any other person how the elector voting such ballot had voted. And that each and all of said rejected ballots has been preserved by said inspector and at the close of the count . were placed ,vith the seals of the ballot package in the box in which the ballots were put when read, which said box is now in the custody of the Pro­ thonotary of this Honorable Court, said deponent is informed and­ believes. And that the certificates of the said election held as aforesaid in said election district do not show the true state of the said election dis­ trict but on the contrary, there is a mistake in each of said certifi., cates as to the number of votes given in said election district at the said general election for all candidates of the Unio~1 Republican party, whereby each of the said candidates has been deprived of upwards of ten legal votes given in said election district by qual­ ified electors thereof to said candidates at said general election of A. D. 1902. GEORGE E. MEGEE. Sworn and subscribed to before me this seventh day of Nov­ . ember, A. D., 1902, as witness my hand, STANSBURY J. WHEATLEY, Prothonotary. To the Honorable, the Judges of the Superior Court of the State of Delaware, in and for Sussex County, constituted and convened 67

under the provisions of Article V. Section 6. of the Constitution: The petition of George E. Megee the above deponent, respect­ fully prays your Honors to issue sumn'lary process against the elec­ tion officers of the said above mentioned Election District or any other persons, to bring them forthwith into Court with the elec· tion papers in their possession or under their control, and to . open the ballot boxes and take therefrom the said rejected ballots contained therein and to make a recount of the said rejected bal­ lots contained therein and to correct any fraud or mistake in any certificate or paper relating to said election and thereupon to im­ mediately recount the said rejected ballots contained therein in the manner prescribed by law. And your petitioner further prays that your Honors make any and all other orders that may be necessary in the inatters com­ plained of as aforesaid, and which your Honors may make under the Constitution and the Acts of the General Assembly. And your petitioner will ever pray, etc. GEORGE E. MEGEE.

S·rATE OF DELAW.ARE,} SussEx CouN'rY. ss. I, Stansbury J. Wheatley, Prothonotary of the Superior Court of the State of Delaware, in and for Sussex County, do hereby certify that the above and foregoing pages are a true and correct copy .of .the petition of George E · Megee, who was the Union Republican candidate for the office of Sena.tor in the General assembly of the State of Delavrnra from the Fifth Senatorial District of Sussex Conn-' ty, Delaware, said petition having been filed in said Court, N ovem­ ber severi.th, A. D., 1902. Witness my hand and seal of office, this [SEAL] Nineteenth day of February, A. D. 1rlo3. STANSBURY J. WHEATLEY, Prothonotary.

r To Thomas W. Jefferson, Esq. In accordance with the Act o:l' Assemblv of the State 0£ Dela­ wa;e, I do hereby deliver to you the specifications of the several 68

grounds, upon which it is my intention to contest your election as member to the Senate of the General Assembly of the State of Delaware for the Fifth Senatorial District ,vithin and for the Comi.ty of Sussex and the specifications are as follows, to wit: · First-That at the election held in the Fifth Senatorial District in said Sussex County on the fourth day of November last past in the . four several election districts composing the said Senatorial District there were, in each of said election districts a large number of official ballots duly folded as by law required andLacross the back of each and near the middle thereof, duly endorsed in ink the initials of the several clerks of election for each of the said elec­ tion districts by said clerks, were by mistaken judgment of the inspectors and judges of the ·said several election districts in said Senatorial District number five in said County, and rejected and refused to be counted by said severnJ inspectors and judges at said general e.lection in the said four several election districts in said Fifth Seimtorial Disti'ict in said County, which said rejected ballots were lawfully marked, to indicate the choice of the elector" of tlw candidates he or they desired to vote for by a mark crossing two. lines with an indelible black lead pencil or indelible black crayon in the large square enclosing the device at the head or top of the ticket, which said black indelible crayon was the official crayon furnished by the Clerk of the Peace for said County for that pur­ pose· and upon which said ticket, so marked as aforesaid, my name itppeared as voted for for the otrice of Senator in the General As­ sembly for the Fifth Seriatorial District in said County, and which said ballots so as aforesaid by mistaken judgment rejected and· re­ fus.:d to be counted would lmve given me a majority in said Fifth . Senatorial District and duly elected me to the aforesaid office of Senator in the General Assembly for said Senatorial District num­ ber five in said County. · · ' · Second-'-That in · each of said several election districts in said Senatorial District number five in said County a number of ballots were received and counted for you by the inspectors and judges of t::aid ele._ctiondistrict in said Senatorial District by mistaken judg­ ment. of said inspectort:: and judges upon which your name was voted for for Senator in said Senatorial District in said County which wer~ not marked lawfully by crossing two lines with an iri­ delible black lead pencil or indelible black crayon in the large Hquare enclosing the device at the head or top of any _ticket printed on the official ballot as by law required and which ballots were 69 illegal and should not have been counted for you, the number cif which ballots so illegally counted would have been sufficient to have elected me to the office of Senator in the General Assernbly for the said Senatorial District number five in said Co\mty. Third-That at the said election in each of the four said election districts composing the said Fifth Senatorial District in said Coun­ ty a large number of ballots were received and counted for you through mistaken judgment of the inspectors and judges of said election in the said several election districts composing the said Senatorial District number five in said County upon which your name was voted for for the office of Senator in the General Assem­ bly foi· Senatorial District number five in said County, across the hacks of which and near the middle thereof the said several clerks of the said several four election districts in said Senatorial District number five in said County had not written their initials in ink as hy law required and that said ballots were improperly received and counted, hy mistaken judgment, by said several inspectors and judges of the said four .several election districts in said Senator­ i:11District number five in said County, and which said ballots so illegally and improperly counted for you gave you the majority upon the face of the returns as ascertained by the said officers and which sr1id ballots so improperly and illegally counted should have been rejected by the several inspectors and judges a,; aforesaid and if so rejected and refused to be counted would have been sufficient to have elected me trJ the office oE Senatoi· in the General Assemblv from said Senatorial District nnm ber five in said County. · Fourth-That at the said election held in the Ninth Representa­ tive District and within the si1id Fifth Senatorial District in said County, there were twenty-seven ballots rejected !mcl refused to be counted by the inspector and judges of the said Ninth Representa­ tive District aforesaid and of the ballots so rejected and refused to be counted as aforesaid six or more thereof were improperly and illegally rejected by said said inspector m1d judges of said Ninth Representative District aforesaid by mistaken judgment of said election officers in said district alleging that the said six ballots hore distinguishing marks or because the said ballots ,vere not marked by a mark crossing two lines with an indelible black lead pencil or indelible black crayon in the large square enclosing the device at the head or top of the any ticket printed on said official ballot, when in fact the said mark was made on .the square enclos­ ing the device of the Union Republican ticket on said official ballot 70 by the oflicial black crayon furnishe~l by the Clerk of the Peace of Sussex County for that purpose though the said mark was not a single clear straight line crossing another line, but. a faint tracing parallel to another straight line so crossing another line said trac­ ing being the result of a broken point of the crayon so furnished or a fragment of such crayon which gave the ii11pression or appear­ ance of two distinct marks parallel with each other crossing another line which said ballots so rejected and refused to be counted by the inspector and judges aforesaid contained my name as voted for by said electors for the office of Senator in the General Assemblv in said Fifth Senatorial District in said County and should have l;eeri counted for me by the inspectors and judges aforesaid of said Ninth Representative District and within said Fifth Senatorial District in said County and which said rejected ballots, if ::;ounted, would have elected me to the said office of Senator in the General Assem­ bly from the Fifth Senatorial District in said County. Fifth-That at the general election held as aforesaid in the Ninth Representative District and within the Fifth Senatorial District within the said County of .the ballots so rejected and refused to be counted by the inspectors and judgeR of the election in said Ninth Representative District six or more thereof were -rejected by mis­ taken judgment, because of a slight mark or tracing on the back of the said oflicial ballots which said slight marks or tracings were not distinguishing marks, but caused by the accidental contact of the crayon upon said ballots after the proper marking the said baUots by the elector as by law required or by -some other means. not within the knowledge of your contestant which said mark or slight tracing did not deface the said ballots and was not a distin­ guishing mark and should have been counted by the said inspec­ tors and judges in the said dist1ict, said rejected a11d refused to be counted ballots contained by name as voted for by the elector for the office of Senator in the General Assembly for the Fifth Sena­ torial District and should have been counted for me by the said inspector and judges of the said Ninth Representative District within the said Fifth Senatorial District in said County and which said rejected ballots, if counted. would have elected me to said office of Senator in the General Assembly from the Fifth Senatorial District in said County. · Sixth_:.__That at the general election aforesaid held in the Ninth Representative District and within the said Senatorial District number five in said County of the ballots so rejected and refused 71

to be. counted, six or more were rejected by the Inspector and JudgeR for said District because of a slight mark or tracing on the . back of the said ballots which said marking or tracing were not .. distinguishing marks but caused by the accidental contact of the official crayon, funiished the said officers by the Clerk of the Peace of Sussex County as by law directed upon the said ballots which said slight mark or. tracing did not deface the said ballots and waf;l iiot made. for a distinguishing mark; that of the ballots so as afore­ said rejected and refused to be counted, several ballots were marked with two lines crossing each oth!:Jr, but in addition a slight diver~ . gent mark c:mused by slippirig of the 'official crayon furnished as ~foresaid before lifthi.g the same from the ballot after so marking the same as by law required; that of the ballots so as aforesaid re­ jected and refused to be counted several ballots were so rejected because the cross ma1·k apparently made by a· crayon point broken and ragged and one line had parallel with it another lighter and ragge4 line made by a fragment of said broken crayon crossing another line, which said two lines gave the impression of being, twice ·marked instead ·of once marked in one of the two cross marks, which said severalballots so rejected and refused to be counted contained my name as voted for for the office of Senator in the General Assembly from the Fifth Senatorial District in said County and should have been counted by the inspector and judges aforesaid of the said Ninth Representative- District within said' Fifth Senatorial District in said County and which said rejected ballots, if counted, would have elected me to the office of Senator.· in the General Assembly from the Fifth Senatorial Disti·ict in said County. · . .. . Seventh-That at the said GentJral Election·held as·aforesaid in· the first election district of the tenth representative within the fifth senatorial district, there were five hundred and fifty-two ballots de­ posited in said election district by the duly and legally qualified elec­ tors thereof; that by mistaken judg~ent the inspectors and judges at .said general election in said election district counted about five hundred and thirty-eight said official ballots voted as aforesaid, each of which said ballots was folded in the manner required by law and across the back of each and near· the middle thereof each of said clerks of said election for said district had written their in­ itials in ink as by law required; that each and every of said official ballots voted as aforesaid were improperly and illegally counted· and the result certified to from this, -that under and by virtue of chapter 62, volume 22,. of the laws of Delawar!:l, it was the imper- 72

ative duty of the voters or electors casting the said official: ballots to indicate thereon the candidates for whom they desired to vote at , such general election by marking said official ballots .within the square containing the device ·by a mark crossing two lines with an indelible black lead pencil or indelible bhck qrayon, and not by· any other means whatever but notwithstanding the provisions of said Chapter 62, Volume 22, Laws of Delaware, five hundred and fifty­ two electors, in said first election District of the Tenth Representa­ tive District and within the said Fifth Senat'Jrial District in said County, did not mark the said official ballots pursuant to the law aforesaid with .an indelible black lead pencil or indelible black crayon, but did ma,ke such marks by a certain other means or in­ strumentality for that purpose, to wit: an ordinary lead pencil which said method or marking was contrary to the said statute and thereby rendered said ballots illegal and void and said ballot':l should not have been counted by the inspector and judges of elec- · . , tion in said election district; but said above mentioned ballots so counted and accepted as aforesaid should have been rejected and not counted because the said mark crossing two lines in the large squares enclosing the device at the head or top of the ticket was not made with an .indelible black lead pencil or indelible black crayon as provided for in Chapter 62, Volume 22, Laws of .Dela­ ware, and the said ballots so counted should have been rejected because the mark crof,sing two lines in the large square enclosing the device at the hea\l or '.top of the ticket was by means or ins · strumentality prohibited by Chapter 62, Volume 22, Laws of Dela­ , ware, to wit: a pencil other than an indelible blacldead pencil or indelible black crayon, and which said ballots so illegally and im­ properly counited gave you a majority upon the.face of the returns as ascertained by said officers ,vhich said ballots so iniproperly and illegally counted should have been rejected by said inspector and judges of the first.election district of the Tenth Representative District within.the said Fifth Senatorial District in said County, and if so rejected would have been sufficient to have elected me to the. office of Senator in the General Assembly for said Senatorial B.is­ trict number five in said County. I shall ask that, when necessary, the ballot boxes be opened and the· ballots counted, in order to prove the above stated frauds, mistakes and irregularities occuring in the said Senatorial District. number five, in Sussex County, on the day of said general election. GEORGE E. MEGEJt 73 ·

STA'fE OF DELA w ARl•J, 'l SUSSEX COUNTY. ) s s. Be it remembered, that on this 23rd

'l.b the Honotable the Senate of the State of Delaware : The petition of George E. Megee respectfully represents: That at the general election held in the County of Sussex, and State of Delaware, ·on the fourth day of November las.t, for the pur­ pose of choosfog, among. other things, a Senator in the General Assembly from Senatorial District number five in Sussex County, Thomas w.:.Jefferson and your petitioner were candidates duly nominated to fill said office, and their names appeared upon the official ballots voted at said election; That by the'returns of said elections, said 'rhomas vV.Jefferson was declared to have recei vecl one thousand and thirteen votes, and your petitioner was declared to have received one thousand and eight votes, the said Thomas vV.·Jefferson having a majority, ac­ cording to such returns, over yot1r petitbner of five votes. That in many places set forth in the specifications accompany­ ing this petition, which your petitioner prays may he. taken ·as a part thereof, there were frauds, irregularities, mistakes and .im­ proper conduct as set forth in said specifications, whereby your petitioner was deprived of his lawful majority of the votes cast in 10 , · 74 said Senatorial District by the duly qualified electors in said dis~ tricts. Your petitioner therefore contesting the eleetion of said Thomas W .• Jefferson as Senator to the General Assembly of the State of Delaware from Senatorial District number five, in said Sussex. County, and ·alleging that he is entitled to be seated as the Senator from said district, and further sl10,ving unto your Honorable Budy that he has given the notice and served the copies of specifications as provided by_ law upon the said Thomas W. Jefferson, iespect­ fully prays that this petition and complaint may he heard and de­ termined by your Honorable Body, and such order a,ncl decision made and entered thereon as may be deemed lawful, right andjust. 1And your petitioner will ever pray, etc. GEORGJJ; K .MEGEE.

8'rA'rE OF D.EIAWAm'-' ,, } ss SUSSEX COUN'PY. • Be it remembered that on this 23rd day of December, A. D., <.methousand nine hundred and two, personally came before me Eli L. Collins, a Notary Public for the State of Delaware, George E; Megee, who beiug by me duly sworn according to law, deposes and says: that he is the petitioner above named, and that the facts set forth and stated in the foregoing petition are true and correct. GEORGE E. MEGEE. Sworn and subscribed before me the da,y and year aforesaid. EJ,I I~. COLLINS Notary Pnbli1:.

'lb the Honorable the Senate of the State of Delaware. The petition of George E. Megee respectfully represents: . That at the general election held in the County of Sussex, arid· State of Delaware, on the fourth day of November last, for the . purpose of choosing, among other things, a Senator in the General Assembly from Senatorial District number five, in Sussex County, Thomas W .. Jefferson, and your petitioner were candidates duly nominated to fill said ·office, and their names appeared upon the official ballots voted at said election. 75

That by the returns of said qlectiou, said Thomas vV. ,Jefferson was declared to have received one thousand and thirteen votes, and your petitioner was declared to have received one thousand and eight votes, the said Thomas "\V. .Tefferson having a maj0rity, ac­ cording to su9h returns, over your petitioner of five votes. That in many places set forth in the specificatiorisaccompanying this petition, which your. petitimier prays may be taken as a part hereof, there were frauds, irregularities, mistakes and improper conduct as set forth in said specifications, whereby your petitioner was deprived of his lawful niajority of the votes cast in said Sena­ torial District by the rluly qtrnJifiecl electors in said dit3trict. Your petitioner therefore contesting the election of said Thorrm::­ W. Jefferson as Senator to the General Assembly of the State of Delaware from Senatorial District number five,' in said Sussex County and alleging that he is entitled to be seated as the Senator from said District, ancl further showing unto your Honorable Body that he has given the notice ancl served copies of specifications as proYidecl by law upon the said Thomas vY.• Jefferson, respectfully prays that this petition ancl complaint may he heard and determ­ ined by your Honorable Body, and such order and decision nrnclc and entered the1:con as may he cleemed lawful, right and just. And your petitioner will ewer pray, etc. GEORG_H; K MEGEE.

i-,'l'ATE OF DELA \_YAH.I~, } _SussEx CouKTY. '-'R··· Be it remembered, that on this 23rd day of December, A D.: one thousand nine hundred and two, personally came before nw Eli L. Collins, a Notary Public for the State of Delaware, George K Megee, who heing hy me duly sworn according to law, depose!" and says: that l;e is the petitioner above named, and that the facts set forth and stated in the foregoing petition are true and correct. GEORGE l1J. MEGEI£. ~wori1 and su bscribecl before me the day and year 11foresaid. ELI L. COLLINS, Nota,ry P11blic. 76

To Thomas vV. Jefferson, Esq: In accorda.nce with the Act of Assemblv of the State of Dela­ ware, I do hereby deliver to you the specifications of the several grounds., upon which it is my intention to contest your election as member to the Senate of the General Assemblv of the State of Delaware for the Fifth Senatorial District within ai1d for the Coun­ ty of Sussex and the specifications are as follows, to wit: First-rrhat at the election held in the Fifth Senatorial District in said Sussex County on the fourth day of November last past in the four several election districts composing the said Senatorial district there were in each of said election districts a large number of official ballots duly folded as by law required and across the back of each and near the middle thereof, duly endorsed in ink the initials of the several clerks of election for each of the said election districts. by said clerks, were by n1istaken judgment ,of tha inspectors and judges of the said several election districts in said Senatorial District nnmbe1: five in said County, rejected an.cl re­ fused to be counted by said several inspectors and judges at said general election in the said four several districts in said Fifth Sena­ torial District .in said County, which said rejected ballots werP lawfully marked, to indicate the choice of the electors of the cancli­ .dates he or they desired to vote for by a mark crossing two line;,: with an indelible black lead pencil or indelible black crayon in the large square enclosing the device }lt the head or top of the ticket, which said black indelible crayon was the official crayon furnished by the Clerk of the Peace for said County for that purpose anrl upon which said ticket, so marked as aforesaid, my name appear­ ed as voted for for the office of Senator in the General Assemb]Y . for the Fifth Senatorial District in said County and ·which ;,:aic1 ballots so as aforesaid by mistaken. judgment rejected and refusefl to be counted would have given me a majority in said Fifth Sena­ torial Disfrict and duly elected me to the aforesaid office of Sena­ tor in the General Assembly for said Senatorial District number five in said County. Second-That each of said several election districts in said Sena­ torial District number.five in said County a number of-ballots were received and counted for you by the inspectors and judges of said, election district in said Senatorial Di..;;trict· by mistak:en judgment of said inspectors and judges upon which your name was voted for for Senator in said Senatorial District in said County which were 77 not marked fawfully by crossing two lines with an indelible black lead pencil or indelible blaek ·crayon in the large square en­ closing the device at the head or top of any ticket printed on the official ballot as by law required and which ballots were illegal and should not have been counted for you, the number of which'ballots so illegally counted would have beensufficient to have elected me to the office of Senator in the General Assembly for the said Sena­ torial District number five in said County. ·

Third-That at the snicl election in each of the fom said election districts composing the rmid Fifth Senatorial District insaid Coun­ ty a large number of ballots· were received and counted for you through 1nistaken judgment of the inspectors and judges of said election in the said several election districts ,composing the said · Senatorial District. number five in Raid County ,upon which yom; name was voted for for the office of Senator in the General AsRem­ hly for Senatorial District nnrn her ti ve in said County, acro,;s the 'backs of which and near the middle thereof the said several clerks of the said several four election districts in :=;aidSern,torial District. number five in said Countv had not written their initials in ink as hy law required and that said ballots were improperly received and counted, by mistaken judgment, by said several inspectors and judges of the said four several election districts in. said Senatorial Di1,trict number five in said Uounty, and which said ballots so il- . legally arnl improperly counted fot yon gave yon the majority upon the face of the returns as ascertained hy the said officers aml which rmiclballots so improperly and illegally counted should lmve been rejected by the seYeral inspectors and judges as aforesaid, and if :=;orejected and refused to be counted, wmilcl have been snflicient to have elected me to the office of Senator in the General Assemhlv from said Senatorial District number five in :=;aidCounty. ··

Fourth-That at the said election held in. the Ninth Repres_enta­ ti ve District and within the said Fifth Senatorial District in said County, there were twc-mty-seven ballots rejected and refused to lw counted by the inspector and judges of the said Ninth Representa­ tfre District aforesaid and of the ballots so rejected and refused to be counted as aforesaid six or m?re thereof were improperly and illegally rejected by said Inspect.or and judges of.said Ninth Rep­ resentative District aforesaid by mistaken judgment of said elec­ tion officers in said district. alleging that the said six ballots bore . cliHtinguishing marlrn, or because the said ballots were not rnarke

\ by a mark crossing two lines with an indelible black. lead pencil or indelible black crayon in the large square enclosing the cleYice at the head or top of any the ticket printed on said official ballot, when in fact the said mark w,,s made on the square enclosing thE, device of the Union Republican ticket on said official ballot by the official black crayon furnished by tho Clerk of the Peace of Sussex County for that purpose though the said mark was not a single clear straight line crossing another line, but a faint tracing parallel to another straight line so crossing another line said tracing being the result of a broken point of the crayon so furnished or a frag­ ment of such crayon which gave the impression or appearance of two distinct rnarks parallel with each other crossing another line which said ballots so rejecte.d and refused to be counted by the in­ spector and judges aforesaid contained my name as voted for by ,.;aid electors forthe office of Senator in the General Assembly in said Fifth Senatorial District in said County and should have been counted for me by inspectors and judges aforesaid of said Ninth Representative District and within said Fifth Senatorial District in ,;aid County, and which said rejected ballots, if counted, wonlr1 have elected me to the said office of Senator in the General Assem­ bly from the Fifth Senatorial District in s:cticlCounty.

Fifth--That at the general electi()n held as aforesaid in the Ninth Representative District ancl within the Fifth Senatorial· Dis­ trict within the said County of the ballots so rejected and refused to be counted by the inspectors and judges of the election in said Ninth Representative District six or more thereof were rejected by mistaken judgment, because of a slight mark or tracing on th(e haek of the said official ballots which said slight marks or tracings were not di;3tinguishing marks but ca,used by the accidental con­ tact of the crayon upon said ballots rtfter the pro1:iermarking the ,;aid ballots by the elector as by law required or by sorne other means not within the knowledge oE your' contestant which said mark oy slight tracing did not deface the said ballots and was not a distinguishing mark and should. have been counted by the.said inspectors and judges in the said district, said rejected and refused to be counted ballots contained my name as v0tecl for by the elector for the office of Senator in General Assembly for the Fifth Sena­ torial District and should have been counted for me by the said inspector and judges of the said Ninth Representative District within the said Fifth Senatorial Distriet in said County and which said rejected ballots, if counted, would have elected me to said 79

office of Senator in the General Assembly from the Fifth Senatorial District in said County. Sixth-That at the geneml election aforesaid held in the Ninth Representative District and within the said Senatorial District number five in said County of the ballots so rejected and refused to be counted six or more were rejected by the inspector and judges for said district, because of a slight mark or tracing on the back of the said ballots which said markings or tracings were not distin- · guishing ·marks but caused by the accidental contact of the official crayon, furnished the said officers by the Clerk . of the Pea,ce of Sussex County as by law directed, upon the said ballots which said slight mark or tracing did not clefo.cethe said ballots and was not made for a distinguishing mark: that of the ba,llots so as afore­ said rejected and refused to be counted several ballots were mark­ ed with two lines crossing each other, but in addition a slight di­ vergent mark caused by slipping of the official crayon furnished as aforesaid before lifting the same from the ballot after so marking the same as by law required: that of the ballots so as aforesaid re~ jectecl and refused to be counted several ballots were rejected, be­ cause the cross 1mirk apparently niade by a crayon point broken ,,nd ragged and one line had parallel with it another lighter and ragged line made by a fragment of said broken crayon crossing another line, which said two lines gave the impression of being twice marked instead of once marked in one of the two cross marks, which said several ballots so rejected and refused to be counted contained my name as voted for for the office of Senator in th(,) General Assembly from the Fifth Senatorial District in said Coun- . ty and should have been counted by the inspector and judges aforesaid of the said Ninth Representative District within said Fifth Senatorial District in said County and which said rejected ballots, if counted, would have elected me to the office of Senator in the General Assembly from the Fifth Senatorial District in said County. Seventh-That at the :mid general election held as aforesaid in the first election district of the tenth representative district, there were-five hundred and fifty-two ballots deposited in said election district by the duly and legnJly qualified electors thereof; that by mistaken judgment the inspectors and judges at said general elec­ tion in said election district counted about five hundred and thirty­ eight said official ballote voted as aforesaid, each of which said 80

ballots was folded in the manner required by law and across the back of each and near the middlethereof each of said clerks of said election for said district had written their initials in ink as bv law required; that each and every of said official ballots voted as ;fore­ said, were improperly and illegally counted and the result certified to from this, that under and by virtue of chapter 62, volume 22 of the laws of Delaware, it was the imperative duty of the voters or electors castinfl the said official ballots to indicate thereon the can­ didates for wh~om they desired to vote at such general election by marking said official ballots within the square containing the device by a mark crossing two lines with an indelible black lead pencil or indelible black crayon, and not by any other means whatever, but notwithstanding the provisions of said chapter 62, volume 22 Laws of Delaware, five hundred and fifty-two electors in said first elec­ tion district of the tenth representative district and within the said fifth senatorial district in sa,id County, did not mark the said official ballots pursuant to the law aforesaid with an i.nclelible black lead pencil or indelible black crayon, but did make such marks by a certain other means or instrumentality for that purpose, to wit: an ordinary lead pencil which said method or marking was contrary to the said statute and thereby rendered said ballots illegal and void and said ballots should not have been counted by the inspector and judges of election in said election district; hut said above men­ tioned ballots so counted and accepted as aforesaid should have been. rejected and not counted because the said mark crossing two lines in the ,large squares enclosing the device at the head or top of the ticket was not made with an indelible black lead pencil or indelible black crayon as provided for in chapter 62, volume 22, Laws of Delaware, and the said ballots so counted should have been rejected because the 1nark crossing two lines in the large ,;qua.re enclosing the device at the head or top of ticket was by means or instrumentality prohibited by chapter 62, volume. 22, La,vs of Delaware, to wit: a pencil other than an indelible black lead pencil or indelible black crayon and which said ballots so ille­ gally and improperly counted gave you a majority upon the facP of the returns as ascertained 1:iy said oflicers which said ballots so improperly and illegally counted should have been rejected by in­ spector and judges of the first election dist/ict of the tenth repre­ sentative district within the said fifth senatorial district in said County and if so rejected would have been sufficient to have elected . me to the office of Senator in the General AsRembly for said sena­ torial district number five in said .County. 81

, I shall ask that, 'ivhen necessary, the ballot boxes. be opened and the ballots counted, in order to prove the above stated frauds, mistakes and irregularities occurring in the sa'icl senatorial district number five, in Sussex County, on the day. of said genera1election. GEORGE E. MEGEE.

S•rATEoF DELAWARE,} SussEx CouN'rY. .·ss. Be it remembered, that on this 23rd clay of December, A. D., . one thousand nine hundred and two, personally came before me Eli .L. Collins, a, Notary Public for the Sfate of Delaware, George E. •Megee,the person signing and delivering the foregoing written speci­ fication, who being by me duly Bworn according to law, deposes · and says: that he verily believes that the grounds of objection set forth in said written specifications are substantially true, and that the voters specified as illegally voting were not entitled to vote at said general election· held on the fourth dr1y of November, A. D., one thousand i1ine hundred and two. GEORGE JiJ. MEGEE. Sworn and subscribed before me the day and year aforesaid. [slML ..J ELI L. COLLINS,. Nota.ry Pnbbic.

S·rA'm OJ!' DELAWARJ

To Thornas U . .Jeffersmv,Esq., · Dear Sir: I herehy give you notice· that· I f,lhaU contest your election. to i:tnd seat as Senator from and for the Fifth Senatorial District in Sussex County to and in the Senate of the General Assembly of . the State pf Delaware, which meets a.t Dover on Tuesday the sixth· day of. January next, being the first Tuesday in .January, in the year of our Lord one thousand nine hundred and three. . Respectfully y'ours, · . GEORGE E. 1"IEGEJ;::;.

MHton, Delaware, December 13, 1902. Served this day, December 13, 1'902, in person. JOHN R. BLACK, · 2. 30 o' clt>ckP. M.

STA'rE OP DELAWAim, } . SUSSEX COUNTY. ss. ''(_ Be it remembered, that on this 23rd day of December A. D,~ one thousan.d nine hundred and two, personally came before me .Eli L. Collins, a Notary Public for the State of Delaware, John R. Black:, who beji1g by me duly sworn according to law, deposes and • says that the foregoing notice is a true and correct copy of a notice which he ·served on Thomas,¥. Jefferson personally on the thir,.. teenth day of December, A. D., · one thousand nine hundred and two. .JOHN R. BLACK. Sworn and subscribed before me the day and year aforesaid~ .. ELI L. COLLINS, Notary Publfr, . ·_ GEORGEE. MEGEE, Fifth Senato~al District, Sussex C~unty, Delaware. Dear Sir: Reserving to myself all the right of exception and objection not herein expressly set forth to the informalities and imperfections in the paper served upon me, purporting to be the grounds and 83

specificaticms on which you propose to contest my election as Sen­ :[Jtorin the General Assembly of the State of Delaware from Sena­ torial District number five of Sussex County, I reply thereto: First-I enter my objection in the nature of demurrer .to your grounds and specifications and say that each anu every special and particular ground alleged in your specifications has been duly con­ sidered by the Superior Court of the State of Delaware in and.for Sussex County, <:'itting as a Board of Canvass, in which Court, du­ ly represented, you made either yourself OT through counsel the exact and particular objections alleged ·in your specifications an

Generally-Under the constitution m1d laws of the State of Dela­ ware and by the said Court yo.n "·ere afforded every opportunity to present any and all lega1 and all objeetions that you hacl to the eounting of any or an of the ballots castat the last general eleetion in safrlsenatorial district number five, M Sussex County for me or for any other person, and you did present an your objections to the' r-;ai.dCourt which yon Jmve set forth in your specification.,: and questioned my election. to the office of Senator from the said senatorial district in ever:y way possible, wherefore you are now precluded from questioning my title to a seat in the General As· esmhly from the said senatorial district. 'J'HOl\IAS W .. rnFFE.RSON.

STA'l.'ID 0:1<' DELAWA}U,,} KENT COUNTY. / . ss. Personally appeared before me, .John B. Hutton, a notary Pub­ lic for the State of D.elaware, Thomas W . .Jefferson, who being hy me first duly sworn according to 1:1:w,depos'es anrl says: That he is the person who signed the above or foregoing answer, specification or instrument of writing; that he verily belieYes that the grounds of ohjection,4 Aet forth in the same m·e suhstantia11r true. THOMAS \V . .JEFFlCRSON.

Sworn and snbscrihed to before me thiR fifth day of January, A. D., 1903. Witness my hand and seal of office. [SEAL.] ,JOHN 'B. HUTTON, Notary Publfr.

And further on the motion of Mr. Allee, The contest papers were referred to the committee on elections, when appointed. On motion of Mr. Allee, Lhe report of the State Board of :Edu­ ea.tion was read, as.follows: 85 .~

.BIENNIAL RlcPORT OF THE S'l'ATE BOARD OF EDUCA'rION. ' 'l(, the General A ;scmbly: In cori1pliance with the law, we have the honor to submit the hiennial report of the State Board of Education. · JOHN HUNN, CALAB R. LAYTON, PURNEL B. NORMAN, GEORGE A. HARTER, ANDREWS. ELIASON, HERMAN P. HAZEL. JAMES B. GILCHRIST . .January B, 1908. 7

REPOR'I' OP 'l'HE STATE BOARD 01<' EDUCATWN, In making this report and the recommendation8 therein to your Honorable Body it ,Youlcl be doing you great inj1rntice if we were to a8surne that a single one of you dissents from the proposition that money expended in schools is a good investment. Therefore it is not necessary for U8 to enter into formal argument to prove ' the utility and the necessity of a common school education. No course of reasoning is necesimry to convince you ofits high import­ ance. Therefore without further remarks we enter upon the dis­ cussion of the subjects. The method of distributing the school fund as adopted by th0 law of H)Ol was a decided improvement on all former plans. The · 1ast State Board made an error in giving the number of teachers for Sussex County, thrn, making the dividen(\.less than was anti­ dpated. There are employed in New Castle County; outside of the city of Wilmington, 130 white teachers and 29 colored teachers. In Kent County, 148 white and 84 colored; in Sussex County 285 white and 85 colored; making in all 611. If ,Ye add to this 1.10 teachers, allowed to the city of ·wilmington, we shall have 721, the number as the present basis of distribution. The dividend for each teacher in 1902 was $232.20. Supposing that the present approptiation is a basis for next year an increase of $18,000, would give a dividend of $250 to each teacher. Making 'some allowance for decrease in annual income and for increase of teachers, we re· commend that the annual appropriation be increased $15,000, thuR making the annual appropriation $185,000. 86

Our duties as educators are nc;·t fully disch,~.rged until we get the best results attainable for the money expended.· There are iotill defects ii1 our system that must be remedied. The isolated, un­ graded school is the chief defect. It is getting more and more difficult to obtain and retain the services of competent and enthuio­ iastic teachers for these ungraded schools. They are cut off from the care and supervision of the graded school, and the annual visit of the superintendent, and the county and local institutes are tlw only professional inspiration. Teachers are leaving these schools for positions in the graded schools even at a lower salary. 'IV(-) believe that a system of rural graded schools would in a great measure eliminate this defect. The idea is that of centralization, e~t~blishi~1~ tl-ce11t~·alschool wit_h_as many departments a~ the con­ d1t10ns_Jnrght reqmre and prov1dmg for the transportat10n of the pupiHi at the public expense. S0n1e of the advaiitages of thiR pla11 ,an,: ··1. Small and consequently uninteresting i-:chools <~i,mppear. 2. Rural pupils have the advantages of a gradecl school, each department of whichis taught by one who has made" special pre- paration for that grade. 1 8. The transportation plan increases attendance. 4. Close supervision by a principal whose busines:,, it is to visit the departments. 5. In many places it would decrease the cost of the ,;chool and permit a lengthening of the term. 6. Improved sanitary conditions, better heated and ventilated buildings, and children less exposed to stormy wheather. w·herever this system has been tried it has met with general approval. Even in Pennsylvania where the transportation feature would be most difficult the plan is a success. We give two ex­ tracts to show that educators in close touch with rural schools are enthusiastic over the system: Ex-State Superintendent, .John R. Kirk, of Missouri, ,mys: "The concensus of opinion among the most competent judges all over America is that, all such systems as ours, consisting of isolat­ ed and often impoverished, small school districts, should be aban­ doned, and the small districts consolidated in others, at least four 87

or five times as large as- ours usually are. These enlarged.districts should .be arranged partly according to the conformation of the land. Our existing scheme is very expensive. We should have two, three four and six-roori1. buildings at the centers of population in intei·est. W:i,th the consolidation of districts will come ·provision for conveying the children to and froin school in covered wagons. I most respectfully beg my farmer friends to be considerate arid · not dismiss this question with an idle laugh, or an ill-timed face­ tious remark. The question is: Shall our country boys and girls be allowed advantages to compare with Jhose furnished city children ? The idea of transportatioi.1 is not novel. The entire school system of New .Jersey is organized on this basis, . New Engla;1d, Michigan, Ohio and some other States are working out the same idea.'' •· · . . The following is from the report of Dr. Shaeffer, Superintendent of Pennsylvania: ''At a few places the_ experiment has been tried with marked success. From the province of Victoria in Australia comes the report that 158 schools were closed by this plan and that after de­ ducting the cost of conveyance, the saving amounted to $50,000 per annµm. The minister of education says that the system is a marked success, and if there is one feature as to its working that stands out more prominently than aI).other, it is the remarkable regularity of the attendance of the children conveyed. In several .of the New Ei1gland States which have tried the same experiment, the land in remote districts is said to have risen in value instead .of depreciating in the market, as.it was predicted by those opposed to the closing of the schools near their own farms.'' · we submit this matter for yol'Lr earnest ~onsideration and re­ commend that the Cou11ty School Commissions be given authority to select some locality in each county in which the rural graded system m~y be put into operation. · . The 01:ginal boundaries of the schoQl districts in the State may have~been just and equitable, but tl].ey have long since lost this virtue. Until the present school law all changes of property from · one district to another was made by special act. So many changes · were-made in order that taxation might be reduced and for other . trivial reasons tha,t these divisions have lost all claim to justice. Some districts are poor and unable to support a school, a,nd a low 88 tax rate. in an adjoining one adds to the dissatisfaction and create8 opposition to the public school. Something must be clone to re­ medy these inequalities. The State is liberal in its appropriation to the individual district and she shoulcL see rthat tl..ese district::s are so divided that the remaining burden' is borne .equally by all sections of the county. In order that these defects may be eradic­ ated we recomniend that the County School Commissions of each county be given power to join · two or more districts or transfer property from one district to another for pl,lrpose of equalization, or whenever it is shown that any district has ceased to have a sufficient number of children of .school age. , The appropriation by the last General Assembly of $2,000 a year to each County for the purpose of building and repairing school ·houses for colored children has been of great help to many sections able to comply with the provisions. There are many districts too poor to meet the requirements. vVe therefore recommend that tht· sum of $2,000, annually for two years be appmpriated in each county for building, repairing and furnishing school houses for colored chil_dren, under such ru1es as the County School Commis­ sions shall cletexmine, ancl that the member of the County Sehoo1 Commission of eaeh County be allowed compensation to the amount of $.50.00 each for superintending the bqilding and furnishing theRP Hehool houses. Special training is necess~iry in any line of work. A person trained in the Normal School is better fitted to 'begin school W(irk than a pers.011 without that training. Recognizing this fact it i:c­ important that we offer Normal Gracluatet1 the same honors as are accorded them in other States. We therefore recommend that you give the Superintendents power to grant a certificate to teach in the County to persons holding certificates of graduation from Nor­ mal Schools, good in other StateR, or holding diplomas from a respectable college. To est:iblir-;h a Normal School in our State would cost fortv or . fifty thousand dollars and an anm1al approprintion of ten or tw~lvt1 thousand dollars. You may not think it wise to make that outlay at this time, nevertheless something ought to be clone by the Statl:' to give this training to those wishing to teach. Pennsylvania has thirteen liberally endowed Normal Schools within easy reach of our State. We are in a position to take advantage of her liberality. \Ve earnestly urge that"you place $1,000, annually into the hands SH of each .County Schoql Conmiission to be applied toward sending to a Normal School persons wishing to prepare for teaching in the State, Any person .taking advantage of thiH offer must have passed the Ninth Grade in our Rchools and be n~commended by the County Superintendent. Not more than $100.00 to be applied to any stu- dent in orni year. · Our JJ;ducatioirnl DeptLrtment sh1Juld be put more in touch with those of other parts of the country. In order to do this our Su­ perintendentf, should attend educational associations and investigate the improyed syster1c1.of instruction in other sections. The meagre :-;alary pnid them at wesent would not justify them in making this outlay. Hence we are deprived .of all the benefits arising from association8 m\d instructions of these meetings. Our Superintend­ ents are paid les;, salary than some of the principals of the State. We most earne8tly urge that their salaries be increased to a_tleast $1,200. annually. These positions must be filled by competent educatol'fl and in order to obtain this class of men you must be mon-\ libernl in their support. And further on his motion, the report was accepted, oi·clered spread im the .Jmirnal and five hundred (.500) copic-Js ordfffed printed by the Comn~ittee on Printing. On moti'.m of Mr. Brasure, The Senate took a receRs until 2 o'clock p. m.

12 90

Same day at 2 o,clock p. m. Senate re-assembled at expiration of recess. Hon. C. R. Layton, Secretary of State, was announced, and on . being admitted, presented for confirmation of the Seri.ate, appoint- me·nJs made by the Governor. · · President pro tempore Ellison announced t]:ie follm,ving Stand­ ing Committees:

SENA'fE S'l'ANDING COMl\Il'l"fEES. Corporations--Messrs. Sparks, Conner, Ellison, Latta, Wright. Cities and Towns-Allee, Sparks, Pennewill, Clements, McNulty. Education~Moore, T. C., Allee. Smith, Harrington, Moore,D.O: Claims-Allee, Stirling, Latta, Wright, Ellison. Finance-Ellison, McNulty, Sparks, Conner, \Vright. Agriculture-Moore, D. 0., Ellison, .Jefferson, Clements, Bra- sure. Elections-Sparks, Latta, Stirling, Pennewill, Clements. Accounts--,-Groves, Clements, Harrington, Smith, Allee. Printing-Brasure, Stirling, Groves, Clements, .Jefferson. Revised Statutes ·Conner, lVIcNulty, Sparks,' Pennewill, Latta. Fish, Oysters and Game-Stirling, Groves, Harrington, Moore, D. 0., .Jefferson . .Judiciary-Pennewill, l\:Ioore, T. C., Smith, Harrington Stirling. Enrolled Bills-Smith, Moore, T. C., .Jefferson, McNulty, Bra­ sure . . Vacant Lands-McNulty, Wright, .Jefferson, Allee, Groves. Insurance and Banking-Wright, Latta, Conner, i?parks, Ellison. Rules-Brasure, Harrington, Moore, D. 0:, Smith, Moore, T.c·. 91

M1

House• .Joint Resolution r' No. 2. Authorizing the State Librarian, (Custodian of the building) to purchase a nt3w National flag for the State House. Mr. Groves off<)r<:Klthe following resolution: Resolved that the President pro tempore, appoint a standing Committee of the Senate to be known as the Committee on High­ ways and Public Buildings. And further on his motion vVas Adopted. Mr: Allee gave n(Jtice that on to-morr(>w or some future day he would ask leave to Introduce a bill entitled: ;'An act authorizing the town Council of the town of Dover, to coriiitruct a system of public sewers.'' · Mr. Allee moved that the Senate go into Executive Session to eonsicler the appointments recqrnmencled by the Governor. ·which motion prevailed. Semite of Delaware being convened in Executive Session, The communication from the Governor was read. On the question, "DoetJ the Senate consent to and confirm the appointment of Edwin F. Wood." ~Ir. Allee _offored the following resolution: Dover, Delaware .January 2, 1903 In Executive Session, of Delaware, "Resolved, That the Senate do confirm the appointment of Edwin F. vVood." 92

The yeas and nays which were ordered, which being taken, were as follows: Yeas-lo; Nays~None. So the question was decided in the affin~ative, And the resolution having received the required constitutional majority. Was declared Adopted. The Senate re-convened in regular Session. Mr. Brasure, Chairman of the Committee on Rullis, Presented the following : vVe. your Committee appointed to draft rulei-4governing tlw Senate, submit the following: · RULES .OF 'nm SENATE. Rule 1. Every member shall be in his place at the time to which the Senate RtandH adjourned. Rule 2. Every day. before the Senate proceeds to other lrnsine,;,; the elerk ishall call the names of the members in alphabetical order and shall read the .Journal of the preceding day, which may he r,orrected by unanimous conHEmtof the Senate: Rule 3. No member Hhall be allowed to speak upon any t-mb­ ject more than two ti1nes, except in explanation, without leave ob­ tained through the President. Rule 4. No member shall be allowed to interrupt another ,vhile speaking, unless · on points of order, and then only through the President, and no member shall be referred to by name in debate. Rule .5. All motions shall he :mbject to debate, except motiorn, to adjourn, to lay on the table, and for the previous question. Rule 6. Questions of order shall be determined by the President without debate, from whose decision an appea,l rnay he had to the Senate at the request of any member. Rule 7. The President shall appoint all committeeH, unless the, ' . ,, ' Senate shall otherwise direct. Rule 8. ]Bvery committee shall report within five days of actual session of the Senate from the tiri1e of their appointment or furn­ ish reasons why a report has not been made. Rule H. All motions and rer:mlutions, except for the reading of · hills, the daily adjournment of the Senate, or any motion to refer any subject, or postpone, shall, if requested hy the President or any men1ber, be reduced to writing by the mover, and if seconded, shall be repeated by the President to the Senate before any clebat<-i or any decision is had thereon. Riile 10. Every motion on which a vote i::;taken shall be enter­ ed on the Journal, and (except motions for adjournment) the name of the member moving the same.

Rule 11. Petitions, memorials, and other papers addressed t(\ the Senate, shall be pre8ented by the President, or a member, who shall briefly state the contents thereof. · Rule 12. \,Vhen a question has been decided in the affirmative

l~ule 22, All joint or other resolutions shall, 1 a.t the request of any rnernb0r, be laid over at least one day of actual session. Rule 23. Unless otherwise ordered by a majority, the Senate Rhall meet every day (SundayR excepted) at 10. 30 o'cloek in the morning. Rule 24. No mle of the Senate :,hall be changed or suspemled except by a vote of two-thirds of the members present. Rule 25. When a question is under debate, no motion shall be received but to adjourn, to lay on the table, for the previous quer<­ tion, to postpone to a certain day, tQ, com mitt, to amend, and to postpone indefinitely, which several motions shall have prcccdenre in ~he order in which they are arranged. Re:.,pectfully ,mbrnitted. I. J. BRASURE, Chairman., G. D. HARRINGTON, THOS. C. MOORE, ARTE.MAS SMITH, D. 0. l\TOORE. 95

On motion of Mr. Harrington the rules were adopted as sub­ mitted. ·1\-Ir.jllee mo;v(ld the Printing Committee be authorized to- have sufficient number of books printed, containing Committees and Rules: · o Which motion Prevailed. On motion of Mr. T. C. Moore, the Senate adjourned until 10.30 o'clock to-morrow morning. 96

'I'uesday, January 18, 1903, 10.30 o'clock a. rn. Senate met pursuant to adjournment. Prayer by the Chaplain. RC:11called.· Member,; present-Messrs. Allee, Brasure, Clem­ ents, Conner, Groves, Harrington, Jefferson, Latta, McNulty, Moore, D. 0. Moore, T. C., Pennewil1, Smith, SparkH, Stirling, ·wright, Mr. Presidmit, pro tempore. ' ,Journal read and approved. Mr. President pro tempo re, announced .the following Cornrnitt(;e on Highways and Public Buildings. Groves, McNulty, Brasuni, \Vright, StiTling . . Mr. Allee, in pursuance of previous notice, asked leave to iutro­ d uce a bill,.(S. R No. 1), entitled: "An act authorhing the Governor to appoint an additional No- tary Public for Kent County, resident in the t()wn of Dover.'' And further on his motion, Rule 14 waH suspended, And the bill was read a Hecond time, by itr-;title, and Referred to the Cornrnitte(" on Judiciary. Mr. Harrington, in purnuance to previou::; rnitic·,", asked leav<, to introduce a bill (S. B. No. 2), entitled:

"An act proposing nn amendment to Sec. 4 of article Fj of the Constitution of Delaware, by giving the General Assernbly power to. provide for a permanent Registration of Voters, with provir,;iom; for additions and changeR from time to time.". And further on his motion, Rule 14 was suspernfod, And the bill was read a second time, by its title, and 97

Referred to the Committee OJ) Revised Satutes. ·Mr. Sparks, in pursuance of previous notice, asked leave to in- troduce a bill, (S. B. No. 3), entitled: · ''An act to repeal iw act entitled 'an act creating the office of Vo­ ·ters' Assistant, and prescribing the duties thereof, approved :March 8th, A: D. 1901, being Chapter 63, Vol. 22, Laws of Dehware.'" And further on hiH motion, Rule 14 wa8 suspended,

And the bill wns read it 8econd time, by its title and Referred to the Committe on Revised Statutes. M.rHodgRon, Clerk of the House, being admitted, informed the Senate that the House had :J,clopted and requested the concmTence of the Senate in the following joint reRolu tion: · House Joint Resolution No. 3. Be it resolved by the Senate and House of Representatives of the State af Delawa_re 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 settle with the State Treasurer. · Hon. C. R. Layton, Secretary of Sfate, was announced and on being admitted sta,ted the Governor wished to withdraw his list of appointments, preReµted for confirmation on Monday, Jan. 12. Mr Allee moved the Governor be allowed to withdraw the lir.;t of appointments for confirmation. On the question, ''Shall the Governor he allowed to withdraw his list of appointments?'' The yeas and nays were ordered, Which being taken, ·where as follows: Yeas-Allee, Brasure, Conner, Groves, Moore, D. 0., Moore, T. C. Pennewill, Sparks, Stirling, Mr. President pro tempore. Nays-Clements, Harrington, Jefferson, Latta, McNnlty, Smith; Wright. rn HS So the question was decided in th<~. affinnative . On motion of Mr. McNnlty, The Senate took a recess until 2 o'clock p. m.

Samwday, 2, o'clock, P. ~L ;-;enate re-assern bled at <;xpirntion of nicess. )!r. Allee preimnted a joint rmmlntion (mtitled :

l-,(eirntP Joint Re'solntion No. 2. Resolved that a committee of five be appointed, two on the part uf the Senate to be appointed by the pre8ident of the Senate and three on tlw part of the Hom.:e to be appointed by the Spe:1ker of th(" Honse, to andit the accounts of the Secretary of State, the State Trem,nrer and the I11sura11c(1Commissioner, \'l;hich shtill employ uxpert aHsiRtance and to make a report of their findings to thP. \+m1eral AsAembly on or heforn tlrn twentieth cfay of Febnrnry, A. D. Hl08.

vVhich Oll his motion, \Ym; Read. Mr Allee 1nonicl that the joint re:;;olution b

The Jl"as and nays were ordered, which being taken, were as fol­ lows: Yeas-Messrs. Allee, Brasure, Clement:,;, Groves, Harrington. Jeffernon, Latta, McNulty, Moore, D. 0., Moore, T. C., Pennewill, Bmith, Spark:,;, 8ter1ing, 'vVright, Mr. President pro tempore. Nays-None. So the question wiis decided in the affirnrntive, And the joiutresolution having received the requin~d constitu­ tional majority, Watl declared Adopted. Ordered to the House for concurrence. M.r. Hodgson, Clerk os the Hom,e, being admitted, infonned the Senate that the House had adopted and requested the concnr­ nmce of the Senate in the following joint resolution: · House .Joint Resolution No. o.

Be it resolved IJy Lhe 8enate and House of RepresenfativeR of the ~tute of Delaware in GeneraJ Assenibly ni.et, Thafa Committee of two on the part of the Senate and three on the part of the House l7e appointed to settle with the State Im:u­ . mnce Commissioner. Mr. 8parks offenld the following resolution: Be it resolved, That the Clerk be and is hereby directed tu fur­ nish each meniber of the Senate with a copy of the Revised Code also a sheep bound copy of the late amended Constitutitm, and also sheep bound copies oi volumes 20 and 21, of thi1 Laws of the State of Delaware. And further on his motion,1 Was Adopted :Ylr. Sparks offered the following resolution: Resolved, That the Secrebtry of State be hereby authorized arid 100

directed to have printed in pamphlet form one thousand, (1000) copies of the Constitution: of the State. And further on his motion, . Was · Adopted: Mr. Sp~rks gave .notice that on to-morrow cir some future day he would ask leave to introduce a bill entitled: · ''An act'authorizing the Governor to api>oint ai1 additional No: tary Public for Wilmington Hundred, New Castle Cot1nty, Dela-· ware, for the Real Estate Oflic/1of George R. Townsend Company. Mr. McNulty gave notice that on to-morrow or some ftiture day · · he would ask lea,ve to introduce a bill entitled: "An act to i·egulate the business of Detectives within the State of Delaware.''. . . . . Mr. Sn1ith gaye rwtice that notice that on fo-moi·1:o~vor some fu- ture day. he wonld. ask leave to introd11c.e a bill, e11titled: · "An act to create a new election district to he designated tht> . .5th Election district of the 10th Representative district of New Castle County.'' .M.r. Groves gave notice that 0~1 to-moiTow or some fnture day he would ask leave tointroduce.a bill entltled: "An. act authorizing the appointment of an additional Notary Public for New Castle County, to reside in the city of Wilmington for the office of .Julian 0. ·walker.'' . Mr. Hodgson, Clerk ofthe House,· being admitted, informed the Senate that the HousEJ had adopted and requested the concurrence of the Senate in the following joint resolutions: House Joint Resolution No. 4. Be it resolved by the Senate and House of Representatives of the State of Delaware in General Assembly met, that a Committee of two on the part of the Senate and three on the part of the Horn,e be appointed to settle with the Librarian. House Joint Resolution No: .5. 101

Be it resolved by the Senate and House OI Representatives in Generai Assembly met, That a Committee ortwo on the par~ 0£. the Senate and three on the part of the House be appointed to set­ tle with Secretary of State. Also return to the Senate, Senate .foint Resolution No; ~- Resolved, That a Committee of fi~e he appointed, tw'o on th; . p,'1.rtof the Senate, to he :tppointed by .the- President of the Sehate ~md three on the part of the House,, to be appointed by t.he Speak­ er of the House, to audit the :tecounts of the Secretary of the State, the State Treasurer ancl the Insurance Commissioner which shall employ expert assistance, and to make a report of th.eir findings to the General Assembly on or before the 20th day of Fehniary, A. D., 1903 . · Same having been c011curre,2, Re read. House .Joint .Resolution No. 2. In view of the fact thafthe flag, our National emblem, ,thich floats frotn, this building is in a most delapidated co.i1di.tion, Therefore, be it resolved by the Senrite and Hcmse·.of Represerit­ atfres in General Assembly met, That the Librarian arid custodian of the. building be authorized to purchase a new national flag and a State flag to replace the one now in use, · ' ~fr:Allee moved that the joint resolution. be ·adopted .. On:the question, "Shall the joint resolution be adopted?'; · The yeas and nays were ordered, which being taken, were as follows: Yeas-Messrs. Allee.. Brasure Clernents, . Groves, Harrington, Jefferson, Latta, McNulty, Moore, D. 0., Moore, T. C.,. Pennewill, Smith, Sparks, Stirling, Wright, Mr. President pro tempore. 102

. Nays-None. So the question wasdecic~ed in th<~nfiimiative,. And the joint resolution having. received the r1~quired consti.tu­ ti01ial ·majority, W a.s declared Adopted. Ordered that the House be informed thereof, and the joint re- solution returned to that b(Jdy. · · • Mr. Allee asked that House joint resolution No. 4, Be read. House Joint Resolution No. 4. · Be it resolved by the Senate and House of Reprei,entatives of the State of Delaware in General Assembly met: That a Committee of two on the part of the Senate :ind ·three on the part of the House be appointed to settle with the Librarian. Mr. Allee.~oved that the joint resolution be adopted. On the queRtion, ''Shall the joint resoh1tion be adopted?'' ,The· Yeas and nays were ordered, which being ·taken, were a;s follows:. Y eas-'-ii\'1essrs. Allee, Bmsure, Cleni.entH, Gi·«Jves, Harringttin, .Jefferson. Latta, McNulty, l\foqre, D. 0., Moore, T. C., Penne­ will, Smith, Spark&, Stirling, Wright,' Mr. President pro tempore. ~ . r . , . , Nays~None. So the question was decided in the affirmative, And the joint ·resolution :haying i·eceived the req~iir~d constit11- tional majority, Was declared Adopted.c, .Ordered that the Homie be infom1ed thereof, And th~ joint ;esolntiori returned to that b~Jcly. Mr. Allee asked that House Joint Resolution No. 3, 103

Be read. House Joint" Re:-;olution No. 3. Be it resolved by the Senate and House of Representatives of the State of Delaware in General Assembly met: That a eoriunittee of two on the part of the Senate and three on the part of the House of Representatives, be appointed to settle with the State Treasurnr.

}'J1·. Aller; moverl that tlw joint re,;olntion be non-concurred in. On the question, ''Shall the joint resolution he n011-cbncnrred in?'' The yeas and nays wern ordered, which being taken, were as followH: Yeas:--Allee, Brasure, Clements, Groves, Harrington, .Jefferson, Lntta, .McNulty, Moore, D. 0., Moore, T. C., Pennewill, $rnith, Sprukr-,, Stirling, ·wright, Mr. President pro fompore. Nayci-None. So the question was rlecided in the itffirmati ve, Ancl the joint re;mlution not having rnceived the required con­ Htitutional majority, \V,ui Not adopted. Ordered that the House be infomrnd ther

House Joint ReHolution No. 5. Be it resolved by the Senate and Hou:oe of Representatives of the State of Delaware in General Assembly met: That a committee of two on the part of the Senate and three on the part of the Homm be appointed to :oettle with the Secretary of State. 104

Mr. Allee moved that the joint resolution be non-eoncurred in. On the question: "Shall the joint resolution be non-concurrred in?''

'l'he yeas and nays wr,re ord

On the question, ''Shrill. the joint resolution lw non-concurrPc1 ! in?'' The yeas a.nd nays were ordered, which being takei'1, were a:­ follows : Yeas-Allee, Brasure, Clements, Groves, Harrington, .Jefferson, Latta, McNulty, Moore, D. 0., l\foor<:l,T. C., Pennewill, Sh1ith, , Sparks, Stirling, ·wright, Mr. President pro tempore. 105

Nays-None. So the question was decided in the affirmative, And the joint resolution not having receivJd the required con~ stitutional majority, Wa1- Not adopted. Ordered that the House be informed thereof, and the joint re­ solution retu:rned to that body.

On motion of Mr. Stirli1;g, the Senate adjourned until 10. 30 to~ morning morning. .106

vVedne~day, .January 14, 1903..:._10,30o'clock A. M. Senate met pursuant to adjournment. Prayer by the Chaplain. Roll called. Members present-Messrs. Allee, Brar:mre, Clements, Conner, Groves, Harrington, .Jefferson, Latta, Moore, D.O., Moore, T. C., McNulty, Pennewill, Smith, Sparks, Stirling, Wright, Mr. President pro tempore, Mr. President. ,Journal read and approved. M1~McNulty, in pursuance of previous notice, asked l@ve to. introduce a biH C S. B. No. 4) entitled : "An act to regulate the business of Detectives within the State of Dela ware.'' And further on his motion, Rule 14 was suspended, And the bi11 was read a second time, by its title, and Referred to the Committee on .Judiciary.

,. Mr. Groves, in pursuance of pr,wions notice, asked leave to in­ troduce a bill (S. B. No. 5) entitled : "Authorizing the appointment of an additional Notary Public for, New Castle County, to reside in the City 0£ ·Wilmington, for . the office of Julian C. Walker." . . . _; And further on his motion, Rule 14 was suspended, And the bill was read a second time, by its title, and Referred to the Committee on .Jndiciary.

Mr. ·conner presented the Insurance Commissioner's Report, and asked that same be reacl. 107 - REPOR'r OF '!'HE INSURANCECOMi\USSIONER FOR THE YEARSJ901 AND 1902. State of Delaware, Insurance Department, . Dover, Delaware, January 1st, 1903. To the Honoi·able the General As8embly of the State of Delaware: · The In:sura.nce Commissioner has the honor to transmit herewith for your consideration and information, in compliance with the provisions of. Clause eighth, Section 2, Chapter 347, Volume 16, Laws of Delaware, the. Biennial Report of tbe Insuranqe Depart­ . ment for the years 1901 and 1902. Rece·ived cluring the year 1901, ...... $24,143.89 Expended during the year 1901,...... 647.95 ---- $23,495.94 Received during the year 1902, ...... $25,658.56 Expended during the year 1902,...... 428.54 ---- $25,230.02

$48,725.96 This amount is $7;281.24 more than was ever collected for the State during any two previous years by this Department. As no legislative committee was created by the latest General Assen1bly, all the State's expenses incurred by this Department have been defrayed by it, with the exception of a single bill of .$90. 00 for printing which was paid by the Treasurer from the Genera.I Printing Fund. During the year 1901 th~ quties of the Insurance Commissioner were extended to the exercise of supervision over certain classes of . Fraternal Beneficiary Associations, over which there had before been no supervision, and the statute, enacted in 1899, giving this Departme1it supervisim1 over Building and Loan Associations was completely enforced. · The responsibilities and duties of the Commissioner were in­ creased thereby, without any increase in renumeration, but the General Assembly supplied a need-long felt in the department by 108 providing for a clerk to the Commissioner and room in the State House for the filing of documents and other matterR of record 111 the department. There were tinder the 8npervision of the Department 'that year: Two Delaware stock fire insurance companies, Five Delaware mutual fire insurance companies, Forty-three stock fire insurance companies of other States; and of foreign countries, twenty-nine. One mutual fire insurance company of another state. Two Delaware stock life insurance coinpanies. Twenty-nine life insurance companies of other States. Twenty-five miscellaneous .immrnnce. companies of other Stat<"" and foreign countries. ' l1Jleven fraternal and beneficiary associations, and nineteen build­ ing and loan associations, four of which were Delaware as::iociatiom, doing business in Delaware and elsewhere, and the rest aRf:iociatinrn; doing business in Delaware only. Tne .following Compan·ics ceased rloing bitsiness in the Statr! in 1901: American fire insurance company, N. Y. Erie fire insurance company, Buffalo, N. Y. Merchants insl1rance company, Providence, R. I. Southern fire insurance company, New Orleans, Lit. Baloise insurance company. Basle, Switzerland. Helvetia Swiss insurance company, St. Gall,· Switzerland. Lancanshire insurance company, Manchester, England. Law Un1on and Crown insurance company, London, England. Lion fire insurance company, London, England. Magdeburg fire insurance company, Magdeburg, Germany. Manchester fire assurance company, Manchester, England. Svea life and fire insurance company, Gothenburg, Sweden. National Indemnity and insurance. company, Baltimore, Mel. Ocean Accident and guaranty corporation, London, England. Dnring the same year the following Companies either entered for the fir.~t time, or re-entered the Stnte: British American insurance company, N. Y. Camden fire insurance association, Camden, N . .J. Dela,vare insurance company, Philadelphia, Pa. Lafayette fire insurance company, N. Y.. 109

National fire. insurnnce company, Hartford, Connecticut. Traders insurance company, Chicago, Illinois. Springfield fire and Marine insumnce company, Springfield, Massachusetts. Sa1amandm insurance company St. Petersburg, Russia. Skandia insurance company, Stockholm, Sweden . . Union Casuality and surety company, St Louis, Mo. Central Accident insurance company, Pittsburg, Pa. Union Central life insurance company, Cincinnati, Ohio, which company left the State in the same yeai'. The risks reported to this department as having been written and renewed during the year 1901 by Delaware fire insurance com­ panies in this State amounted to $17,429,118; the premiums col­ lected, to $108,937.43; the loBses incurred, .to $67; 699. 7 4. The ratio of losses to premiums was 62.14 % . The risks reported as having been written and renewed by fire insurance companies of other States and foreign countries in Dela­ ware during 1901 amounted to $29,933,625.45; the premiums col­ . lectecl, to $234, 801.10: the losses incurred, to $143,695.88. The losses ,Ye}'e60.12% of the premiums ol these companies in this State. The reduction of underwriting capacity ·was clue to the with­ drawal from the State and coui1try of foreign counti'ies, because of large net losses in their aggregate Ainerican business. As has been seen, four American companies withdr(,)w, and seven entered the State; but while nine foreign companies withdrew, on­ ly two entered the State that year; making a net loss to the State of four fire insurance companies. Two miscellaneous insurance companies left the State and two entered it. One life insurance company. entered and left the State that year. 'rhe ratio of losses tel premiums during the year 1901, in Dela­ ware, was in the business of accident insurance, 38. 5 %; health, in­ surance, ·26. 7 % ; employers liability insiuance, 119 % ; fidelity and surety, 15. 2 %; plate glass insurance, 22. 2 % ; steam boiler irnmr­ ance, 9.8%; burglary insurance, 16.6%. The aggregate of premiums on miscellaneous insurance in the 110

State was $49,600.23. · The aggregate of losses, in the same business was $20,744.52. The loss ratio wm-:43.83%. · The aggregate premiums collected during 1901 in Delaware by all _life insurance companies amounted to. $942,734.54; the aggre­ gate losses, to $370,011.30. The loss ratio was 39.24%. The .premiums colkicted on ordinary, old line policies amounted to $56G1233.89; the losses on the same to $244,248.79. The premiums on industrial life· insurance policies amounted to $366,8G8.07; the losses on the same, to $118,262.51. The premiums and assessments collected in the Sfate by assess~ ment life insurance companies amounted to $9,632.58; the losse,-· of these corn panies, to $7,500. Copies of the abstract of annual statements of insurance com:pa­ nit.3sand fraternal beneficiary associations reporting to this depart­ ment their condition as of Decem!:ler 31st., 1901, are herewith submitted, marked "Exl;ibit A." Since the publication of this abstract I h:we received notice from the Penn.Mutual Life Insurance Company, Philadelphia, Pa., that the 111.istakewas made at its office of stating its insurance in force December 31st, moo,in Delaware, as $2,013,235, which should have been. stated as $1,909,936, ani:l its insurance terminated elu­ ting 1901 in Delawa,re as $216,829, which shoulclha,ve been $113,- 530. The Guarantee .Building and Loan Association, \Vilmington Del­ aware, was examined by this Department in June of 1901. It was found insolvent, and placed by the Chancellor in. the hands of a receiver, Hon. D .. J. Reinhart, vVilmingt01i, Delaware, who is winding up the affairs of the association with as much expedition as is practicable, in view of the nature of the a:ssets and liabilities of the association: The Commercial Fire Insurance Company, vVilrnington, Dela­ ware, nominally, but in reality of shifty residence, w:hich company has operated in violation of the law of nearly, if not quite, every · State in the Union, and is nmv without authority to do business in Delaware or any other State in the Union, has been victimizing people of nearly, every part of the country by selling to them con­ tracts of insurance in violation of law, and the obligations of which 111 contracts it fulfills ,or not at its pleasure. A certificate, issued in January of 1901, setting forth that this company had complied with the reqi.1irements of its special charter was revoked September 11th, 1901, because it was discovered that the company had practiced fraud and covin in obtaining and submitting to this department a certificate of deposit of $25,000, which amount was required by its charter to be paid in for its stock before it could begin doing business, and that a Rtatement of the company's alleged financial condition published by the com­ pany together with a copy of the aforesaid certificate was false and fraudulent. · I respectfully request that your honorable body revoke the franchise of this .Commercial Fire Insurance Company, of vVil­ rnington, Delaware, w'hich has misused and abused its corporate powers until it has become the most notorious of ''wild cat" in~ surance concerns. Between the time of the publication of the abstract hereinbefore mentioned and January 1st, 1903, the following companies have either entered for the first time, or re-entered the State : Phoenix (Fire) Ins. Co., Hartford, Conn., Horne Fire and Marine Insurance Company of California, San Francisco, Cal., Security Mutual Life Insurance Company, Binghampton, N. Y., Pelican Mutual Life Ins. Co., Phihdelphia, Pa. (an assessment company), United States Casualty Company, N. Y., State Insurance Company of Delaware, 'Nilmington, Delaware, (Fire), National Protective Legion, Waverly, N. Y., ( a fraternal bene­ ficiary ass' n. ), The Economic Life Insurance Company of America, vVilmingc ton, Delaware, sold its business to the Metropolitan Life Insurance Company, N. Y., May, 1902, the latter named company re-insur­ ing the risks of the former; whereupon the Economic Life Insur­ ance Company of America retired from business. All the risks of the Merchants Ins. Co., Newark, N . .T., were re­ i~sured July 26th, 1902, by, the National Fire Insur<1nce Company of Hartford, Conn. · 112

The name of the American Bonding and Trust Company, Balti­ more, Md., was changed during the year to ''The American Bond- ing Company, of Baltimore.". · The name of the Mutual Reserve Fund Life Ass'n, N. Y., was changed during the year to ''Mutual Reserve Life Insurance Com­ pany'' and it was converted from an assessment company to an old-line company . . There were during the year just past under the supervision of this department: · Three Delaware stock fire insurance companies, Five Delaware mutual fire insurance companies, Forty-one stock fire insurance companies of other States, One mutual fire insurance company of another State, Nineteen fire insurance companies oUoreign countries, One Delaware stock life insurance company, Thirty life insurance companies of other States, Twenty-five miscellaneous insurance companies of other States and foreign countries, _Sixteen fraternal beneficiary associations, And twenty-one building and loan associations, three of which · were Delaware· associations doing business in Delaware and elsewhere, and the rest Delaware associations doing busi­ ness in Delaware only. The Mutual Loan Association, Wilmington, Delaware, is in v9luntary liquidation. The Smyrna Building and Loan Association wound up its affairs and paid off all claims at the rate of 83! cents on the dol­ lar during the month of December, 1902 The annual statements of insurance comp~~ies are not required by law to be filed with this department before the twenty-eighth ; of February of the year succeeding their scope, and few come to hand before the end of January; therefore I am unable, as yet, to furnish your honorable Assembly with an abstract of the reports of companies reporting to this department their condition as of December 31st, 1902. ,. The State Insurance Company of Delaware, a special charter company incorporated May 25th, 18.97, by special act of the 'Leg­ islature, and authorized by its charter to do a fire insurance busi- 113 ness on a paid-up capital stock of $25,000, was licensed June 25th, 1902. It was organized with a paid-up capital stock of $40,000, and a script guaranty fund of $60,000. 'fhe latter asset consists of stockholders' notes given in consid­ eration for shares of capital stock, held as collateral security for the debt, and was secured, as have been assets of a like nature by. other special charter companies, for the purpose of n1aking it pos1 sible for the company to be brought under the supervision of a State Department. Two ,other companies, the German Union Ins. Co., 'iVilmingtoJ?, Del., and the National Insurance and Investment Company, Dover, Delaware, are now under consideration as applicants, upon the same status, for license to do buRiness · under the general in­ surance law. The law governing the department requires that a Delaware stock company shall have a paid-u:p capital stock of $100,000, which iR considered the minimum of safety, before it can be licensed to do business. A statute enacted during the lateet session of the Genernl As­ sembly permits companies chartered before the enactment of the Law to· niake up the difference l)etween their stock paid up in cash and the required $100,000 with stockholders notes; which provis­ ion makes it possible for these companies to be brought under prpper supervision and. operated responsibly, and at the same time · the statute forbids the incorporation after its enactment of life, fire accident and insurance companies, without an adequate amount of money first having been put up to insure the performance of their contracts. I would respectfully recornmend that section 4, chapter 99, vol-· ume 22, Laws of Delaware, be so amended tl).at the requirement of prospective incorporators to make a deposit~ insuring g9od faith, before they can be permitted to have issued to them certificates of incorporation of life, fire or accident insurance companies, be made to extend to prospective incorporators of all classes of stock insur- ance companies. ' • · · The result of the state of affairs which existed before the enact­ ment of the law to which I have referred is exemplified in the pa­ pers herewith submitted and marked ''Exhibit B,'' which is a list 15 114 of insurance companies against which the National Convention of Insurance. Commissioners deem it necessary to warn the public, together with some extracts from the record· of the Convention pro­ ceedings in reference thereto, Many of these companies have been granted in their chartern privil_eges which exempt tbem from supervision, and have taken special advantage of their irresponsibility with resul.tant. danger and damage to the public. In this connection it is to be remarked that the Amended Con­ stitution of 1897 demands that the General Assembly shall make statutory provision for the forfeiture, because of misuse or abuse, of franchises granted under the General Corporation law. As yet we have no such law on the statute ·books. There is need of one in my opinion, and I respectfully recommend the enactment of such a law. I recommend also that it be provided by law that when a person· is unable to secure insurance from authorized companies on particu­ lar property, he be enabled after filing in the office ·of the Insur­ ance Commissioner an affadavit setting forth the facts, to effect in­ surance, through an agent to be named in said affadavit, in com­ panies unauthorized to do business in Delaware, and that it shall be lawful for such agent and such companies so to act, provided, however, that no such insurance shall in any case be secured from a company .unauthorized by the Insurance Depart­ ment of the State of its incorporation to do business therein, to the end that unguarded perrnns shall not be victimized by irre­ sponsible· insurance concerns, .but shall at the same time have every opportunity to secure bona fide insurance. In respect to 'building and loan associatioris, I would respectfully recommend that the issuance by the commissioner of his license to building and loan associations be made discretionary, to the end that the public may be better protected. The law is at present ma1i.datory that the Commissioner shall issue to such associations licenses, when they shall have filed in his office their annual state­ ments, and h~ must issue the same even though the association be insolvent. · I would further recommend that the expense of examining such associations, when such examinations'are made necessary accord- 115 ing to the prov1s10ns of the statute governing. their operations, be borne by the State, instead by the associations as is at present requisite. - Now the Commissioner is required, under certain cir­ cumstances, to examine these asseiciations, and must of course pay the expenses of such examination and take the chance of being re­ inbursed later by the association. ·Should the association be foui1d insolvent, the spectacle is presented of the Commissioner ·being compelled by law to pay from his private funds a debt which the State forces him to contract for its benefit. The law does not con­ template this. · Letters of inquiry directed to this Department concerning State Banks, Trust Companies, and Safe Deposit Companies, under the impression that there is supervision over such institutions in this State, have to be answered with information that there is no super­ vision by m~y Department of the State Government. In several . States where there is no separate Department of banking,-New Jersey for instance,--'supervision over such insti­ tutions,-State. Banks, Trust Companies, and Safe Deposit Cor­ porations, is joined, for the sake of economy, with supervision over insurance affairs under one Department, called the Depart­ ment of Banking and insurance. The number of these institutions in this State over whiph there is no supervision has increased from year to year, and the amount of money intrustecl to their keeping and invested in their stock has increased to such an extent, that no~v it-sees there should be some supervision by the State over these large· and important interests of her citizens. Our institutions of this class are eminently well, conservatively, and honestly operated, and vvould be thankful to the State for giving to their patrons the additional guarantee of security which such a supervision would insure. The more than· $600,000,000 already paid out by fraternal beneficiary associations to beneficiaries, who, for the most part would have been otherwise without insurance, and the vast amount. of insurance money promised to be paid by them in the future; certainly entitle them to the serious and careful consideration of the States. Such associations are not in any sense charitable institutions, 116 but are designed .to be co-operative associations for the collection of money from their members, which mone;y is to be distributed on the happening of ce!'tain contingencies-the sickness, disable­ ment, or death of the rnernber.in,certain amounts to the benefi­ ciaries of the members. The general averages of mortality and cafmalty statistics vary no more am,ong the membership of such asRociations than among the policy-holders of old-line life and casualty insurance companies, and competition keeps the latter class of companies as well as the former, from making the cost of their insurance greatly in excess of its cost to them. Therefore fraternal beneficiary associations, if they are to make their insurance cheap, must maintain their expense of operation at a low rate. If they do not do so and still sell cheap insurance, the result will bring hardship and suffering to the family of many a man who thinks he is providing some­ thing for them to gather the benefit of when he shall be no longer able to earn their livelihood.

Such institutions should be absolutely mutual in nwture; should. collect regular clues or assessments; should have a representative form of government, local lodges, grand lodges, and supreme lodges; should keep their mortuary funds separate and distinct from all other funds and use the same for no purpose other than the payn'J.ent of loss claims. They should be protected and foster­ ed by the State and not taxed for revenue, but their 1'nembers and prospective beneficiaries have as good right to, and better cause for, protection by the State from any infringement of their right,; or interests, than have the members and policy-holders of other classes of insurapce concerns. They have an equal interest in knowing the exact financial and business Rtatus of the associations of which they are members.

Such protection and information should be enabled to be gi~'en by the Insurance Department.

Our law provides for an airnual statement from beneficiary asso­ ciations to t.his departmei1t, and the publication thereof, yet some associations have not complied with this mild and beneficial re­ quirement, which is simply a requirement of a guarantea of se­ curity to their membership, and entirely in the interest of the as­ sociations. 117

. I hope to see all associations of this class take advantage ofthis provision as soon as they shall comprehend its beneficence. The cost of compliance therewith. amounts to only $13.00, $10.00 of which goes to the State to defray the cost of blanks, postage, license, etc., and the $3.00 for publication. · I recommend that your honorable body, · in authorizing the publication of the full Biennial Report of the Insurance Depart­ ment for the years 1901 and 1902, .,provide for the printing of one thousand (1,000) cloth honnd copies, as is necessary and custom­ ary, and make provision ,for an appropriation to defray the cost thereof. All of which is respectfully submitted . .GEORGE W. MARSHALL; . ' • I In8urance Oomrni.~doner. . .fanuary 6th, 1903.

• On motion of Mr. Conl\er, Insurance Commissioner's report was :,;pread on the journal and 5.00 copies ordered printed. Mr. Sparks gave notice that on to-morrow or some future· day he would ask leave to introduce a hill, entitled:·· · ''An act to appoint an additional Notary J~ublic for Wilmington Hundred, New Castle County, for the real'estate office of A .. J;­ Kooch." Mr. Pennewill gave notice that on to-morrow or some future day he would ask leave to introduce a bill;. entitled: "An act to equalize taxation for State, County and Municipal purposes.'' . Mr. Conner gave notice that on to-morrow or some future day he would ask leave to to introduce a· bill, entitled: "An a~t permitting the town of 1VIilford,Delaware, to issue bonds to finish the sewers and make· other iinprovements to its streets. '' ' · Mr. Moore, D. 0., gave notice that on to-morrow or some fu­ t~re day he would ask)eave to introduce a bill, entitled: . - 118

"An act to a:rhend section i, of chapte~· 75, of the Jaws of Dela- ware entitled of divorce." · Mr. Sparks prese11ted a joint resolution, entitled: Senate Joint Resolution No. 3. Be it resolved by tho Senate and House of Representatives in General Assembly met: · That when both houses adjourn on the fourteenth day of .Jann­ ' ary A. D., 1903, they rtdjourn to meet at 10.30 ~·· m. o'clock .Jan- uary nineteenth, 1903. · \,Vhich, on his motion, , \Vas read. Mr. Sparks moved that the joint resolution be adopted: On the question, ''Shall the j9int resolution paRs the. Senate?'' The Yeas and nays wore ordered, which being taken, were as follows: Y eas__:Messrs. Clements, Groves, Harrington, Jefferson, Latta, McNulty, Moore, D. O., Moore, T. C., Sparks, Stirling, Wright. Nays-Messrs. Allee, Brasure, Conner, Pennewill, Sniith, Mr. President pro tempore. , So the question was decided in the affirmative, And the'joint resolution having received the required cmrntitu- tional majority; · · Was declared Adopted. Ordered to the House £or concnrrence. ·Mr. Stirling offered the following resolution. Resolved that the State Librarian be and is hereby authorized to arrange for the use of the Long Distance Telephone, for thP members of the Sei:ate, free of charge. Mr. Allee offered the following amendment: Add after the word Charge, "For use of State purposes only." Sarne being adopted as amended. 119

· On motion of Mr. Moore, T. C., the Senate took a recess until 2 o'clock p. m.

Same day, 2 o'clock P. M. Senate re-assembled at the expfration orrecess. Mr. ·President directed the following communication read . . To the 1vfember8of the Senate of the Strlte

GENTLEMEN; ·1 I · hereby tender my resignation as. Reading Clerk of the Senate. Very respectfully, ' EDWARD P. HAZZARD. On motion of Mr. Sparks, Same Was accepted. Mr. Spark8 nomirn1ted George L. 'l'ownsend, J.r. for Reading Clerk. On motion of Mr. l\foNulty, l\fr. Sparks was allowed to cast the vote for Reading Clerk . .Mr. Sparks voted for George L'. Townsend, ,Jr. Whereupon the President decla,red George L. Townsend, Jr. elected Rea~ing Clerk. · Mr. Sparks presented George L. Townsend, Jr. who was sworn· in as follows: 120

I do solemnly swear that I will support the Constitution of the Uniterl Stt1tes 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 '.lf Delaware according to the best of my ability; · and do further solemnly swear that I have not directly nor indi­ rectly paid, offered or prmnised to pay, contributed, or offered or promised to contribute, any money or othei 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. · GEORGE L. TO\VNSEND, ,JR. Mr. Hodgson, Clerk of the House, befog a~lmitted, informed the Senate that the House had concurred in the following joint rnsolu­ tion:

~ Senate .Joint Resolution No. 3, entitled: In reference to adjournment until Monday Jan. 19, 1903. And presented same to the Senate. Mr. Smith, on behalf of the Committee onEnrolled Bills, re­ ported as duly and correctly enrolled and ready for the signature of th<:,President, the following : Senate Joint Resolution No. 2. "Resolved that a committee of five be appointed; two on the part of the Senate to be appointed by the President of the Senate, and three on the part of the House to be appointed by the Speaker of the House, to audit the accounts of the Secretary of State, the State Treasurer and the Insurance Commissioner, which shall em­ ploy expert assistance and to make a report of their findings to the · General Assembly on ?r before the twentieth day of February, A. D. 1903." Mr. Clements gave notice that on to-morrow or.son1e future day he would ask leave to introduce a bill, entitled: "An act to amend Chapter 535, Volume 20, Laws of DelawarH, entitled 'an act to re-incorporate the town of Clayton.' '' On motion of Mr. Harrington, the Senate adjourned until 10.30 o'clock Monday morning, January nineteenth, 1903, in accordanc0 with Senate .Joint Resolution No. 3. 121

Monday, January 19, 1903-10.30 o'clock A. M. Senate met' pursuant to adjournment. Prayer by the Chaplain. Roll called. :\ilembers present-Messrs. Allee, Brasure, Clements, Conner, Groves,· Harrington, .Je;fferson, Latta, l\foNulty, Moore, D. 0., Moore,' T. C., Pennewill, Smith, Sparks, Stirling, \Vright, :l\fr. President pro, tempore, Mr. President . .Journal read and approved. Mr. Hodgson, Clerk of the House, being admitted, informed the Senate that the House .Joint Resolutions Nos, 2 and 4, had been enrolled and signed by the Speaker of the Hause, and presented the same to the Senate for the signature of,the, President, entitled : House Joint Resolution No. 2: "In relation to a new flag for the State House." House Joint Resolution No. 4: "In relation to a committee to settle with the Librarian." And presented the same to the Senate. Mr. Preside1it directed the following communication re,ad:

Dover, Delaware, .January 19, 1903.

HON. PHILIP Q. CANNON, Lieutenant Governor of Delaware. My Dear Sir: We are instructed by the Tnistees of the Delaware State Hospi­ btl at Farnhurst, to extend through you to the Honorable Mem­ bers of the State Senate in session at Dover, Delaware, an invita- 16 122 tion to visit.the above named hospital at Farnhurst at as early a day in the session as your Honorable Body may make it conven­ ient to suggest. (i;J~ORGJ~ s. CAPELL, J. H. WILSON, H. R. BURTON' Committee. Motion offered by Mr. McNulty that th.e. communication from the Trustees of the Delaware State Hospital· at Farnhurst be received and spread on the minutes and a committee of two on the part of the Senate to act with committee Gn the part of thP House be appointed by the President. · Motion carried unanimously and the President appointed Messn,; McNulty and Brasure. Mr. Pennewill, from the Committee on Judiciary, reported back with favorable recommendation (T. B. No. 1), entitled: · "An act authorizing the (}overnor to appoint an additional Not­ ary Public for Kent County, resident in the town of Dover." Ori motion of Mr. Pennewill, the bill just reported Was tahm up for consideration, .,-,And, on his further motion, was. read a third time, by para­ graphs, in order to pass the Senate. On the question," "Shall the bill pass the Senate?" The yeas and nays were ordered, which being taken, were as follows: Yeas-Messrs. Allee, Brasure, Clements, Conner. Groves, Har­ rington, ,Jefferson, Latta, McNulty, Moore, D. 0., Moore, T. C., Penhewill, Smith, Sparks, Stirling, Wright, Mr. President pro tempore. Nays--:-None. So the question was decided in the affirmative, And the bill having received the required constitutional majority. · Passed the Senate. 123

Ordered to the House for concurrence . .Mr. Sparks, in pursuance of previous notice, asked leave to in­ trnduce a bill, (S. B. No. 6), entitled: An act authorizing the Governor to appoint an additional Notary Public for Wilmington Hundred, New Castle County, Delaware, for the i·enl estate office of George R. Townsend Co.'' And further on his motion, Rule _14was suspended, And the bill was read a second time, by its title, and Referred to the Committee on Judiciary. Mr. Sparks, in pursuance of previous notice, asked leave to in­ troduce a bill,, (S. B. NQ. 7), entitled: "An act to eii.able the Governor to appoint an additional Notary Public for \Vilmington Hundred, New Castle County.'' . And further on his motion, Rule 14 was suspend~d, And the bill was read a second time, by its title, and Referred to the Committee on .Judiciary . .Mr. Clements, in pursuance of previous notice, asked leave to introduce a bill, (S. B. No. 8), entitled: · "An act to amend Chapter 635, Vol. 20, Laws of Delaware, 'an act to re-incorporate the town of Clayton concerning the com­ pensation of certain officials of the town of Clayton; the collection of money due and owing to the town of. Clayton by attachi:nent process; prohibiting bonifires, the using of warrants in the name of the State; the collection of taxes and the assessed valuation of real estate in the town of Clayton.' " And fur_ther on his motion, Rule 14 was suspended, And·the bill was read a second time, by its title, and Referred to the Committee on· Cities and Towns. Mr. Smith gave notice that on to-morrow or some future day he would ask leave to introduce a bill, entitled: · "An act to repeal 'an act for the protection of sturgeons, Chap­ ter 463, La\vs of Delaware.'' 124

Mr. McNulty gave notice that on to-morrow or Home future

Same day-2 o'clock r. 11. The Senate re-assembled at Axpiration ·of recess.

. ) Mr. Moore, D. 0., in purstmnce of previous notice, askecl leave, to introduce a bill, (S. B. No. H), entitled: "Anact to amend Section 1 of Chapter 75, of the Laws of Dela- w<>Te,entitled 'Of Divorce.' " And further on his motion, Rule 14 was Rlu,pended, · And the bill was read a second time, by its title, and Referred to the Cominittee on Revised Statutes.

On motion of Mr. Pennewill, the Adjufa111tGeneral' 8 Report was read as follows: 125 .

BIEN:NIAL Rl~PORT OF 'rHE ADJU'rAN'.1' GENERAL Ole DETjA WARK State of Delaware, Adjutant General's Office, Wilmington, Del., Dec. 31, 1902. To his Excellency, John Hunn, Governor and Commander-in-Chief Sir: I hav.e the honor to submit my report for two years ending De­ cember 31. 1902. The National Guard of Delaware consists of one regiment of in­ fantry, composed of seven companies, and band, to the number of· twenty-eight (28) offi.cer.s,and three hundred and twenty-two en­ listed men. During the past two years the men of this regiment have been equipped with the complete equipment of the infantry soldier; there is also stored at the State Arsenal Camp equipage suf­ .ficient for five hundred men, and extra equipments for one hun­ dred and fifty men; all of this equipment having been supplied by the United States Government. The condition of the National Guard has improved slightly during the past year, largely due to the prospect of a tour of duty in camp, which was held during the month of September. The force is officered by capable men, hut under the present appropriation of Five thousand dollars ($5,000) annually, it is utterly impossible to maintain an efficient and re­ liable force for the reason that only work in the Armories can be undertaken, together with a very limited amount of target practice. 'rhis gr°'ys very monotonous to both officers and men, as it does · not afford them opportunities of learning the duties'of the soldier, consequently the membership is continually changing, Eisthere is no incentive for men to enlist or re-enlist. ThE; enlisted .strength is~therefore composed largely of young men of little or no military training. In view of the fact that the United States Government furnishes the entire equipment for the Guard, and that it does not cost the State a penny for this purpose, it would seem to he the duty of the State to provide the means for its maintenance, instruc­ tion and discipline: \Vith an adequate appropriation providing a tour of duty in camp each' year, it would be but a short time be- · fore Delaware woul\i have a Guard which would compare with that of other States. 126

I would therefore earnestly recommend that the Genernl Assem­ bly give the Militia serious considerntiori, at the coming session; and I submit, as a business proposition, :t would be better to abol­ ish the organization entirely, and save to the State the money now expended, than to continue an organization which experience teaches us can be but indifferently trained and disciplined under the present appropriation.

COMMISSIONS AND RESIGNA'fIONS. Since the last. report there have been twelve commissions grant­ ed; nine resignations accepted, and one officer dropped for deser­ tion.

STATE ARSENAL. My predecessor, General Garrett .J. Hart, in his report of 1900, · invited attention to the necessity for a new roof, and other much needed repairs to the building, and the G~neral Assembly having adjourned without making provision for such repairs, the State Military· Board, after a careful inspection of the building during the month of .July, 1901,decided that in order to protect the prop­ erty from rapid decay, it would be necessary to replace .the old plastic slate roof with a new tin one; to replaster and re-paint the building; also to provide wire screens for the windows, and to re­ lay the pavement outside, and in the basement. The Adjutant General was therefore authorized to have the repairs made at once, and to pay for the same out of the appropriation to the National Guard. Proposals were asked for and contracts awarded to the lowest bidders to the amount of nine hundred and seventy-three dollars and sixty cents ($973. 60); itemized vouchers for which are on file with the State Treasurer, and at this office. The work was completed by December 1, 1901, and the building is now in a fair state of repair. Inasnn~ch as this expenditure was absolutely neces~ary for the preservation of State property, and the fund from which it was taken is already inadequate to the needs of the National Guard, I would recommend that the funds to the credit of the National Guard be reimbursed to that amount. ·

INAUGURATiON OF 'fHE LA'fE PRl~SIDENT MCKINLEY. Through the courtesy of the last General · Assembly, and the 127

Pennsylvania Railroad Company, who furnished the transporta­ tion for the movement, the FirE't Infantry and Band participated in the inauguration of the Prresiclent-elect, at 'iV"ashington, D. C., on March 4th, HlOl. Tlie troops were comfortably quartered in Costello Hall, and furnished .with a commutation of subsistence of Seventy-five cents per day. The regiment occupied a conspicu­ 'OUS place in the line of parade, and was highly complimented for its soldiery appearance. The conduct of the officers and men th1;oughout · the trip was excellent, and they were a credit to the State which they represented,

CA1IP Ol<' INSTlWC'rION. In accordance with .G. O.,No. 11, A.G.O. under date of Aug. 5, 1902, the First Inf., Col. Theodore Townsend Commanding, went in­ to camp at Newark, Delaware, on September 6, 1902, for a period of six days. Owing to a lack of funds available for this purpose, it was necessary to limit the time, and omit some features which would have been of great benefit to both officers and men. This camp was purely a camp of instruction, the discipline maintained was excellent, and it was very gratifying to note the earnestness. with which officers and men alike applied themselves to duty in their endeavor to acquire a more intimate knowledge of the duties of ,1 soldier in the field. That they made rapid progress was 3:p­ parent on the last days of the camp, and it is to be hoped that practice of this kind will be provided each year, as all who are fa­ miliar with the subject agree that it is the only way to train and discipline soldiers for instant and effective service;

LEGISLATION. With a view to the preparation of a bill for presentation at the coming session of the General Assembly amending the present Mi­ litia law so as to meet the requirements of a small but well organ­ ized, instructed and disciplined force, one that would be effective in case of necessity, a Board of officers, composed of some of the oldest.and most experienced officers in the State, was convened for . that purpose, by S. 0. No. 13, A, G. 0., under date of September 23, 190:t The Board recommends an increase of two companies of Infantry making a twelve company regiment, conforming to the minimum strength of a regiment of United States Infantry; they also recom- mend in addition to some minor changes, the appropriation of a~ sufficient sum of money to provide for field practice each year. :rhe recorrmiendations ·of the Board have the unqualified endorsement of this office, and will be presented to the. General Assembly for their action. . I. P. WICKERSHAM, .Ari;jutant General. And further on his motion, was ordered spread upon the .Journal. • Mr. Hodgson, 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 : HouRe .Joint Resolution No. 8. "Authorizing the Adjutant General to have printed 500 copies of his last report; 300 to be bound in cloth and 200 to be bound in paper.'.' On motion· of Mr. McNulty it was decided that Friday afternoon, .Jan. 23rd, be selected as the time for visiting the Delaware Statce Hospital at Farnhurst. And presented same to Senate. Mr. Allee asked that the House .Joint Resolution, No. 8: · Authorizing the Adjutant General to have printed 500 copies of hiR last report; 300 to be bound in cloth and 200 to be bound in paper Be read. Mr. Allee moved that the joint resolution be adopted. On the qtrnstion, "$hall the joint resolution pa~s the Senate '?'7 The yeas and nay,; were o_rdered, which being taken, were' as · follows: Yeas-Mess1·s. Allee, Brasure, Clements, Conner, Groves, Har­ rington, .Jefferson, Latta, McNulty, Moore, D. 0., Moore, T. C., Pennewill, Smith, Sparks, Stirling, Wright, Mr. President pro tempore. Nays-None. 129

So the question was decided in thP affirmative, And the joint resolutiori having receiving the required constitu­ tional majority, Wai, dedarecl Adopted .. Ordered that ~he House be informed thereof, and the joint res­ olution retlirned to that body.

, · .0)1 . mqtim~ . of, Mr.Clei11ents, the Senate adjourned m1til 10.30 o'clock·to-morrow morning.

J7 l30

Tuesday, January 20, 1H03-10.30 o'clock A. :M. Senate met pursuant to adjoumment. Prayer by the Chaplain. Roll called. Mem hers present-l\Iessrs. Allee, Brasure, Clements, Conner, Groves, Harrington, .Jefferson, Latta, McNulty, l\foore, D. 0., Moore, 'I'. C., Pennewill, Smith, Sparks, Stirli.ng, Wright,, :Mr. President pro tempore, Mr. President. I .Journal read and approved. • On motion of Sei\ator Stirling, the following resolution was adopted: That all bills be typewritten and _properly backed aml aetecl be­ fore being presented for consideration. Mr. Hodgson, Clerk of the House, being admitted, informed the Senate that the House had concurred in the followh1g Renate bill No. 1. Senate Bill No. 1. "An :wt authorizing the Governor to appoint an additional Notary Public for Kent County, resident in the town of Dover." I On motion of Senator ,Jefferson the following resolution was 'adopted: , Be it resolved by the Senate, that the Librarian be all(l is here­ by directed to furnish each member of the Senate with a copy of Smith's Diagram of Parliamentary Usages. ' Hon. Caleb R. Layton, Secretary of State, was announced and on being admitted presented the Chemist's Reports for the years 1901 and 1902. · 131

On motion of. Mr. Allee Senate proceeded to nominate attorney fo1; the Senate. }Ir. Allee nominated Mr. Frank ];I. Davis. :Wr.Sparks seconded the nomination. There being iloother nominations Mr.. Allee moved the·Senate proceed to elect at~orney. On motion of Mr. Alle_e,Mr. President appointed Mr. Harring- ton and Mr. Oonner tellers. · Votes as follows: Frank H. Davis, 10. . Whereupon the President of the Senate declared.that Frank H. Davis having received a maj01·ity of the votes cast was duly elected attorney for the Senate. · Mr. McNulty, in pursuance of previous notice, asked leive to introduce a biU, (S. B. No. 10),. entitled: "An act authorizing an appointment of an additional Notary Public for New Castle County, to reside in the city of Wilmington for the office of Delaware Incorporaton1' Trust Company.". · And further on his motion, Rule 14 was suspended, And the bill was read a secm;d time, by its title, and Referred to the Committee on .Judiciary; Hon. Caleb R. Layton, Secretary of State, was announced, and on being admitted, presented for the confirmation of the Senate the following appointments by His Excellency, the Governor: ·

l~Xl~CUTIVB DEPAR'l'MENT. Dover, Delaware, .Jan. 20, 1~03. To the Honorable, the Senate of Delaware. Gentlemen: I hereby nominate and. appoint for the consent and confirma­ tion of the Senate, Robert A; Wood to the office of ,Justice of the 132

Peace in and for Sussex County, resident at Ellendale, for the terri1 of fonr yearn. .JOHN HUNN, Governor.

Exgc(TTJ\'E 1>EPAR'1'l\11~N'1'. Dover, Delaware, .fan. ~O, 1903. To_the Honorable, the Sern1tc~of Delaware.· Gentlemen: I hereby nominate and .appoint for the consent and confirrnation of the Senate, Peter C. Frasher to the office of Justice of the Peace in and for Kent County, resident at Petersburg, for the farm of four years, ·· JOHN HUNN, Governor.

l