Delawaresenatejourna

.. ·,r

:133

:, ~'A.1;1,actito..repeal~ Chapter 478,,Volutne 2p, Laws ,of Dela,.. · -yvare,being 'An act in-referente to the confirmation of ,the re port of commissioners appointed to lay out a ditch near Blacks- ton's Cross Roads, Kent County, Pelaware/ " :: : :.

10n :m,otion,-ofMr; Abbott the bill, . Hou~e Bill No. 8, ·entitled

' . ' "An act prescribing teguiatiorts'for'dbing'artd furnishing all printing to be us.ed by thepresent session. of the General As- is~mbly;"'..' '<' :; .:, ',' : .. .. ' : '., :;,·· ' :

. Was taken up and read. a first time,

And, on his further motion Rule 14 was suspe~ded as to this bill, . ' . 'Anlthe bill was read a second ti1:°eby title and Referred to the Committee on' Printing .. I On moti<;mof Mr. Knox the bill, ·s~rt~te ::siti·N'd·: s; ·ehtiti'ea. :.:

"An act to. renew the ch~rt~~ ofthe _:Pei-pet~aisivings and Lp3;1,1.t\~~od~tion, 9£;)iVHmjngt()p., I,)~l~ware;'' : ,: .. ,·. Was'taken.up and f·~~ci·a.fii~ttiriie.

And, on his further motion Rule 4 was· susp~nded as tci thjs bi,11,., .: : · , . . . . :. . .. : ..... · . · : . ·.· :·. . i . · ·

;''.'!~; _;;:_e; ·,:;L t> ·.:·1r· _::·.1... . . , . , , _;; ,··, Atid the bill was read a:·second tinie by title and · ··

:,. :Ref~rred:,to tli,e C0rnmi.ttee on Incorporatiotis •. ,. ·

Ur.Sheppar.d 1 Cl~rk.~fth.e:H.9:µsej b,eing- admi!t~d 1 infcirme~ <134 · .. tlie'Sehatethat the Hotise,hadionct:irred .iii.:the following Sen- ·ate:bill: · ....,:_._ ··,,_,... /' ·.1 ·;·, -·:: ·: ·· ,::. ·_,-::·,· ···, .. ' '"_/.. ': _,: \ t_;,: .,;;< . ·;.. (i:; :: ~,,;·: . Senate Bill N 6'.3;··entitled · : ·,: "; :: :..._ '· 1·, "An act to div:ert into· the.general.fund certain-moneys whl.~h had accumulated in the school fund prior to the passage of the present school law," · '.;: · ., . · · :.: ·: ·

· And:returned,the same,to.the Senate ..,,,.: •;.. , , , . ".·

'.l_, ·, :·-· ·.·~·,· ... \;··1 ·-:-<.·_:/<; .::-l·1,. , :~·:.~.·,,:·'.::·~·- ...:~\ ': ··;:.;i·...' _,: ..;· (v .. :· ~..--·:i;rr:·;:: On motion of Mr. Abbott the Senate took a reces~ u11til,.3 o'clock, P. M. · ·

: ', ~ ;.

. ' i ~ ; ·: '. I 1' '. , ' i , ..

.\ Same I)a,y-3 ~'.clqck; P, M, 1,- : •. ,· ·' ',, • .1: :·, ... -. ( Senat.e met pursuant to adjournment .. I' ' . . ' I '' ~ ' ,, • ' ' ' ' ' ' b' ' ; ' ' '~• '1 .' : . Mr. Meredith gave notfce that ontc;~~orrow.oi·some future day he would ask leave to intr_oduce a bill,. ,.. - ··:·· · ·i;,.; ·:.: ti-1:'.,:: . Senate Bill No. 9, entitled . ' .. ' ; ',: ;'. l • ·' (;. ~ .' • I ! I .: . '. : ' I ; > • • • : ', ,~ '. /.• "An act to amend Chapter 49, Volume 2r, Laws ofDel~ware by providing an En!oll~ng Cl~rk for ea.ch house. qf the ~eneral Assembly."·•.>:··',:,:_' ...::.,,•,>·,· .. ·:::·::,::,:·: :,i :.. ·'·::'

Mr. Abbott, from the· Comm:ittee 'off :Ehrollea.· Bilis;i:repdtted as duly enrolled and ready for th<'!signature of the President of · the,Senate; the :followingSenate joint resolutions·: 1' :·• 1 ',::: • '> ''.135

Senate Joint Resol~tion No. 2, :entitled.· · ··;.:'.'Joint resolution authorizing the appointment:of.ajoint com niittee:.to draft rttles for govern·ment·of intercourse between the two houses." ' . . .

-!: : 't) •,·. "Senate joint resolution appointing a joint committee· t.o .ex :amine and audit the accounts.· of the .State Librarian. and settle with him.".· ' ··: (:; ' ·. ' .. ;'i ' ' .< .. Senate Joint Resolution No: 6, entitled

'.!Senate·joint resolution. in relation to settling with th~ At- .. ·torney -General.. "· . · · ·

·,··. . ' ·:, Senate Joint Resolution No. 7, .'entitled' '. ·.''.Sena.tejqint re$olution, in relation: to. the employment of ~ounsel!?: · ,\ Mr. Abbott, from the Committee.on Enrolled Bills, repo;t~d as duly and correctly, enrolled.and ready fqr the signature of the President of the-Senate, the ,following·Senate joint,resolutfon: · ·

Senate Jqint :Re.sol~tion No ...I,, entitled i '.'}i>int_resolutionauthorizing.appointm,ent ofjoint committee to notify the Governor of orga:nizatio11 of General Assernbly..''

Mr. Abbott, from.the Committee ori Enr.olled-Bills,,reported as duly and correctly enrolled and ready for the signature of the President of the Senate;,th~ following Senate bill;. : / · . 136

Senate Bill No. 3, entitled

, "An:act to divert into the general fon'd certain·moneyS Which hild accumulated in the school fund prior to the passage ofthe present school law." ··

Mr. Brasure gave notice th.at on to..:morrow or some future day he would ask leave to introduce a bill,

Senate Bill No. IO, entitled

"An act authorizing the State Treasurer to pay over to the SchooLCommissioners of United Districts Nos. 32 and rn8 in Sussex County, consolidated under the title of 'The Selbyville Public Schools,' for the use :cif the district, certain moneys to which said district is entitled irnder the provisions of an act of the General Assembly, entitled 'An act to consolidate School Distri~ts Nos. 32 and 108, in Sussex County, under the title of 'The Selbyville Public Sdiools' " · ·

Mr.-Sfieppard, Clerk of the House, being admitted, presented . for the signature of the Speaker of the Senate, the following duly and correctly enrolled House joint resotutions, the same having been signed by the· Speaker of the House:

· '1Hot1se joint resolution iri regirds :to the· appointment of a joint committee to settle wi~h the State Treasurer- a.nd State Auditor." ·,rU''Hdhse··joiht t'esoiution at:1thorizing the appointinertt· · of a . joint committee of two on :the part of the Senate and three on the part of the House to settle with the Secretary of State and . clerks of the Senate and House of Repfesentati'vesJ' ·

· Mr: Merei:lith, frort1 the Conimittee on Inc~.rpofations, to 'wlfom had been referred the' bill;'' '

·Senate Bill No; 4, ·entitled

"An act regi.ilating the disposition of the fttnds a.nd effects of I

,'137

Unincorporated associations for, ben~volertt, charitable, or ,bene-· 'I ficial purposes, organized. under the warrant or charter of a par ent association, upon the dissolµtion,: ~ttrrender ~r yacation of said warrant or charter," ' . ' ,, ' ' ' ' ' ' ''

I: . , . ,. ,· ·• . , , , Reported the samewith favor:~ble recommendation.· ' . . ' . " On m:ption of Mr. Meredith;' ~he biU.jt,st repo:rted ' > ,,., - ' .. • ,; •'. '' :' '' ,,,,; Was taken up for considerc!,tion, • >' < ,' ' • • ' C A:nd,· on his ·further motion was read a third tfme by .para- . graphs in order t9 pass the Senate. · '· On: the question, "Shall this bill. pass the Senate?" i -·.·

The yeas dnd nays were ordeted,which, being taken, ~ere as follows: Yeas-,-Messrs. Abbott, Allee, Blakely, Brasure,· Farlow, Hart, Knox, Le'o/is; MauJ}; McFarlin,.Meredith; Mo9,re, Penne will,Pyle, Slaughter and Mr. President pro tem-16.

Nays--None: So the qµestion was decided in the affirmative, .. ' " ':· J\nd-tl-).e_bill having rt!ceived, ~he required c6nstitutfonal ma-· jority; ' ' . '' ' ' ' ' ' . ' ': ' ' . ' Pass~a '.the Senate.: /

·.'Ordered to the Hoi.1sefor concurrence. . ' Mr. Slaughter, from the Committee on Printing;· t~ whom had been referred the House joint resolution entit1ed I "Haus~ joint resolution providing '£cir~-j~iJ~ c~tti~it0te~ of the Senate and House of Representatiyes on Printipg,',' •·

R~p<:>rt~<:1the -sanie -w:itho:tit.r¢~omiµ~nd~t~9p1,;. 138

· •On motion •ofMr. Sfaughter the billjust reported

Wastaken up for consideration,

And, -on his, further motion W?S. read a, ~hird time. by para- graphs in order to pass the Senate. · ·

On the question, "Shall this resoiution be conct~rre1d in?" .

The yeas and nays were ordered, which, being t~ken, were as follows: ·

. ' Yeas-Messrs. Abbott, Allee, Brasure, Knox, McFarlin, Pennewill_:__6.

Nays-Messrs. Blakely, Farlow, Hart, Knox, Lewis, Maull, Meredith, Moore, Pyle, Slaughter and Mr. President pro tern -I,O.

So.the questio'n was decided in the negativ'eJ

· And the resolution not having received the required constitutional majority, · · ·

Was not conctirred in.

Ordered that the House be informed thereof and the bill. re , t.urned to that body.

Mr; Lewis offered a Senate resolution ''Authorizir1g the Sen ate. Committee on Printing to advertise for bids for printing of 'the Senate," · · · · · · · ·

·which, .on his motion,. Was read.··

. ~~ the questfo11; ''Shall this re~olution pass the Senat~?'' 139

The yeas and nays were ordered, which being taken, were as . follows: · ·

Yeas-Messrs.' Blakely, Farlow, Hart, Lewis, Maull, Mere dith, Moore, Pyle, Slaughter and Mr. President pro tern-·· IO.

·Nays-Messrs. Abbott, Allee, Brasure, Knox, McFarlin, Pennewill-5. · ·

So the question was decided i~ the affirmative, . . . And the resolution having received the required constitu tional majority, Passed the Senate.

Mr. Sheppard, Clerk or the H~use, being adniitted, returned to the Sen.ate the_ following duly and correctly enrolled Senate joint resolutions, the same having been signed by the Speakers of both' Houses: •

"Senate joint resolution in relation to tp.e employment " of counsel." "Senate joirit resolution appointing a joint· committee to examine and audit the accounts. of the State Librarian and settle with him." · ·

Also Senate Bill N ci. 3, entitled . . "An act to divert into the.general fund certain moneys which. had accumulated in the school fund prior to the passage of the present school law." ·

On motion of Mr. MattU the Senate adjourned ·to meet to morrowat II o'clock, A. M. -140

•:. . ~.,;' , L .. •.'

,,.:,·, ,,::-.' Tuesday, January I7, I899-I I o'cl~~(A~- iv.[ . . ·...... ' . . . ·,, ,·. ' > ! ;•; '. ; . 't" ! • ' ' '. ; : : ' : : . ·~: • ' / I ,I ' • > • < ! i ..; :'-: .f ) :- ', Senate met pursuant to adjournment ..·

'':'i.,.' ;', Prayer by the Chaplain. ,·. R~li ·:c~ii~di. : i-1:embers· present-'--Messrs. Abbott, ' Allee, •Blakely, :Brasur.e,.fado~;I;Iart, Knox, Lewis·,. lVlaull; Mcfar l~n, Mere.dith, ,MO(?fe, Penn,ewill; :f.yle, :S1aug'1ter,.: and: Mr. P_resident pi;-oy~~- , .· · , , , · .. : .. . ,,. ,; · •. ,

Journal read and approved. Mr. Abb~tt, from th~ (ommittee ~11-Enr~ilelBi11s;1:eport~d as duly and correctly enrolled and ready for the signature of the .Presi?~nt, of· th:, ~~-nat~,:t~,eJoU.<;>wi11g, H()~ 7~_j~in~. res.oh1tions: >"}..: i··-::. ,. t,: 11·;.i;. i , r.:< ··1 ;.: ;,i ··.t! ;·1•::/1.'-.~ ·.'·;; , ,_,: L ·.< ;": ;,. · House Joint Resolution No. I, e11titled : ( ->•- "House joint resolution i11.reg~i;-cl;tothe:·:appoirttment_of a joint committee to settle with ilie State Treasurer and State Auditor/', .._,,:-', ··.: ,::'.:''

t ~ • ; • ' • ! . : : • '

'1.'·." ,i;••, ·:.'.,_

. : ''Houser-Joi~tj re,sqlutio11.auth0r;i,;;i11g,·~l).e appoint1ni=nt ••of a · · · joint committee of two on the par~ .of th_e Sen,ate. and three .qn the part of the House to settle \\;ith the Secretary of State and. Clerks of .the Senate and House ofRepresentatives."

I Mr. Abbott gave notice that 'on to-morrow -or some futnre day he would ask leave to introduce a bill 1 .' ·, . 'senate BifrNo. I4, entitled ..

aAn act in relation to peddlers' licenses with1n the dty

Mr. Knox gave notice that on to-morrow 'or some future day . .he would ask leave to introdu~e ct pill,

Sen;ite Bill No. I I, entitle.cl . " . :,, . "An act'in relation' to the colle~tion of taxes· for Ne,v Castle County."

Mr. Hart gave notice that on to-morrow or some futhre day he would ask leave to introquce ct bill,

Senate Bill No. 12, entitleq .

"An act to enable the Governor fo appoint 'an· a:dditioiiaf No tary Public,: in New Castle County for Appoq11inimink .Hun- dred." · · · · · · · • · · •·•

On motion of Mr. Meredith the bill, ·.,

Senate' Bill No. 9, entitled··· "An actto amend Chapter· 49, Volume 2:r, Laws ·of Delf ware, by providing an Enrolling Clerk for each hOuse of the General Assembly," · · ·

, Was taken up and re~d a· first time.

And, on· his fi.1rthe1"·motion Rule 14 \\"as 1511spended'a~ to ,vits . bill : ...... ·...... ; .. ' ' . . And the hill.was read a seco~dtime by title' and ·. ·

Referred to the Co'nirriittee on Revised Statutes. ·

Hon. James: H.: 'Htighes being admitted, retrttned Senate 142

' JOJ.ntresolution in relation to employment ·Of COUll~el;.togetl,ier with th~ Governor's veto and reasons for the same; ·

·Wliich; on ~otio~,

, ,Were read as follows:,.

To the Senate of the State of Delaware ..

The joint resolution which has be~O:ad-~,pted by both h~~~es of,the GeneralAssembly and been.presented·to me,,entitled

"Senate joint resolution in relation to the employm'ent of counsel/'. . : ,

.Being Senate Joint Resolution No. 7, Has been carefully considered by me and I now retu~n _itto · the. Senate with the, following objections:·.·

This resolt1ti6n provides for the e~ploymeni: of the cou~sels for the General Assembly. · To prepa~e such law a~may be.necessary to meet the reqµire-. ments of the new Constitution, and also tq prepare such _qther laws as the General Assembly may request, the compensation of,such counsel is1to be fixed by the Committees on Claims at tlie adjourned ;session of the General_ Assembly; ·

In 1898 it was thought necessary to ~ave a commi~si~n of · Counsel to prepare the b!lls .made :necessary ,by .the n.~\;VConsti tution and such commission was employed arid liberally paid . fpi such w.ork. ,:T4e ,employment. of so many' c.ounsel th.en and the unusual expenditures of money in their compensation .was · considered the necessity of an extraordinary condition and can not be used as.precedent for the pres~t action •. While I:ha,ye no desire to interfere with the rights of the General .Assembly to provide its n;ie1,11~erswith all necessary information a11d advice · concerning the measures which may require their attention, yet J mus.t q.eclj11eto giventto any action that wilUead. to an unriecessary expenditure of the moneys of the State. l .arrt unable to see any good reason for the employment of such a number of .counsel atthis ti'me, and feel it my duty to withhold from this resolution my approval, and .I therewith return it to the house where it originated. · Signed, EBE W. TUNNELL, · January r7, r899. · Governor.

The hour of r2-o'd6ck having arrived;

On motiori the ·Senate proceeded by rising and vive voce vote to choose' a United States Senator to represent this State in Congress.

The Clerk was ;directed to call tlfr roll ofthe Senate,

And the members, as their names were called,

Responded by viva voce vote, as follows, viz:

.Mr. Abbott, of the Senate, voted for John Edward Addicks.

Mr. Allee, of the Senate, voted for John Edward Addicks.

Mr. Blakely, of the Senate, voted for Wm. S. Hilles.

Mr. Brasure, of the Senate, v,oted forJohn Ed~ard Addicks.

Mr. Farlow, of the Senate, V()ted for George Gray.

Mr. Hart, of-the Senate, voted for George Gray.

Mr. Knox of the Senate, voted for Henry Ai DuPont:: • Mr. Lewis, of the Senate, voted for L. Irving Handy:•.·

Mr. M_~ufl,of the Senate, voted for George Gray.

Mr. McFarlin, of the.Senate,1voted for Wm. S. Hilles. 144 Mr. Meredith, of the Senate,.voted for George Gray. · -

Mr. Moore ofthe Senate, voted. for George Gray ..

Mr. Pennewill, of the Senate,. voted for John Edward Ad dicks, Mr. Pyle, of the Senate, voted forJohn G. Gray: Mr. Shakespeare, of the Senate, was absent,

Mr, Slaughter, of the Senate~ voted for George Gray. ,·

Mr. President, pro tern, of the Senate, votel for George Gray.

The vo,te as above ascertained having been annpunced ~s follows:

For John Edward Addicks, four votes. For George Gray, seven votes.

For Wm. S. Hilles, fwo votes.

For Henry A. DuPont, one. vote. '. For John G. Gray, one vote; For L. Irving Handy, ~ne vote. The President ,pmtern pore thereupon ann~unced that There had been no choice for a United States Senator on the part of the Senate.

On motion of Mr. AbbotfSenate took a recess,uritil 3 o'clock P.M. ,145 ·

. Same. Day-3 .o'~lock, P. M.

Senate met pursu~nt to. adjo1;1rnmen.t..... Mr. Farlow gave notice tha.t on .to-mo,rrow or sqme ~uture day he would ask leave to 1ntroduce a bill,··.. . · · · Sen~te BillNo,: 13, entitled "An act to amend Chapter··I93, Volume 17, Laws of Dela ware, in rC'!lationto the town of Laurel."

On motion of M;r.. 'Knox, the )Jill;· . Senate Bill No. 6, entitled·

"Anactto renew the charter of the Pusey & Jones Company, of Wilmington, Del.," was taken up and read afirst time. And, on his further motion Rule 14 was suspended as to this bill, And the bill wa~ read a· second time by ·title arid·

, Referred to the Committee on Incorporation's,

01,i .motion of Mr.· Knox, t~e. bill, · · · Senate Bill No. '7, entitled ·

1'An act to renew the charter of the, General Steamship Com-· pany," · · · · · · · · · · · · · ..

Was taken up and read a fir~t tim~. And, on his further m~ti·o~ Rule ~4-;as ~·uspe~d~d ;s"t~ thi~ bill, . . . . . ioS I~·./ l ' \ · ·· And the bill was read a second time by title and

· Referred to the Committee on Incorporations.

· The following communication was received from his Excel-,-· lency, the Governor:

THE STATE OF DELAWARE, Executive Department. Dover, January I7, i899. To the Honorable, the Senate of Delaware: Gentlemen: In conformity with the Co~1stitution and Laws I have the honor hereby to nominate and appoint for the con sent and confirmation of the Senate, Charles T. Purnell to be a Justice of the Peace in and for Sussex County, resident at Georgetown, for the. term of four years from the seventeenth day of January, A. D., 1899> EBE W. TUNNELL,' Governor.

Mr. Slaughter, from the Committee on Printing, to whom had been referred the bill,

House Bill No. 8; en:titled

aA1{ac~ prescribing regt'tlations for doing and fttrnishing all printing to be used by the present session of the General As- sembly," ·

• . - . ' I Reported the same with· amendments.

On motion of Mr. Slaughter

The amendments were read as follows:

Amend the bill by striking out all of the said bill after the en.:. acting clause and by inserting in lieu thereof the following: · 147

Section r. Thatall printing required to·be furnished and used by either House of the present session of the General Assem- 6ly, shall be under contracts made by the Committee on Print ing of each House respectively,, ·each of which said committees is hereby a~thorized c1;nd.directed to make such a contract with · the lowest rpponsible bidder or bidders therefor. · ·

Section 2. That each of said committees ..on printing is here:.. by .authorized and directed to forthwith advertise at least three times in two daily newspapers published in this State, for sealed proposals or bidsin writing to do all.the printing that may be required for the use of the House· appointing $aid committee during the present'session of the General Assembly. Said bids or proposals shall be in writing, and shall be securely sealed and delivered. to the. committee ·on printing· aforesaid. advertising , therefor, at Dover at the, time and place stated in said advertise·· ments respectively. ' ·

Said bids or proposals shall be made for such prjnting by the page, a :page to contain at least twenty lines with .ten words to . the line on the average; each line of every section of every. bill or act printed shall be numbered from r upwards beginning with th~ ,first line of each section thereof, and shall be printed in long primer or ten point type. The· maximum price for each page, when: five hundred copies or less are ordered, shaU be cine · dollar. When a cover is placed on any such printed matter only two pages shall be paid for. The frontpage or the cover; when one is furnished, shall have printed thereon the number of thf; .·bill, whether a Senate or House bill, and the title of the bill. · Section 3. That said seve.ral c6mmittees on.printing shall-se lect the pape_rto be used in the printing aforesaid and each shall state in said advertisements respectively the kind and weight of paper required, and each of said committees shall also designate ,the manner in which the matter to be printed shall be bound.

The lines of all printed matter, other than Bills· or Acts, shall or shall not be numbered, at the .option of the committee order ing the same, and all printed matter other than Bills or Acts, shall-or shall not have a·co¥er, attlie option of said committee Ordering .the same, on vyhich said cover, when a cover is re quired, shall be printed such. appropriate title, to be chosen ·by the committee ordering the same, as shall best describe the con:. tents .of the printed matters.

Section 4. The said advertisements shall also state when arid . where said bids will be received and opened, and also that each bidd!=r shall attend, either in person or by a representative, a_t the time and place of ope:riing said bids or proposals. .·· _ . •

Section 5. That all such bids shall be opened by the Com~i~- . · tee on Printing advertising therefor, at the time and place, so advertised, in the presence of the respective bidders or their r,ep- · resentatives, and if any bidder shall. fail fo be present either in person or by a representative as aforesaid, the said committee receiving said bid shall not open said bid but shall reject the same.

If. any of the said bids are opened or the. seal on. q.riy bid is broken then and in such case any and all such bids shall be re.:. jected. · ·

If there is any collusion of any kind whatsoever among,a:ny of the_persons, firms or corporations bidding, the bid' of any,or all-such persons, firms or corpb-rations shall be rejected.

Section 6. That the said respective committees on printing ,s9 advertising for any bid or proposals shall forthwith compare and consider said bids' arid proposals, and shall award the ~on . tract for doing all the printing for the House by which it is' ap pointed to the lowest responsible bidder therefor. Said submis sion of the bid and awarding of the said printing shall. be a ccm- tract. • · · ·

,·. Section 7. Jhat each· of said. Committees on Printing shall name and prescribe the time in which all work is to be done and delivered to the House by which it is appointed at the time when the work is ordered. .

Se~tio~. 8. Thatiri making, anysuch contract it shall .be the,

,, 149 duty of the said successful bidder or bidders to print in the most speedy, accurate, and in· a good and workmanlike manner any and all bills or other matter required to be done by the said Committee on Printing with whom said contract is made; pro- , vided, however, that ·said committee shall not require any such printing to be done, unless the same is ordered by the Ho.use , appointing said committee on printing. •, .. , ' I Se_ction 9; That either of said Committees oil' Printing shall have the right and power to reject any work done if the printing or. binding is not done within the time prescribed by the said committee, or is not done in an accurate and .in a good and workmarilike manner, or the paper used is not oLthe kind· or weight,named aitd selected by the said committee, the loss, if any, to fall upon the successful bidder. · :, · Section ro. If the successful bidder shall, from any cause; be . unable to print the matter desired by the said committee, with in the time prescribed by the said committee or shall neglect or be unableto perform his contract, either in whole or in part, the said committee shall notify the said successful bidder in writing . that the contract is annulled, and said. committee shall at once ' select the next· lowest responsible bidder and award the contract to.such _bidder. ·

If the contract be annµlled as aforesaid for any of the causes aforesaid, then arid in such case· the said successful· bidder shall thereby ;lose any or all 'right 'to remuneration, and shall 11.ave· no right of action for any work done or material or printed mat ter th~retofore furnished.

Section I I. That the successful bidder shallgive bond to the State of Delaware, with good and s.ufficient surety or sureties, to be approved by the said committee on printing awarding such contract with a penalty double the best estimate of the total amount of the contract, to be estimated by said committee, and ,I conditioned for the 'faithful performance of the contract and a. strict compliance with the provisions of this Act, which said. bond sh.all have thereto attached a warrant of attorney for the c.onfession of judgment thi;!reon1 and judgnienf on said·bond , \

· 150

,· . ' shall be entered whenever the satd Committee on Printing : awarding such contract shall consider it advisable. Section r2:. '.That either or both branches of the said General Assembly may·order any bill or matterto be printed when it or they deem it advisable so to do. ·

Section r3. That the said Committee ~n Printing of both Houses respectively shall keep a true, accurate and correct copy of ·all matter printed as aforesaid, and shall report to the said. General Assembly, before the final adjournment thereof, the · amount due the person or persons, firm .or firms, corporation or corporations awarded said contract for printing, which amount shall be allowed by the General Assembly by law, and shall be , pa.id by the Senate Treasurer. ' . ·Section r4. That this Act shall cinly apply to the· present ses"- sion .of the Geri.erarAssembly. · · · · ·

Mr. Slaughter.moved that the·amendinents be adopted. On the question, "Shall this amendmentpasstheSenate?" .··

The yeas and nays were ordered, wl:,ich, on being taken, were as follows: Yec1-s-Messrs. Abbott, Allee, Brasu·re, Farlow; Hart, Knox; Lewis, Maull, McFarlin, Meredith, Moore, Perinewill, Pyle and Mr: President pro tem-r4. Nays-None. · So the question was decided in the affirmative,

, And the amendment having received the required constitu" tionalmajority, Passed the Senate,

' . " . . Ordered that the House. be infi:frmed thereof and the bill re.:. turned to that body. - · · ,' Mr. Maull, 'from ,the: Committee ·On ·Revised Statutes, to wh_omhad been referred the bill,

Senate.Bill No:9; entitled .•

"An act to amend Chapter 49, Volume 21, Law~ of Dela ware, by providing an Enrolling Clerk for each House of the General ,Assembly,"

Reported the same with favorable recommendation:

On moti6n ~f Mr. Maull, the biil j~st reported°

w a,staken up for consideration, .

. . . And, on h.is further motion was read a third time by para:.. graphs in order to pass the Senate. .. ·

On the question,. "Sh'1.11this bill pasl?.the Senate?" The yeas and nay&were ordered,. which, on -being taken, were as follows: · · · ·

I • • ••.. · ·., . :· •• • • ·:, •• , ' • Yeas-Messrs. Abbott, Allee, Brasure, Farlow, Hart; Knox, Lewis, Maull, McFarlin, Meredith, Moore, Pennewill, Pyle, Slaughter ancl~r,. President pi;o tem-:i: 5. · . . . Nays-Nori~.

So the question was decided in the affirmative,

. . , . And the bill having received the required constituti.onal .ma jority, Passed the Senate. Ordered to the House for concurrence.

Mr. Abbott moved that •the Senate. g~ int9 E:ice<;utiveSes-: sion at 3.50· o'clock t<;>-:day, .. •. . " . .· . . ' • 152 The hour of3.50 o'clock having arrived, The Senate proceeded to resolve itself into Executive Ses sion, for the consideration of appointments submitted by his Excellency, the Governor. ·

Senate of -Delaware.

Being convened in Executive Session, purstiapt to the reso lution adopted by the Senate, January r7, r899, The communication from. the Governor was read. On the question, "Does the Senate consent to and confirm the appointment of Chas. T. Purnell to be a Justice of the - Peace in and for Sussex County?" Mr. Abbott offered the following resolution: SENATE CHAMBER. '

Dover, Delaware,. J a.nuary r7, r899. ,

"In Executive Session, Senate of Delawar;,

"Resolved,. That the Senate consent to and confirm the ap'" pointment of Charles T. Purnell to be a Justice of the Peace in and for Sussex County, resident at Georgetown, for the term of four years from the seventeenth day of January, A. D., 1899." \iVhich, on his motion,

Was read.

The Yeas and nays were ordered, wfiich, on beingtaken, were as follows:

Yeas-Messrs. Abbott, Allee, Blakely, Brasure, Hart, Knox, · Lewis, Maull, McFarlin, Meredith, Moore, Pennewill, Pyle, Slaughter and Mr. President pro tem:-r4. · 153 ·Nays-:--None. So the question was decided in the affirmative, And the r~solution having received the required constitt1·· tional majority,

Was , Adopted .. The Se~ate.being reconvened in ·regular session,

On motion of Mr. Meredith, the bill,

Senate Bill No. 8, entitled ·

"An act to repeal Chapter 478, Volume 20, Laws· of Dela.:. ware, being an act in relatibn to the confirmation of the report of commissioners appointedto lay out a ditch near Blackiston's cross roads, Kent County, Delaware," · ·

Was taken up and read a first time.

And, on his further motion Rule 14 was suspended as to this bill, . . . And the bill was read a second time by title .and· .

Referred to the,Committee on Revised Statutes. ' .

· On motion c:ifMr. Abbott the Senate adjourned until II , o'clock, A. M., to-·morrow. 154

Wednesday, January ,I8, ·1899-n o'clock, A. M. ' ' ' ,Senate met pursuant to adjournment.

Prayer by th~ <:;:haplain. Roll calfed. Members present-Messrs. Abbott, Allee; Blakely, Brasure, Farlow, Hart, Knox, Lewis,, Maull,· McFar lin, ·Meredith, Mbore; Pennewill, Pyle,,Shakespeare; Slaughter· and Mr. Pr~sident pro tern. . . · .

Journal read and approved. Mr. Kno:X:moved that the Senate reconsider· the resolution authorizing the. employing of counsel. , .·. On ·the further motiori of Mr. Knox the resolution, with the Governor's objections to the: same . ·

Was read and . Adopted. It having received 'more than the ·three-fifth vote of all the . elected members-of the Senate or required vote to pass over: his· "veto;

On motion of Mr. Hart, the bill,

Se~ate Bill No. 12, entitled ''Ah act to enable the Governor to apppint an· additional No tary Public h1New Cast!~ County for Appoquinimink Hun-· dred·" . · · · · . . I ' . . ' . ' ' .... •"· ~' ·155 '

Was taken up and read a _firsttime. . . ' And, on his' further motion Rule 14 was susperi.ded ~s to this ~L .

And the bill was read a second time by title and . ' . ' .

Referred to the Committee on Judiciary.

The hour of.12 o'clock, M, having arrived,

The Senate, preceded by the Pres.ident pro tern and attended by the Clerks and Sergeant-at-Arms, proceeded to the hall. of the House of Representatives, for the purpose of vot~ng for a U. S. Senator, in obedience to the act of Congress, entitled . • I "An act to regulate the time and manner of holding elections for Senators in Congress," passed July 25th, 1866.

The Clerks were directed to call the rolls of the respective houses, and the members, as tµeir names were called, · Responded by viva voce vote, as follows, viz; ..

Mr. Abbott, of the Senate, voted for John Edward Addicks.

Mr. Allee, of the Senate, voted for John Edward Addicks . .· , . ·Mr.Blakely, of the Senate, voted for Wm. S. Hilles.

Mr. Brasure; of the Senate, voted for John Edward Addicks .. . . '. Mr. Farlow, of the Senate, voted for George Gray.

Mr. Hart, of the Senate, voted for Gee>rge Gray.

Mr. Knox, of the Senate, _voted for Henry A. Du~ont.

Mr. Lewis, of the Senate, ".:oted for L. Irving Handy. 156

I Mr'. Maull, of the Senate; voted £pr George Gr~y.

Mr. lV.J:c:Farl~n,of the Senate, voted for Wm. S. Hilles. · Mr. Meredith, of the Senate, voted for George Gray . .Mr. Moore, of the S~nate, voted for George G;ay. Mr. Pennewill, of the s~~ate, vot.ed for J~hn Edward'Acldick;

Mr. Pyle, of ~he 'senate, v~ted for L Irving Fr°and'y. I

' f ' • Mr. Shakespeare, of the Senat~, voted for Henry A. DuPonL :;t\1r.Slaughter,·of the Senate, voted for George Gray. Mr. P~esident pro tern, of the Senate, voted for George Gray.

Mr. Buell, of the House, voted for John Edward Addicks ..

}4r. Burns, of the House, voted for,Henry A. DuPont.· Mr. Clark, of the House, voted for L. Irving Handy. ·Mr.· Conaway was absent.

Mr. Cottingha~, of the House, voted for George Gray.

Mr. Davisi of the House, voted f~r John ~dward Addicks. Mr. Dennison, of the House, voted for He~ry A: DuPont. Mr. Donahoe, of the House, voted for George Gray.

I • . Mr.·Donovan, of the House, voted for George Gray. ' . Mr. Ewing, of the House, voted for Henry A.DuPont: , Mr. Faries, of the Haus!=!,votedJor John Edward Adc:licks. .t517.

Mr. Frazier;: of the House,' voted. for John Edward Addicks. Mr, Frizz'ell, .ofthe House, voted for Henry.A. Du·Pont. Mr. Hazia:t7d;·of the House, voted for Henry A. DuPont. Mr. Hering, of the House, ·voted for John Edward Addicks. Mr: Hitchen, of the House; voted for Henry. A. DuPont . . Mr. Hunter, of the H:ouse, voted for John Edward Addicks. ' Mr. Hushebeck, of the House, voted for John Edyvard Ad- dicks. · ·

Mr. Jenkins, of the House, voted.for John Edw:u-d Addicks. Mr., Jester, of the House, voted for L. Irving Handy. Mr. King, of the House, votec:i'for George Gray. ' ' Mr. Lattomus, .of the House, voted·for Henry A. DuPo_nt. , Mr. McNulty, of the House; voted for George·Grai<

Mr. O'Day, 0£ the House, voted for John G. Gray. Mr. Pilling, of the H~use, was absent. Mr. Robertson, of the .House~.yote.d for Henry A. DuPqnt. Mr. Rose, of the House, voted for George Gray.,. Mr. Satterfield, of the House; voted for. John:Edward Ad dicks. Mr. Shallcross,. of the: H~.t~se,voted for.George Gray'..

Mr. Short, of the.House, vot~d for John Edward.Addicks. 158

Mr. Taylor, of the House, voted for L. Irving Handy.

Mr. Tharp, of the House, voted for John Edward Addicks.

·Mr. Wagamon, of the House, voted for George Gray.

Mr. West, of the House, was absent.

Mr. Speaker, of the House, voted for Henry A. Du~ont.

The vote as abov·e ascertained having been announced as follows:

For John Edward Addicks, fifteen votes.

For Wm. S ..Hilles, two votes.

For George Gray, :fifteen votes .

. For John G. Gray, one vote.

·For Henry A.DuPont, eleven votes.

For L; Irving Handy, five votes.·

The President pro tern of the Senate declared that no person · having received a maority of all the votes cast for United States Senator,

There was no election to said office.

The joint meeting proceeded to another ballot,

On'motion of Mr. Donahoe of the House,

Th'e Clerks were directed to call the rolls of the respe'ctive houses, and the members, as their names were called, \ Responded by viva voce vote, as follows, viz: 159

' ' Mr. Abbott, of the Senate, voted for John Edward Addicks. Mr. Allee, of the Senate; vofedfor John Edwai;-d Addicks. Mr. Blakely, of the Senate, voted for Wm. S. Hilles. _-

Mr. Brasure, of the Senate, voted for John Edward Addicks.

Mr. Farlow, of the Senate, voted for George Gray. Mr. Hart, of the Senate, voted for George Gray.

Mr.-Knox, of the Senate, voted for Henry A. DuPont. Mr.Lewis, of the Senate, voted-for L. Irving Handy.

Mr. Maull, of the Senate, voted for George Gray.

Mr. McFarlin, of the Senate, votedfor Wm. S. Hilles.

Mr. Meredith, of the Senate, voted for George Gray. Mr. Moore, of the Senate, voted for George Gray.

Mr. Pennewill, of the Senate, voted.for John Edward Addicks

Mr. Pyle, of the Senate, voted for L. Irving Handy. - . ' Mr. Shakespeare, of the Senate, voted for HenryA.DuPont.

Mr. Slaughter, of the Senate, voted for George Gray.

Mr. President pro tern, of the Senate, voted for George Gray.

Mr. Buell, of the House, voted for John Edwara Addicks. , Mr. Burns, ~f the House, voted for Henry A. DuPont.·

Mr. Clark, of the House~ voted for L. Irving Handy. l60

; Mr. Conaway was absent.

Mr. Cottingham, of the House; voted for George Gray·.

Mr. Davis, of the House, voted for John Edward Addicks.

\ 'Mr. De"nnison, of,.-theHouse, voted fo:r Henry~- DuPont.

Mr. Bonahoe, of the Ifouse, voted for George Gray. I Mr.Dono~an; of the House, voted for Ge

Mr. Frazier, of the House, voted for John E~ward Addicks.

Mr. Frizzell, of the House, voted for Henry A. DuPont.

Mr. Hazzard, of the House, voted for Henry A. Du~ont.·

Mr. Hering, of the House, vote_d for John Ed_ward Addicks.

'Mr. Hitchen,.of the Hciuse, voted for Henry A. DuPont. . I Mr. Hunter, of the House, voted for John Edward Addicks ..

- .·Mr. Hushebeck, of the House, voted for John Edward Ad- dicks. ·

Mr. Jenkins, of the House, voted for John Edward Addicks ..

. ' Mr'. Jester, of the House, voted for L. Irving Handy.

Mr_.King, of the House, voted for George Gray.

· Mr. Lattomus, of the House, voted for Henry A. DuPont. · Mr. McNulty, of the House,, vo_tedfor George Gray. 161.

Mr. O'Day, of the House, voted for John G. Gray.

Mr. Pilling, of the House, was absent.

Mr. Robertson, of the-House, voted for Henry A. DuPont.

Mr. Rose, of the House, voted for George Gray.

Mr. Satterfield, of the House, voted for J ()hn Edward Ad- dicks.

Mr. S~alkross,.ofthe House,' voted for George Gray.·

Mr. Short, of the House, voted for John Edward Addicks.

Mr. Taylor, o_fthe House, voted for L. Irving Handy.

Mr. .Tharp, of the House, voted for John Edward Addicks.

Mr. Wagaman, of the House, voted for George Gray.

Mr. West, of the House, was absent. I ...... Mr. Speaker, ofthe House, voted for Henry A. DuPont. The vote as above ascettained l1aving been announced as follows:

< j -· For John Edward Addicks, fifteen votes.

For George Gray, fifteen votes.

For Henry A. DuPont, eleven votes.

For Wm. S. Hilles, twd v·otes;

For L. Irving Handy, five votes~ ·

: For John G: Gray; orie v'ote.· nS -The President pro tern of the Senate declared that noperson having received a maority of all the votes cast for United States Senator,

Thei;e was no election to said office.

On motion of Mr. Meredith, of the Senate, the two houses separated, · · '

And the members of the Senate returned to their chamber. - . . On motion the Senate took a recess until 3 o'clock, P. M.

_Same Day-3 o'clock~ P. M.

Senate met pursuant to adjournment.

Mr. F,arlow gave notice that on to-morrow or some future day he would ask leave to introduce a bill,

Senate. Bill No. 15, entitled

"An act in relation to the Levy Court of Sussex County."

Mr. Hart gave notice that on to~morrow or. some futur~ day h,e would ask leave to introduce a bill, . ·

Senate Bill No. 16, entitled , "An act to amend Chapter 39, ;Revised Statutes, concerning . religious sociE'.ties." 163

• • I , • : ·Mr;. Shepparo, Clerk of the House, 1:>eingadmitted, informed the Senate that the House haq.passed and requested the con-' currence of the Senate in the following bill: · ' ·

. House Biil 'No. 4, entitled "An act authorizin."g the G~verno,r to ap'poinf a Notary Pub lic for the office of Geo. C. Maris. & Son, of Wilmington, Del.," · . ' . . .. '\ , .. ' ,. And presented the same to the,Senat~. ·: ... , .. ," , .. ,, :Mr. Abbott offered .thefollovving reso~utioi;i: . ,· . . " . ' . , . '·. . ' Which, on his motion,

Was read. · "Be it.tesolved by the Senate that the Clerk of the ~;enate is. hereby instructed an~ authorized to procure for th~ use,ofth·e members and officers twenty-five copies of Reeq.'s Rules and

Manual of GeneralI. Parliamentary Law.'!·. •' On further motion of Jv.fr:Abbott, The resolution was . Adopted .

. On motion of Mr. Brasure, the bill,

Senate Bill No. :i:o,entitled "An actautho~izing' the State Trea~tirer '1:~·pay ~~~r t~:the schodl commissioners of United School Districts Nos. 32 and 108, in Sussex Coi;mty, consolidated .under the: title of 'The. · Selbyville Public Schools,' for the use of .the districts; certain moneys to which said districts are. entitled under the provisions of an act of the GeneralAssembly,, entitled 'An act to co·nsoli date School Districts Nos. 32 .and 1e>8,~n Susse:x; Cot~nty, under the title of 'The Selbyville Public Schools.' " Wa~ take~ up ~~ciread a .first.'time~: And,bn·4i1d~rther motion.Rule 14 was suspended as to this bill, . ' ' : . ' ' .

And the bill was read a second time. by title and.

'Referred to the Committee on Finance.

On motioti 6fMr. Abbott, the bill,

Senate Bill No. 14; entitled '

"An act i.n ielation. to peddlers' .license~ \\Titlifofhe city' of Wilmington," Was taken up and read a first time; .

And, on his further motion Rul.e 14 was suspended as to this bill, '

And the bill ~as read a secondti~e· by title and. ,

Referred to the Committee· on Cities apd; To:yvns'.

. Mr, Meredith, from the Committee· on Incorporations to whom had been referred the bill,

Senate Bill No. 6, entitled

"An act to renew the charter of the Pusey & Jones .Com- .i:>ariy," '' ·. · · ·

Reported the sa~e with fa;drable recommendation. Ori motion of Mr. M~redith, the billjust repo:rted · · . ' . ., - " Was taken' up for.coi:tsider'ation,· . And, onhis further rriottqn was read a third time by para-·· graphs in order to pass the' Seriate. · ' · l65 . On the questio11, "Shall this.oill pa.ss.the Senate?" . · The ye~sand·~~ys'wei-e ordered, which,.on being tak~n;· w~r;e 'as follows: · · · · . · · · ·· . ·

Yeas~Messrs. · Abbott, Blakely, Brasure, Farlow,· ·Hart, Knox, Lewis, 'Maull, .McFarlin, Meredith, Moore, Pennewill, Shakespeare, Slaughter and Mr. President pro tem-15. · Niys~None. So thequ~s~ion wa.5decided in the affirmative, And the bill having ;~c~i~~lth~ req.uired ·c~~~ti.tution;{ma ority, . · . Passed ·th~ Senate .

. Ordered• .. ,,,., . to :the.. . House. . '. for. ,·concurrence . .. Mr. Meredith, from the Committee on Incorporations to ~hqm had :been referred the bill, · ... Senate Bill :No_:.7, ep.title,d,

/ "An act to renew the charter of the General Steamship Com- , pany," ·· · · ·

Reported the same: with favorable r~commendati~i:i. On ~otion ofM:r: Me~edith; the hill j~st r~pbrt~cl · .• . \. Was taken up for consideration,· ' . . ' . And, on. his further moticin w;s ·read a 'third time bypara- graphs in order to pass the Senat.e. . ., . .. On the question, :'.Shall this bill pass _the:$enate?.'.' . ' • • • '~ • • :' , • I . , ' • ' • • • The yeas and nays wer~ orderecil ~hich'Ion'b~i~gtake~,·were as.follows; · ',., . . :.: 166

Yeas-Messrs. Abb~tt, Blakely, Brasure; ·Farlow,· Hart, K.nox, Lewis, Maull, Mc;Farlin, Meredith, Moore, Pennewill, Shakespeare, Slaughter and Mr. President pro tem-'-15.

Nays-:-None. ' ' . . . So. the question was decided in the affi'rrnative,

And the bill having received the required constitutional ma ority, Passed the Senate.

Ordered to. the House' for concurrence. Mr. Moore moved that the Senate go into Executive Session . at 4.ro o'clock, P. M., January 18. . . · The yeas and nays were ordered, which, on being taken, were as follows: . . . . . ' . . Yeas-M~ssrs. Abbott, Blakely,· Brasure, · Farlow, Hart, K.nox, Lewis, Maull, McFarlin, Mer,edith,. Moore, Pennewill, Shakespeare,. Slaughter . and Mr. President pro tem-15. · · Nays-None;

So the question was decided in the affirmative,

And the hour for going into executive session

\i\Tas fixed at 4.ro o'clock.

On motion of :Mr. Farlow the bill,

Senate Bill No. 13, entitled . "An act .toamend Chapter193; Volume 17,' Laws of Dela- ware, in relation to the. town of Laurel," ·

Was taken up and read a first time. J67

. . .And, on his further motion Rule 14 was" suspended as to this hill, And the billwas read a second time by title and Referred to the Committee on Revised Statutes.

The h~ur of 4.ro o'clock having arrived,

The Senate proceeded to resolve itself into Executive Ses sion, for the consideration' of appointments submitted by his Excellency, the Governor,

Senate of Delaware

Being convened in Executive Session, pursuant to the reso lution adopted by the Senate, January r8, 1899,

The communication from the Governor was read.

On the question, "Does the Senate consent to and confirm the appointment of Roman Tammany to be Superintendent of Free Schools in and for Sussex County for one year from the 12th day of July?"

Mr. Moore offered the following· resolution:

SENATE CHAMBER.

Dover, Delaware,January r8, 1899.

"In Executive Session, Senate of Delaware,

"Resolved, That the Senate consent to and confirm the ap pointment of Roman Tammany to be Superintendent of Free Schools for Sussex County for the term of one year from the 12th day of July, A. D., 1898."

Whkh 1 on further moti9n 9£ Mr, Moore 1 168

-Was read. The yeas and nays were ordered, which, on being taken, were as follows: · ·

Yeas-Messrs. ;L~wjs, Maull, Meredith,. Slaughter and Mr. President pro tem.-5. . . ·. .. , . - ..

Nays-None.'. So.the question was d'etided in the negative; · · It having failed to receive the required three-fifths·vote 'of all the elected members of the Senate. ·

On motion the Senate adjourned until II o'clock, A. M., to morrow. Thursday, January 19, 1899-n o'clock, A. M.

. . . Senate met pursuant fo adjournment.

Prayer by the Chaplain. Roll called,.. . Members present-· ·.Messrs.· Abbott, Allee, Blakely, -Brasure, Farlow, Hart, Knox, Lewis, Mc1,1,1ll,McFar- · lin, Meredith, Moore, Pennewill, Pyle, Shakespeare, Slaughter, and Mr. Preside11t pro te:1,11. · ·

Journal read and approved. On motion of Mr. Hart, the bill,

House Bill No. 4, entitled

"An act authorizing the Governor to. appoint an additional Notary Public for the office of Geo. C. Maris & Son, of Wil- mington, Pel.," · '

Was taken up and read a first time.

And, on his further motion Rule 14 was suspended as to this bill, . .

And the bill was r~ad a se~ond time by title and ' ' Ref erred to the C::on!mitt~e.on, J~di~jary, ·

On motion of Mr 1 ~art 1 the biU, Senate Bill No. 15, entitlecJ. 170 "An act to amend Chapter '39, Revised Statutes, concerning · religious, societies,"

vVas taken up and re<;1,da first time.

And, on his further motion Rule 14 was suspendeci' as to this bill,_

· 1\nd th~ bill was read a second tirne !=>Ytitle and

Referred to the Committee on Revised Statutes .

. Mr. Sheppard, Clerk of the House, being admitted, inform,ed the Senate that the House had proceeded fo reconsider the vote on Senate Joint Resolution No. 7, entitled_ . "Senate joint resolution in relation to the emplo'yinentof counsel," ·

And had adopted the said joint r~solution, .

~ otwithstanding the veto of his Exci;l!ency, the_(:;overp.or:. A11dreturned the. enrolled copy of tJ1e joint r~solution to the Seric;ct;e. : ' : . · · ' . · · ·· . · · ·· : '. · . _

Mr. Kn~x, from the Committee on Judiciary, to: whom h~d been referred the bill,

S~nate Bill No. ,r~, entitled

. . ' J ' . ' . . "An act to enable the Governorto appoint atJ.additional No- tary Public for N~w Ca,stle County for Appoquinimink Hun.:.· c.lred," ·· ,.

Reported the s~me witl-i favorable i.-·ecommendatfon; ' . . 'On motion of Mr. Knox th~ hilijust reported I - ' Was taken up for consideration( 171 .: And, on' his further· motion was ~ead a thi~d time by para- graphs in order to pass the Senate.· · · · '' On the question, "Shall this bill pass the Senate?" .. , . ,· . The yeas and nays were ordered, which, on being taken, were as. follows: ' ' ' '

yeas-· Messrs. Abbott,' Allee, Blakely, Brasure, Fa~low, Hart, Knox, Lewis, Maull, McFarlin, Moore; Pennewill, ·Pyle, . Shakespeare and Mr. President pro tern-·. 15. ::. Nays-None .. I So the questi~n was decided in the affirmative,

' I . ·And·the bill haying received the required cot?,stitutional majority; · · · Passed the Senate;

Ordered to the House for concurrence.·

' • ' , I , • · Mr. Sheppard, Clerk of the House, being admitted, returned to the Senate the following Senate joint resolutions, the same. ..having been signed by the Speaker of the House and President pro tern of the Senate: 1

Senate Joint Resolution No'. I, entitled

"Joint resolution authorizing the appointment of a joint com-, mittee to notify the Governor of the organization· 6f the Gen- · eral Assembly." ·. . · . · · ...... ·: . . Senate Joint Resolution No. 6, entitled "Senate joint resolution in .relation to settling with the At- torney General." · · · · ·' ·

. Senate Joint Resolution No. 2, entitled , : 172 . "Joint resolution authorizin,g.the ~ppoiptment of a joint com mittee to draft rules for government of intercourse 1:>etwee~tl).e two houses.'' · ·

, The hour of 12 o'clock, m. having.a"rrived; . , ..The Senate, preceded by the President pro tern and. atte~d~d by the Clerks and Sergeant-at-Arms, proceeded to the hall of the House of Representatives, for the purpose of voting for a U. s.,~enator, in obedience tothe ~ct of~ongre1,s·entitkd: . ' .' ' • • ·, _, ,1 ,,·: "An act to regulate.the 'time ind ~anner 6f holq.ihg elections for Senators in Congress," passed July 25th, r866. · ,:., . The Clerks were directed to: call the rolls of the .respective houses, and the members~ as thefr names·were called, . . R~spondecf by vi~a ~oce vote,·as follows,·viz: Mr ..' Abbott,: 'orthe Senate, voted for John E1ward Addicks. Mr. Allee, of the Senate; vot.ed for. J olfo Ed~ard Addi°cks. ·. Mr.Blakely,'of'the Senate, voted'for Wm. s: Hilles,: '','' ', ' .. ' , ' ' . . " ' ,•; ' . ··· Mi-.;Bra'sure, of the·Sbfate, voted for:John Edwar~Addicks. · • ·, r· r ~ , - · , · ; r ~; .' ' ·.:' Mr. Farlow, of the Senate, voted for George Gray.

Mr. Hart,, 0~ the Senat~, voted for Ge~rge Gray. '. M.r. I{ri()X, qfthe ,S:e~ite, yotecl for H~nry A.D~J,=>oii(. Mr. Lewis, of the Senate; voted for John G. Gray. Mr. Maull, of the Sed~~e; voteifci~, 6ecirge G~d~.'

/ • I ' ' : ' • • '.' • ·, ' ; ; ' : ' ,; ' ' ~' ' ' ' • • , ,· i' • Mr. McFarlin, of the Senate, voted for Wm.··~,· Hill~s. ·

Mr. Meredith, of thy ;,,~p.~te,vqt«rd for George Gray, ;:, ' · Mr. Moore, of the Senate, voted for G~orge Gray. M:r. Pen:newill, of the S~nii.te, voted for John Edward Ad- dicks. ·

Mr. J=>yle,~f the Senat~, voted.forJohn G. Gray.

Mr. Shakespeare, of the Senate, voted for Henry A. DuPont. Mr. Slc\.ughter, of the Senate, voted for George Gray. ·

. ' . . . Mr. President pro tern, ·ofthe Senate; voted for George Gray.

Mr. Buell, of the Ho{1se, \r~ted for John: Edward Addicks .

.Mr. Burns, of the Ho~se, voted for I-Ieriry A. DuPont.

Mr. Clark, of the House, voted for John G. Gray. Mr. Conaway,ofthe:House,·was absent:•

Mr. Cottingham, of the House; voted for George Gray .. Mr. Davis, of the House, voted forJohn Edwara Addicks. Mr. Dennison, of the House; voted for Henry A. DuPont.

Mr. Donahoe of the House, voted for George Gray.

Mr. Donovan, of the House, voted for George Gray,

Mr, Ew~ng, of the House, voted for HenryA. DuPont.

Mr. Faries, of the House, voted for Jbhn Edward Addicks~

Mr. Frazier, of the 'House,.voted for John .Edward Addicks.

Mr. Frizzell, of the House, voted for Henry A. DuP<:mt.

Mr. Hazzard, of the House, voted for Henry A. DuPont. 174

· Mr. Hering, of the. House, voted for John Edward Addicks.

Mr. Hitchen, of the House, voted for Henry A. DuPont. Mr. Hunter, of the House, voted for John Edward. Addicks . Mr. Hushebeck, of the House, voted for John Edward Ad dicks.

Mr. Jenkins, of the House, voted for John Edward Addicks.

Mr.Jester, of the Ho~se, voted for John G. Gray.

Mr; King, of the House, voted for George qray.

Mr. Lattomus, of the H<;mse, voted for Henry A. DuPont.

Mr. McNulty, of the House, voted for George Gray. ' . Mr. O'Day, of the House, voted.forJohn G. Gray.

Mr .. Pilling, ofthe House, was absent.

Mr. Robertson, of the House, voted for Henry A. DuPont.

Mr Rose, .of the House, voted for George Gray.

Mr. Satterfield, of the Hquse, ·voted for John Edward Ad- dicks. ·

Mr. Shallcross, of the House, voted for George Gray.

Mr. Short, of the House, voted for John Edward Addicks.

Mr. Taylor, of the House, voted for John G. Gray.

Mr. Tharp, of the House, voted for John Edward Addicks.

Mi-. Wagamon, of the House, voted for .George Gray. :175

' ' Mr. \.Vest, of the House, was absent..· Mr. Speaker, of the ,House, vote.d for Henry A. DuPont.

The .vote as above ascertained having been. announced ~:sfol- lows: ' For George Gray, fifte.en vote~.' ·

For John· Edward Addicks, fifteen votes:: . • . . l ... For.Henry A. DuPont, eleven votes. For John G. Gray, six votes; ) For Wm.·.s·. Hille~,'two ~ote~.

. The Preside~t pro tern, of the Senate declared thatri~ person having received a majority of allthe votes cast for United States Senator, , . · :.

There .was ·no election to said· office ..

Mr. Pyle moved that ..the two houses s~parate,

Which motion was Lqst .. · . Thereupon the President pro tern ordered the Oerks .to call the rolls of the respective houses, -and the members, .as their names were called, · ·

Responded by ~iva. :voce vote, as follows, viz:.

Mr. Abbott, of the Senate; voted for John Edward Addicks., Mr. Allee, oft.he Senate, voted for J9hn Edward_Addic~s. ·

fy{r.Blakely, of theSenate, voted·for Franc.is G. DuPont. 1

. Mr. Brasure, of.the Senate; voted for.John Edward Addicks. J76 Mr. Farlow, of the Senate, voted for George Gray.

Mr. Hart, of the Sena:t~, voted for George Gray, Mr. Knox, of the Senate, voted for Henry A. DuPont.

Mr. Lewis, of the Senate, voted for John G. Gray.

Mr. Maull, of the ~enate, voted for George Gray. Mr. McFarlin, of the Senate, voted for Wm. S. Hilles. Mr. Meredith, of the Senate, voted for George Gray.

Mr. Moore, of the Senate, voted for George Gray. Mr. Pennewill, of the Senate, voted for John Edward Ad- dicks; Mr. Pyle, of the Senate, voted for John G. Gray.

Mr. Shakespeare, of the Senate; voted for Henry A. DuPont.

Mr. Slaughter;of the Senate, voted' for George· Gray.

Mr. President pro tern, of the Senate, voted fat Georg~ Gray. Mr. Buell, of the House, voted for John' Ed,vard Addicks.

Mr. Burns, of the House, voted for Henry A. DuPont.

Mr. Clark, of the Hot1se,. voted for J ohw G. Gray.

Mr. Conaway, of the House, was absent. Mr. Cottingham, of the House, voted·.for Gedtge Gray.

Mr. Davis, of the }l01{se·,voted for John Ed'vvard Addicks. Mr. Dennison, of the: House;- yoted for JB:enry A ..DiiPorit . ., 177

\ Mr.Doriahoe,of the House, voted for GeorgeiGray.· Mr. Donovan, of the Rous~, voted for George Gray. . . "' Mr. Ewing'. of the House, voted for Henry A. DuPont. ' . . '' . 'i . Mr. Faries, of the House, voted for John Edward Addicks. . . . Mr. Frazier, of the House, v~ted for Joh~ Edward Addicks. Mr. Frizzell, of the House,· -~oteclf~r Fr~~~is G. DuP01~t. Mr. Hazzard, ofthe House, vot~d for Henry A:DuPont. Mr. Hering, of the House, voted for John Ed~ard A~ldicks. ·: !j Mr. Hitchen, of the House, voted for Henry A. D1.1Pont.

• • fl • Mr. H~nter, ofthe 'H'.Juse, ~cited fo/Jo:f1~ 'Ed~ard A~4iFk~, Mr. Hushebeck, of the Hou:5e, V(!tecL.for J 0!1J:1Edwarq f\.d- dicks. · · · ;·.· · " ·· · , · '· · ·· · · .

Mr. Jenkins, of thiI-Iduse 3,°'VC>ted£6r'; ch-ii;Ed~arcl 'Addicks. Mr.Jester, of the House, vot:'eclfor Jol~n G. Gray .. : M;. King, of the House, voted £tit'G~orge' Gray;. •'.,

Mr. Lattomus, of the House·,')v6fod'f6r.'I-Ienry A.'DuPont.

Mr. McNulty, of the Hottse,'votea:fbt'George: Gray.;

lvJ\'0'.I?~Y, :9£the ·House, 'vqte

Mr. Robertson, of the. House;:votedifor, Henry A: DuPont.

A.ft'.:Jlq§!=:,,9!.th.~r#o.~~.e,:y9J(;q ,£qr ,.G~qrge ·{fray. · 12S . Mr. Satterfield, ofthe House, voted for Joh11'.Edward Ad- dicks; ·

Mr. Shallcross, of the House, voted for George Gray. ·,'' .Mr. Short; of the House, voted for John Edward _Addicks.. ' , .. ,_, ,. i('. ,, • •' ' ' .• :·: ,', :·· Mr. Taylor, ofthe House; voted for John G. Gray. • '. •• ' • • ' ~ • ,' • < ' • • • • ':. • ; i ' • • . ; - • • Mr. Tharp, of _the House, voted for John Edwa.rd Ad.dicks. . • .' .'.->1 '••' •f, , l I, '.' • ;; ,'. . Mr. Wagamon, of the House, voted for George Gray. . ' . Mr. West, of the House, was absent j ~;; Mr. Speaker, of the House, voted for Henry A . .DuPont. ' I iJj', .. i . '•, ·, ,·' '':['.·,;·; }' ' . lows;,.·. The vote ,, .:: as.above. ." .. :· .. ascertained:. ·,,,; ,,·.-:, : having,.·:·.··..'· '.. be~n·:-:·, annoµnced ; ''·"·.,:, ' as;,/ fol-

. '.FbrGec)g~'Gray;·:fifi:~en.vot~s;'

. ·;~PS J ~?? ..E:?wa~d. ,Aqdi~~~' fifte<:!1;1,vot_t:!?;• For Henry ,A..D1:,1Pont, ten. yqtes., , .. , .• ,. . I . . . • ' , • ~ • • ' , ' ' ' . I . . . • , . For John.G. Gray, six.votes, , . ',i:_.. ,l ! . . 1,. '. '·· ''.; ;,,,J'.'- For, Wm.,S. Hilles, one vote; . . ' :'· ..... ; ' ,:_•; :·: .. '. ··''' For Francis.G. DuPont, two votes .. , ' , • • ' : , ! ., ~' .' ) ,: ' I, , .' ,' J ', I • , ' ' , : • ' .·, .-,,.

The Pr~s_id:entprp; t~m, Qf.the Senate :.declared.that •no person having received a majority of all the votes cast for United States Senator, .,,,-.;;,'.,. :-.;·.·.- .. t. "i·,:··'i:' ·

::There'.was no electionito said office;,: :·;': .... ,: ':·;

On motiort'of Mr.:Krtox;of-tlie'Senate~ 'th{two ·houses'sepa- 179 rated, and the members ofthe Senate returned to thefr chamber. . . On motion the Senate took,arecess until 3 o'clock, P. M. >

Same Day-. 3 o'clock, P. IVL . ' ;. ' ' . , Sen~te reassembled at the expiration' of recess:. • .'I. , , ' . . ;, .-' • Mr. Maull, from the Committee on Revised. Statutes, to whom had been ref erred the bill, . ! i . Senate:Bill No .. 8, 'entitled, .

. "An act· to repeal· Chapter 4-78,· V 0It11~e· 20, Laws of Dela ware, being an act in relation to the confittnation ,of the report of commissioners appointed to layout a ditch n~arBlackiston's Cross Roads, Kent County, Delaware/ ·

RepOrted tfie safue with favo~able recommeridatio11; , ;J, · · ,·:.,.:·, >·.''/' I, ' r : '· ,';.,;:1' · ;• · · On motion of Mr. Maull the bill just rep?rted

Was taken up for consideration, And; on his further ·motion was;reacl a third time by para graphs in order to pass the Senate. . ' . . On the q1;1estion,"Shall this biUp~ss ,the Senate?" . . ··.The yeiis ~nd hays \v·ereordered,· which,. on being faken. were as follows : ' ; ' · : · · · · · 180 Yeas~Messrs. Abbott, Allee, Blakely, Brasure, Hart, Knox, Lewis, Maull, McFarlin, Meredith, Moore, Pyle, Shakespeare, Slaughter and Mr. President pro tem:.._,...15. ·' · , , ·

Nays-None. So the question was decided in the affirmative,

And the ·bill having received the required constitutional ma jority, Passed the Senate.

Ordered to the House for concurrence.

•• •I" . Mr. Sheppard, 'Clerk o{the House, being admitted, informed the Senate that th,t:.Hoµ,se);i,l:J,cl passed .at-J.d,req~ir 8ted t.I:1e,con currence of the Senate in the following bill~:

House Bill No.9,entitled '., ': ii' 1 '.)'.i '

"An act to amend Chapter 5&,:.Y,Qh,1~1.eJ,5;. ~a\\Vs,pf:.:Qrla ware, increasing the period of extension by the Governor of the term of indigent, deaf, dumb .and b}in:din inst.ituti9P$,, for in- stru1ctiqns ,qf ~u;chinµigents.':' .": . ,:: ..; , ,· 1, • • .,

. . . ·' .. ' ,, ,, ' ' House Bill No,. 5, entitlgp/

"An art, fpr. th,eprqtecti,on, .of,111~11 ~t;ff!.cWrers .~ncl .:ye,n.d9.r:s of mineral waters, porter, ale and other beverages sold in bottles." . ' . !:-·:; ·, -, , .. '.. i !: . . i!;,''i .' . )'. ,[:; {· } House Bill No. 2,' entitled

• ' ,:· :-.:·::: • •,. ': c .' '. ; • ' a ; :._ / ~ ·:. : ; i i. ; :__ I , t 1: i, --~:.: .: "An act to give this State jurisdiction of crimes commenced . in t.his Sta,te ,and: ro111pleted e1$ewhere," .. · · And presented the same t~ th~ Se~ate'.' ' ·

. ,,,. _ ._,i.'.j • .·1i· !![:! ... _. ;:__ , ,· _l. ,· ', Mr. Sheppard, Clerk of the House, being admitted, informed the Senctte that the. Hous~ had concurred in the ,~enate amend- m:ents to Hou~e BillN ~- 8,·~~thied .. . . ·. ·" ' ...... 181 "An act prescribing regulationsfot doing and fmnishing all printing to be used by the present session of the General As- sembly." r,: ' · · · ·

And returned the same to the Serta:te;.

; ·· Mr.: Slrep'patd/Clerk .

,.'Se'n~te }oinf·Re~blutfort NH:ientitled ,· !)! '

"Senate joipt, resolu}io11,,au~podzing the Presiclent :Pr(),tern of the Senate't6 ap'p6int the Senatemembers of a joirit co111init tee to employ ai;i Eprolli11g Clerk." ..

2, Also Senate Bill No. entitled' h: ,,, ' . ;·,, .. , '. '

"An act to authorize the school comrtdssioners of School Dis trict No. 52, in. Kent County, to borrow money to pay for a new schoolhouse/'.; ·.• l:~a:~~tur~ed th~ s'.a~e ,tothe senate., On motion of Mr. Pyle, the bill,

. House Bill No. 5, entitled

"An act for the protectioi1 of manufacturers and vendors: of mineral waters, porter, beer, ale and other beverages sold in bottles," ' '' ':: ·, '; · · '·:; '' · · · ' ' ' ;

Was taken-up•a'.ncirtwfa fi:rsHime. ,: , An'di,o'n h1s•fifrther b.~0ti'ofl''Rulei,t! was silspJnded as' to''this hill, ~..:,c·:: ,_c-CC:-. (: And the but; wai#f.cad a si·0J~·t1rlilbyiitl1; 0arlc!. : ~ 182

, Referred to the Committee.on Rev.ised.Statutes.

On motion of Mr. Shakespeare, the bill,

House Bill No. 2, entitled ,

."An act to giye this ..State jurisdicti9n. of •crimes. comm.enced inthis State and completed elsewhere,'' ·

Was taken up and read a first tim~.·

And, on his further motion Rule. 14 was suspended as tothis bill, ' . ' ' . . . . .· ···, ' . '

And the bill was r'e~d a second titn'e ·by title arid ...... : :.' ,·· Referred to the Committee on Revised Statutes. · On motion of Mr. Blakely,'thlbill, · House Bill NO,·9,. entitled

"An act to amend Chapter 58, Volume IS, Laws of Dela ware, increasing the period of extension by the Governor of the term of indigent, deaf, dumb and blind in institutions for in struction of such indigents," Vvas taken up and read a first time. · And, on his further motion Rule 14 was suspended as to this bill; .

. ·. And the bill wa's read a second time by title and

Referred to the Committee:on Revised Statutes.

On motion .the Senate adjourned until Ir o'clock, .A.M.,Jo mcrro~~; · ,. :) ~ '\ tl .. ' ,,.,,-,. j f"r':.,. ,, . ~ ... ~! >, ..) ~-·,'~ t J . . )_, 1 . ,, ' ·~ . '"' ·~v' I,): I l , l, / ~-}-, .., '' 183

Friday, January 20, 1899--II o'clock, A. M.

Senat~ met pursuant, to adjournment.

Prayer :by the Chaplain.

Roll called. . Members , present-Messrs. Abbott, Allee, Blakely; Brasure,. Farlow, Hart, Knox, Lewis, Maull, McFar lin, Meredith, Moore, Pennewill, Pyle, Shakespeare, Slaughter and Mr. President pro tern ..

J oui;-nc1,lread and approved.

Mr. Pyle presented the report of the Joint committee to settle with the Attorney General,

. Which, on his motion, · . ' ' ' i , ' was. read as follows : January 18, 1899. To the Members of the Senate and House of Representatives of ... Delaware: We, your corilinittee appointed to· settle with thJ Attorney General,

Report as follows:

Amount expended by R, C, White 1 Attorne1 G~ne;'.ral1 ·since 184

November 22, 1895, including the amount expended by Ber nard J. McVey in the Cordelia Botkin case ...... $2,697.78 Amount received during same period ...... 1,243.17

Balance due Robert C. White, A ..G ...... $r,454.6r

;I .<·· .JOH~ I_>YLE, J. FRANK ALLEE, committee' o'n·the i_:ia:ri:6.£ the· s~na.te. JAS ...W.,:i,:lOBERTSQN, DAVID HAZZARD, . ].JENKINS, ·.: ,. Com'rriittee on the pirt bf the House: ' '-,' :·.,'' ' . '' 'j . On motion of Mr. Meredith the repoi"t ' : .· .

Was ··Aaopte&

.,The. hour ,of 12 .o'clock,. tn. having arrived; The Senate, preceded by the President' pro fern 'and attencl~d ' by the Clerks and Sergeant-at-Arms, proceeded:to. the ht;!:11of the House of Representatives, for the ptfrpose of voting fora U. S. Senator, in obedience to the act of Congr:ess, entitled: '. ,. ,c; ' •• "Ari ad tdregtiiate the time and manner of holding elections for Senators i11Congres~,'', passed July 25th, 1866, > '.' • ' • '.· : ... - • --,._., - ;.· -: ' :_. -, ' - • .- : The Clerks were directed to call the rolls of the ·respective houses, andthe rµerµbers, as their: names. w,~re call eel, , ' '' ': \ '' ' . . . . ' ' . ,. Responded by viva voce vote, as follows, viz: Mr. Abbott, of the Senate, voted for Johil'EtlWafd Addicks. JV.Er.',Allee;' of the Senate; vofod.fof J oliri·Edward Addicks. 185

Mr: Blakely, of the Senate, voted for Francis G. DuPbnt ..

Mr. Brasure, of the Senate, voted for Johh Edward Addicks. Mr. Farlow; of the Senate, voted forGeor·ge Gray. Mr. Ha:rt; of the Senate; voted for George Gray.

Mr: Knox, 6f the Senate, voted for Henry- A. DuPont. Mr.Lewis, of the Seriate; voted for Johri R. Nicholson. Mr.Maull, ofthe Senate, voted for George Gray;

Mr·. McFarlin, of tl}e Senate, voted for Wi:n. S. Hilles.

Mr: Mefedith; of the Seriate, votea for George Gray. Mr. Moore, of the' Senate;, voted for George Gray.'

Mr.-Peiinewill;: of fhe Senate, voted for John Edward Ad- dicks.

Mr. Pyle, of the Senate, voted for John R. Nicholson.

Mr. Shakespeare of the Senate, voted for Henry A. DuP6rif:

Mr. Slaughter,; of tli'e Seriate, voted for George Gray'. Mr. Pre'siderif pfo tern, of the Senate, vbted'fdr George Gray.

Mr. Buell,.of the House, voted for JohriEdward Addicks·.

Mr: Burns; of: the Hmise; voted for· Henry A. DuPont.

Mr. Clark, of the House:, voted· for John R. Nichol'sdri.

Mr. Conaway, of the House, was absent. Mr. Cottingham, of the House, voted' for:George•Gfay.- 186 . ,ML Davis, of the House; voted forJohn Edward-Addicks . . .M.r. Dennison, of :the House, ,voted for Henry A. DuPont. Mr .. Donahoe, of :the :HO:use,,voted for George .Gray-.:

. . . . . Mr. Donoyari,,of the House,-voted for George:Gray.: Mr .. Ewing,: of th_eHouse; voted . for, Henry A .. DuPont. - Mr .. Faries;,of the House/voted ·for John. Edward Addicks." I Mr·. Frazier, of the, House, 'voted for:John Edward :Addicks.

.Mr. Frizzell; of the House, voted for.Henry A.:D'!,tPoht., , Mr. Hazzard,:of theHouse,votedfor Henry:A. DuPont'. Mr. Hering; of. the Hous·e,' :voted· for·. J ohri Edward,Addicks . . ; Mr. Hitchen, of the.House, .voted for :Henry: A DuPont. Mr. Hunter, of the House, voted for John Ed;ard Addi~ks. :·-··'> ;_:/ .'.::: :''.,! ,,;'. >.:'. ·: .,:::.• ·., ,-:\' ' . ·: ·: ,• Mr. Hushebeck, of the House, voted for John Edward Ad--. 1 dJc.kS.:_:'_/. "···:\·:i.. ; i:·..1·11·, • j:·. ,,._. 1 .,: ··

Mr. Jenkins; ofthe House, votedJor John-Edward Addicks . . ·Mr.Jester, ofthe House; voted:for John R Nicholson.

Mr.King; of the Hoi.ts~, voted for George Gray .. : ,·;; I Mr, Lattomus, of-the: House; votedfor:Henry A:,_DuPorit. Mr. McNulty, oHhe:House; voted for George Gray .. Mr. O'Day, of the. House, was· absent,·': ·.·

Mr. Pilling, ofthe House, was 1 ab.setit,. · > 187 Mr. Robertson, of the House,. voted for Henry A; DuPont: Mr. Rose, oft.he. House, voted for George. Gray., . ·

.. Mr .. Satterfield, of the House; .voted for Joh,n_.Ed:ward:Ad dicks. '. ,!_,.:: Mr. Shallcross, of the House, voted for George; Gray ...... · .. ·. . . .. '. . ' ' . ..; . ' Mr. Short,of,the _House,voted for Joh11;_;EclwardAddiclcs. • ' • .I , ••• ·, • , 1 • , • , , , ,I,, , I, • , ,, , Mr. Taylor, of the House, voted for Geo.rg~ Gray. , ·,· !' (,, : ;; , '• ·, ', ·,, ,·.. r , ' , , 1··1 ''.' , · M_r.Tharp, ofth.e House,·vote~ for John Edward ·~1dicks.

Mr.:Waga,moµ, Clfthe:House, yoted.for G~orge Gray; . : . Mr. West,of the House,.vo.tedforHenry:A· DuPont .. · .. ·

Mr. Speaker,. of the House,: was -ctbseµt: ,.. : .. , '. i

The vote as above ascertain·ed having ,been announced as follows: · ·

. ' . . . . . For George qray; sixtee~ votes. :.-_:::·; For John Edward Addicks, fifteen votes._ For. Henry A. DuPont, eleven votes. . , . . For John R. Nicholson; four votes. For Wm. S. Hilles, one vote. For Fran~is: G.DuPont, on~:~~te'. The President pro te~ of ,the .Senate d~clared, that noperson having received a majority of all the votes cast for United; States _Sena.tor,-· .. :t ., • : · • , _ . , · ·.• r I i ·. 188

Th'ere'was no election· td said-office.

The joint-fueefing. proceeded to another' ballt>t:'

The' Clerks '·were directed to -cau·the rolls· b'f·the' respective houses, and the members, as their names were called,

Respoti<:l'e1d by'vi~kfbc'e ~·ote; 'a'.?£0116:W(vii: lY.[/;)\bbo~(Ori 'tl~e.Se~ate, to:tecl for] 6hn 'ttc1~a1~d;j\ddicks.

'." ·: •• \ '·, . ' .. ·. , "". ' ' :, •• l .. ·, .i i ' <' .' < ';' ;_ :, •. ' '. r·~. . r f ,:: ; ; ,_._'; • ' . . Mr. Allee, 'of the Senat'e, voted for John Edwatd Addicks. M~:Blakely', ohi1e;S'e1~ate,~oi:ed tb'i FrarUiis\:i.'Di1Pon{. Mr .. Bras ti.re/of tlle 'Sdiate,'voted for' JofrnEdward Addicks. Mr. Fa:rloW';d£ ti1eSenate,' ~b'teafor George: dray. Mr. Hart, of the Senate/vo'ted 'fdf George'·GraJ. Mr: Knox; of the·Senate~, vofedfor,Henry A.·Di1Pont.

Mr. Lewis, of the Senate, voted for John R. Nicholson. Mr. Maull, of the Senate, voted for George Gray. ' w' • • ;- I •. i ~ '. / : • Mr. McFarlin, of the Senate, voted for Wm. S. Hilles.

• ~ t ' Mr. Meredith, of the Senate, voted for George Gray. Mr. Moore, of the Senate, voted for George Gray.

: ;, Mr. Pennewill, of the Senate, voted for John Edward Ad- dicks. . · 1 " • ; ••• •: , ·: '

Mt.: Pyle) df 1iheS'ena:te,' v0ted fbr"jo'hn R. Nkhoisoti.: : ., . . 1'; .._; :_i ;! •. • , , Mr. Shakespeare of the Senate, voted for Henry A. DuPont. ,ts9 :<::MdSlaughter, ofth.e.,S:ehate;.voted. :for.George Gray_... , · Mr.President proteni, ·ofthe:Senate,votedfor .Ge:orge·Gi-ay..

Mr. Buell, 9f :the ·I,-fotise;,:vot~d for, John.: Edward,Addicks .

.Mr: ,Burns·~.of,theHouse; vot_ed,for·Henry A;: DuPont.· Mr, Cl~rk; ofthe Horise,,yote4for,ffohri;R ..Nicholson ..

.Mr. Conaway, of th.e H.oitse,,,was,absent ..:·;: \. ~·1_.:: i

Mr. Cottingham, of the House,. voted; fori :George; Gray \:,

: 1, ,Mr. ·Davis,'_of the ·House,, voted for Jcihn- Ed ward Addicks. · Mr. Denn~sori,.qt.the House;, ;voted for; Henry: ,A.,.,,DuPon.t.

: . /MI-.J?.9.t:i?-Q<;>e,, pf.tl~e:f.[qus~, y,9t~d fqr 9'eqr,g~,Grnx: '.-:;i Mr. Donovan, of the House, voted for George Gray. ·

..·;··:.~··1;: ··: ..:·;_.\'.):·/ ·;,. 1 :; 1 ·.:·:· .··,,.·.·tf(·,i i. ~)!;; 1,, ,,·,=·'.·:·.1:,Ji,~;(~~j ·;•/;.' Mr. Ewing; of the House, voted for Henry A:DuPont. :·.; j~:,:I:Li_/, ;;·;_:· -L.'l i·,i. i ·1;:·i hJlt.,'·/ .:)>.·:1i_l·; 'ii!! f:.,·;~·:;df;: .-·;:·/ Mr. Faries, of th~ House, voted for John Edward Addicks .

• i~ .. '.~) ·; '''.{)'l;; -i,.:·; ;_,.·",fr.·,· · .. J:1:'. i )!:.; it1 '.-:-;'.f 1::·\ .·; ;1, . Mr. Frazier, of the Ho3,1se,voted for John Edward Addicks.

·.·-.>,ij,:·. :._ :,. 1 ~ ,;/·.·:, 1,~: .. i ~, . .,,· ;~~i:,' .. ··,i, .·, •· ··/) .., .... ,._. ._'.~'!' •·r·~ ·:Mf. Frizzell,''of Hie'House; voted fof Hen'ry '.A.:'DuP_oiit:'· .. , - ' ...... - . . r,. ·;. _: , . ·:. , , ,. 1 J 't,(11 r, · 1 1- .·,, - , : ,· - • •.·:' ~ · •, ',, j 1 '_. ( ·, · • ·' : ·i :,,', Mr.'Hazzard; of the House,\rofod 'forHenry '.A'.UtiPonL Mr. Hering, of the House} voted·for jdhii'E'dwah:l'°Ad'di~ks.

' ' Mr/Hii:che'n,"of th~ House;· voted; for Hehry ·_A.,;DuPont. :,:,MrJHunter,,0Uheff;£.0tise;!v:oted::for-JohnEdw.ard-Addicks. Mr. Hushebeck, of the House, voted for John Edward Ad- dicks. -,., ···:,::;·:,.··:,,1 ·,,.,·: 190

Mr. Jenkins, of the House, voted'for John Edward Addicks. i ". Mr. Jester, ofthe House, voted for John R Nicholson .. · Mr;'.King, of the' House, voted for George Gray. · Mr.:Lattomus, of the House, voted for Heniy,A. DuPont ..

Mr ..:McNulty, of the House, voted:for George Gray ... Mr. O'Day, of the ~ouse, was, absent.: ..

Mr. Pilling; of .the House, was absent. · . Mr: Robertson; of the House, voted for Henry A. DuPont

. Mr. :Rose; of the House,- voted. for George. Gray.

Mr. Saite'rfield, of the House, voted for John: Edward Ad· dicks. Mr. Shallcr;oss, of t_heHouse, voted for George Gray. ' :< ~ . ' : '. ''} !. '' . ' i ' ' ' ' ' • ' • . Mr. Short, ofthe House, voted.for John Edward_A,ddicks. '.' . '. '' '),. '. . . : . '' Mr. Taylor, of the House, voted f()r George Gray .. •': ,. I· ' ) ,,.. ·· ',' . ·Mr ..Tharp, of _the House, voted for John Edw?,rd_Addicks. • '.'' ,· .". •J .• • ! ,; ,; '• •I. . , ' ' _', . ' ' • •, M.r. Wagatnon, of the Jio-use, voted for George Gray. •'•' . ..' !'. '', I .' ' , • •• •' , Mr. V{;est,9£ the Hous~, was absent. ·.

Mr; Speake_r, of the House, vqted for Henry A. I:>uPont.

· Thev·ote·as above ascertained·having been announced as fol lows:

For George Gray, sixteen votes~ 191 For John Edward Addicks,. fifteen votes.

For Henry A: DuPont, eleven votes.· · · For John R. Nicholson, .four votes .. For \V'm.' S. Hill~s; one vote.

For Francis G. DuPont, one vote. • • ' • . l The President pro tern of the Senate declared that no person having received a majority of all the votes 7asHorUnited States. Senator, ·

There was no election to said office.

The joint meeting proceeded to another ballot, • •. • • ' ,·, l • The Clerks were directed to call the rolls. of the respective houses, and the members; as their names were called; Respondeclby viva ·voce vote, as follows, viz:

Mr. Abbott, of the Senate;·voted for J ohh Edward Addicks. Mr.Allee, ofthe Senate, voted for John Edward Addicks. Mr: Blakely, ofthe Senate; voted for. Francis G. DuPont~

. Mr. Brasure, of the Senate, voted for John Edward Addicks.

Mr. Farlow, of the Senate, voted for George Gray.

Mr. Hart; of the Senate, voted for George Gray.

Mr. Knox, of the Senate; voted for Henry A. DuPonf.

Mr; Lewis,. of .the Senate, voted for John. R. .Nicholson .

.·'Mt.Maull/of the·Senate,ivoted for George Gray .. '192 Mr. McFarlin, of the Sen~te; voteq. for Wm. S; fiiHe~: Mr. Meredith, of the Senate, voted:for ,George p-r~y. Mr. Moore, of the Senate, voted.for George Gray;: Mr. Pennewill, of the Senate, Y,oted fqr. J olm Edward Ad dicks. . '. Mr. Pyle, of the Senate; voted for John R. Nicholson.

,.. ' . . . ' ,Mr. :Shakespeare .of.the Senate, Voted for HenrY:·A.-PµPont. Mr. Slaughter, of the Senate, voted for George Gray. . ' ., . . .~. . ... Mr. President pro tern, of the Senate, voted for George Gray. . . . . :: !_.;:: · .. • ,;~~- ~~e111 of thei House, voted ~or Jo~n Edward Addicks. 1 Mr. Burns/of.the House, voted for Henry A .. Du.Pont. Mr. Clark, of the House; vot_edfor John R. 1':Jicholsqn.:

'Mr;,Conaway, oUhe House; was absent;' i:;•,iri; . Mr::Ccittin:ghatri, of.tqe House, voted fem.George .Gray.,

Mr.· Davis, of the:House,: voted for• John 'Edw::i,rdAddicks.

1 Mr. Dennison, ofth.e House, voted for Henry,.A, DtiP.ont.

Mr. Donahoe, :of.the Ho·ilse, voted for Georg~.Grai. i. Mr. Donqvan, qfthe House, voted for George Gr.ay... Mi; Ewing, cif tµe House,' voted for, Heriry A:DuPont . Mr.-Faries; .cif.the:Hoµse; voted· for John: Edward Addicks.

Mr. Frazi.er; of the House; voted for John Edward! .Addicks. 193

Mr. Frizzell, of the House, voted for Henry A. DuPont.

Mr. Hazzard, of the House; voted for Henry A. DuPont ..

Mr. Hering, of the House, voted for John Edward Addicks.

Mr..Hitchen, of.the House, voted for Henry A. DuPont. .

Mr. Hunter, of the House, voted for John Edward Addicks.

Mr. Hushebeck, of the House, voted for John Edward Ad- dicks.

Mr. Jenkins, of the House, voted for John Eel.ward Addicks.

Mr. Jester, of the House, voted for John R. Nicholson.

Mr. King, of the House, voted for George Gray.

Mr. Lattomus, of the House, voted for Henry A. DuPont.

Mr. McNulty, of the House, voted for George Gray.

Mr. O'Day, of the House, was absent.

Mr. Pilling, of the House, was absent.

Mr. Robertson, of the House, voted for Henry A. DuPont.

Mr.' Rose, of the House, voted for George Gray.

Mr. Satterfield, of the House, voted for John Edward Ad- dicks.

Mr. Shallcross, of the House, voted for George Gray ..

Mr. Short, of the House, voted for John Edward Addicks.

Mr. Taylor, of the House, voted for George Gray. 13S 194

·Mr. Tharp, of the House, voted for John Edward Addicks.

Mr. Wagaman, of the House, voted forGeorge Gray.

Mr. West, of the House, was absent.

Mr. Speaker, of the House, voted for Henry A. DuPont.

The vote as above ascertained having been announced as follows:

For George Gray, sixteen votes.

For John Edward Addicks, fifteen votes.

For Henry A. DuPont, eleven votes.

For John R. Nicholson, four votes.

For Vim. S. Hilles, one vote. .

For Francis G. DuPont, one vote.

The Preside.nt pro tern of the Senate declared that rio person ' having received a majority of all the votes cast for United States Senator,

There was no election to said office.

On motion of Mr. Slaughter, of the Senate, the two houses separated,

And the members of the Senate returned to their di.amber.

On motion the Senate took a recess until 3 o'clock, P. M. 195

Same Day---'-3 o'clock, P. M ..

Senate met at expiration of recess.

Mr. Sheppard, Clerk of the House, being admitted, informed the Senate that the House had concurred in 1.he following Sen ate bill:

Senate Bill No. 9, e11titled

· "An act to amend Chapter 49, Volume2r, Laws of Delaware, by providing an Enrolling Clerk for each house of the General Assembly." ·

Mr. Sheppard, Clerk of the House, also presented for the signature of the ~peaker of the Senate, the following duly and correctly enrolled House bill, the same having been signed by the Speaker of the House: ·

House Bill No. 8, entitled

. '• . . . . ."An act prescribing regulations for doing and furnishing all printing to be used by the pres.ent session of the General. As sembly.".

Mr. Knox, from the Committee on Judiciary, to whom had been ref erred the bill, ·

House Bill No. 4; entitled

"An act authorizing the Governor to appoint a Notary Pub lic for the office of George C. Maris & Son, of Wilmington, :Pel.,"

Reported the same ~ith' favorable recommendation.

On motion of Mr. Knox, the bill just reported

•. Was taken up for consideration, . · And, 011his furthe.r, motion was read a third time by para- graphs in order to pass the Senate. · ··

On the question, "Shall this biH pass the Senate?"

The yeas a;d nays were ordered, which, on being taken·, :v,rere as follows:

Yeas-Messrs. Abbott, Allee, Blakely, Hart, Knox, Lewis, . Maull, McFarlin, Meredith, Pyle, Slaughte:r: and Mr. President pro tem~12 .. Nays-None.

'So the. question was decided in the affirmative, And the. bill .having received the .required constitutional'majority, '·

Was Concurred in.

Ordered that the House be informed thereof and the bill returned to that body. · '

Mr. Maull, from the Committee on .Revised Statutes, to whom had been referred the bill,

Senat~ Bill No. 15, entitled ·

"An act to amend Chapter 39, Revised Statutes, concerning religious societies," Reported the same with favorable recommendation.·

On moti9n of Mr; Maull, the bill just reported

Was taken up for consideration, . ,: .- . '.•·' ;. 'A~d, on his further motion, was. read a third time by para- graphs in order to pass the Sertate. · · ·: · · · , , · · · : .. 197

On the question, "Shall this bill pass the Senate?"

The yeas and nays were ordered, which, on being taken, were as follows:

Yeas-Messrs. Abbott, Allee, Blakely, Brasure, Farlow, Hart, Knox, Lewis, Maull, Meredith, Moore, Pyle and Mr. President pro tem-13.

Nays-None.

So the question was decided in the affirmative,

And the bill having received the required consfi.tutional ma jority, Passed the Senate.

Ordered to the House for concurrence.

Mr.·Abbott, on behalf of the Committee on Enrolled Bills,

Reported as duly and correctly enrolled and ready for the signature of the Speaker, the followirig Senate bills: . i Senate· Bill No. 2, entitled

"An act to authorize the school commissioners of School Dis trict No. 52, in Kent County, to borrow money to pay for a new schoolhouse."

Senate ~ill No. 9; entitled

"An act to amei1d Chapter 49, Volume 21, Laws of Dela ware, by providili.g an E11rolling Clerk for each house of the General Assembly."

On motion the Senate adjoui·ned until I I o'clock, A. M., to- morrow, · 198

Saturday, January 2r, r899:-c-n o'cl?~k, A. M. Senate met pursuant to adjournment.

Prayer by the Chaplain. • ·;Roll called. Members -present-'--Messrs. :Abbott, ~Allee, Blakely, Brasure, Farlow, Hart, Knox, Lewis, Maull, McFar lin, Meredith, Moore, Pennewill, Slaughter and Mr. Pr~sident pro tern.

Journal read and approved.

The hour of 12 o'clock having arrived,

The Senate, preceded by the President pro tern and attended by the Clerks and Sergeant-at-Arms, proceeded to the hall of the House of Representatives, for the purpose of voting for a U. S, Senator, in obedience to the act of Congress, entitled • • ' . • - • • ' r • "An act to regulate,the time arid manner of holding elections for Senators in Congress," passed July 25th, 1866~ . . The Clerks were directed to call the rolls of the respective houses, and the members, as their names were called, R<::!'-poudedbv viva voce vote; as follows, viz:: ··, ., . ' .... Mr. Abbott, of the Senate, voted fo"rJohn Edward Addick!-. - . ' . . . . . ! ,: , Mr. Allee, of the Senate, voted for.John Edward Adµicks. Mr. Blakely, of the Senate, voted for Francis G. DuPont.· 199

Mr. Brasure, of the Senate, voted for John Edward Addicks,'

Mr. Farlow, of the Senate, voted for George Gray.

Mr. Hart, of the Senate, voted for George Gray.

Mr. Knox, of the Senate; voted for Henry A. DuPont .

. Mr. Lewis, of the Senate, voted for John B. Pennh1gton.

Mr. Maull, of the Senate, voted for George Gray .

. Mr. McFarlin, of the Senate, voted for Wm. S. Hilles.

Mr.. Meredith, of the Senate, voted for George Gray.

Mr. Moore, of the.Senate, voted for George Gray.

Mr. Pennewill, of the Senate, voted for John Edward Ad- dicks.

Mr. Pyle, of the Senate, was absent.

Mr. Shakespeare, of the Senate, was absent.

Mr. Slaughter, of the Senate, voted for George Gray .

. Mr. President pro tern, of the Senate, voted for George Gray.

Mr. Buell, of the House, voted ' for John Edward Addicks.

Mf. Burns, of the House, voted for Henry A. Dupont.

Mr. Clark, of the House, voted for John B. Pennington.

Mr. Conoway,·of the House, was absent.

Mr. Cottingham, of the House, voted for George Gray.

Mr. Davis 1 ofth~ Hoµse 1 voted for John Edward Addicks. 200 Mr: Dennison, of the" House, voted for Henry A. DuPont.

Mr. Donahoe, of the Hottse, voted for George Gray:

. Mr.· Donovan, of the· House, voted for George Gray. Mr. Ewing, of the House, voted for Henry A. DuPont~ . Mr; Faries, of the House; voted for John Edward Addicks.

Mr. Fi:azier, of the House, voted for John: Edward Addicks. _ Mr. Frizzell, .of the House, vote.clfor' Henry A. :DuPonL Mr. Hazzard, of the House, voted for He.nry A. DuPont . .Mr. Hering, of the House, voted for john Edward Addicks. Mr. Hitchen; cif the House, voted for Henry A. D'uPo-tit. · Mr. Hunter, of.the Hou~e, voted for John ~~ward Addicks. Mr. 'Hushebeck, of the House, voted for John Edward Ad- dicks. · · · ··

Mr ..Jenkitis; of the House, voted for· John Edward Addicks.

Mr. Jester; of the House,'Voted for L Irving Ha.tidy'. Mr. King, of.th€ House; voted for George Gray.'· Mr. Lattoi:n11s,of the House, voted for Henry· A; DuPont.

Mr: McN ul1:y,cif theHou'se, voted for George Gray.' Mr. O'Day, of the House~ voted forL. Itving·Handy.' Mr .. Pilling; of the House, was· absen't. ·

Mr: .Robertsoni of the· Ho.use, votecl for Henry Ai· DuPont. 201

Mr. Rose, of the House; voted for George Gray.

Mr. Satterfield, of the House, voted for John Edward Ad- dicks.

Mr. Shallcross, of the House, voted for ·George Gray.

Mr. Short, of the House, voted for John Edward Addicks.

Mr. Tayior, of the House, voted for George Gray.

Mr. Tharp, of the House, voted for John Edwara Addicks.

Mr. W agamon, of the House, was absent.

Mr. West, of the House, was absent.

Mr. Speaker, of the House, voted for Henry A. DuPont.

The vote as above ascertained having been announced as fol lows:

For George Gray, fifteen votes . .. For John Edward Addicks,.fifteen votes.

For Henry A. DuPont, ten votes .

. For J.B. Pennington, two votes.

For Wm. S. Hilles, one vote.

For Francis G. DuPont, one yote.

For L. Irving Handy, two votes,

The President pro tern of the Senate declared that no person having received a majority of all the votes cast for United States Senator,· · · · 202 There was no election to said office.

·, The joint meeting proceeded to another ballot.

The Clerks were directed to call _the rolls of the respective houses, and the meinbei:s, .as their.mimes were called,

R~sponded by viva ·voce:vote; as follows: · · ' · ·

Mr. Abbott, of the Senat;, 'voted for' Joh~ Edward Addicks. Mr. Allee, cif ihe Senate, voted for John Ed~afdAddicks. Mr. Blakely, of the Se"nate, voted for Francis G. DuPont.

Mr. Brasure, of the Setiate, voted for JohO:·Edward Addicks. Mri Farlow; of the Senate, voted for George Gray.',· ·. Mr.•Hart; of'the Senate, voted•for.George Gray: Mr. Knox of the Senate, voted for Henr! A. DuPont.

Mr. Lewis, of.the Senate, voted for John H. Rodrley. ".. . . :., ' - ,, .. ' ·. Mr. Maull, ofthe Senate, voted for George Gray.

··.··· . ,• •, L Mr. McFarlin, of the Senate, voted for Wm. S. Hilles. ' . ·' Mr. M_eredith, of the Senate, ·voted for George Gray.

·.·, • "· 1. > , ·Mr.Moore of the Senate, voted for George Gray. ' . '' . Mr. Pennewill, of the Senate, voted for John Edward Ad- dicks. · · ·

, .Mr. P~le; of the Senate, vqted for Joh11 H. Rodney; Mr. Shakesp~ate, of the s·enate, voted for Henry A.I?~P~nt 203 Mr. Slaug.hter, of the Senate, ·voted for George Gray.

Mr. President, pro tern, of tbe.Senate, voted for George Gray.

Mr. Buell, _ofthe House, voted for John Edward Addicks.,

Mr. Burns, of the House, voted for Henry A. Dupont. Mr. Clark, of the Hmise, voted for John H. Rodney .. Mr. Conaway, of the House, was absent. ·

Mr. Cottingham, of the House, voted for George Gray.

Mr. Davis, of.the House, voted for John E_dward Addicks.

Mr. Denni_son,.of the House; voted for Henry A. DuPont.

Mr. Donahoe,,of the H,ou_se,voted f~r George Gray.

Mr. Donovan, of th 0e House, was absent. Mr. Ewing, of the House, voted for Henry A. DuPo.nt."

Mr. Faries, of the House, voted for John Edward Addicks.

Mr. Frazier, 6-fthe Hou~e, voted for John::Edward·Addicks.

Mr. Frizzell~ o{ihe House, voted for Henry A. DuPont ..

Mr. Hazzar<;l.,of the' House,. :Votedfor· Henry A. DuPont.

Mr. Hering, of the House, voted for John Edward' Addicks. Mr. Hitchen, of the House, was absent.

Mr. Hunter, of the House, voted for John Edward Addicks.

Mr. Hushebeck, of the House, voted fo~ John Edward Ad-:-. dicks. ·.· · : '204 Mr. Jenkins, ofthe·House, voted for John Edward Addicks. Mr.Jester, ofthe House, ·voted for L. Irving. Handy. Mr~ King; of the House, voted for George Gray. · 'Mr. L~ttomus, of the House, voted for Henry A;· DuPont. Mr. McNulty, of the House; voted for George Gray.:. Mr. O'Day, of the House; voted for L Irving Handy.· . Mr. Pilling, of the House, was absent. ,

Mr: ·Robertson, of the.House,: voted for HeriryA: DuPont.

·Mr. Rose, ~f th~· House; voted forGeo;ge Gray.••

Mr. Satteriielcl, of th~ Hbuse, ;oted £~';J 6h11 Edward Ad d.icks.. Mr. Shallcross, of the House, voted for George Gray: • ~ . . : . '. . • l' '. . , .Mr, Shotj:, of the Hous~, ·voted for John Edward. Addicks: . :,Mr;.. Taylor,,of the House, v:ot.edfor George,Gray. Mr. Tharp, of theH01;1se, vot~d ~oi:John Edw~rd Addicks. Mr. Wagaman, ,of th~ Haus~,. wa.s,absent:, ;1Mr.;West,.of:the,House,was absent.: .,.;. Mr. Speaker, of th~:I:Iouse, voted foi:He:nry J:i:.•Dupont.- .

· rThe vote as 'a.hovea~certained ·having.been announc·ed as fol lows: ·;i'f., :,.·; For George Gray, fourteen votes. 205··

For John Edward Addicks, fifteen votes.

for Henry A. DuPont, ten votes.

For John H. Rodney, three votes.

· ForL. Irving Handy, two votes.

For. Francis G.:DuPont,.qne vote.· For Wm. S. Hilles, one vote.·.,,

The President pro tern ·Ofthe Senate declared, that no person having received a majority of all the votes cast for United States Senator,,:,<:.;

There was no election.to said office. ·..':

On motion of Mr; Moore, of the Senate, the two houses s0epa- rated, · ·

· . And the m'embers of the Senate returned to their. chamber.

On motion the Senate adjourned until II o'clock, A. M., Monday, January 23. Monday, January 23, 1899-II o'clock;A: M. Senate met pursuant to adjourn1:11ent. · Prayer by the Chaplain.

. : . ; . ; .. '; . '; . Roll called., Members 'present-Messrs. Abbott,.· Allee, Blakely, Brasure, Farl9w, Hart, Knox, Lewis, Maull, McFar lin, Meredith, Moore, Pennewill; Pyle, Shakespeare, Slaughter and Mr. President pro tern. '· .- i, Journal read and approved.

Mr. Knox gave notice that 'OU to:.morrow or 'some future day he would ask. leave to introduce a bill, ·

Senate Bill No. 17, entitled "An act to repeal an act entitled .'An· act in regard to plead-· ing in civil and criminal cases.' " ·

Mr'. Abbott, from the Committee on Enrolled Bills, reported as duly and correctly enrolled and ready for the signature of the President of the Senate, the following Senate bills: .

Senate Bill No. 2 1 entitled "An act to authorize the school commissioners of School Dis trict No. 52,.in Kent County, to borrow money to pay for a new schoolhouse.'' Also Senate Bill No. 9, entitled 207 "An act to amend Chapter 49, Voiume 2r, Laws of Delaware, by providing an Enrolling Clerl,<:for each house of the General Assembly." · · : 1 •• • • ·.. • • Mr.:Blakely offered the following Senate joint resolution, en- ili~ ..

"Senate joint resolution in relation to a new arrival," ' '· - Which,. on his motion, Was_read,.

And; ftirther' oh his· motion:,

Was Adopted. ., Mr. Knox offered the following Senate.joint resolution:

Senate Joint Resolution No. 9, entitled ' '· ,'. "Senate joint resolution urging the Congress of the United States to provide a channel of the depth of thirty feet in the Delaware river,"· .

Which, on his-motfoti, - Was read, And, on the question, "Shall this resolution pass:th~ Senate?" The yeas and nays :were ordered, which, on being. taken,- were_ as follows: Yeas-Messrs. Abbott, A.Hee, Blakely, Brasure, Farlow, Hart, Knox, Lewis, Maull, McFarlin, Meredith, Moore, ·Penne will, Pyle, Shakespeare, Slaughter and Mr. President pro tern -17. ; Nays-None; · 208

So the question was decided in the -affirmati~e, •. · And the. re~ol~tion· having -received th~ :required:.constitu.: · tional majority, ·

-· . :Passed the 'Senate. . ' .. ' ,, Ordere_d to the House for concurrence. The hour. of I2 0 clock, m. having arrived; The Senate, preceded by the President pr~ teni and attended by the Clerks and Sergeant-at-Arms, proceeded tO:.tlie hall of .. the House of Representatives, for the purpose of.voting for a U. S. Senator, in obedience to the act of Congress, entitl~d :

"An act to regulate the· time and manner ·of holding elections ·• for Senators in Congress," passed July 25th, 1866.

.. . ' '. .. JOINT SESSION. The Cletks were directed to call th~ rolls of the respe~tive houses, arid· the members, as their names were called, Responded by viva voce vote, as follews, vii:

Mr. Abbott, of the Senate, voted for John Edward Addicks." Mr.· Allee, of the Senate, voted for John Edward Addicks . .. Mr:Blakely, of 1:he'Senate, voted-for Francis G.DuPont. ·:

Mr. Brasure; of the Senate, voted for John Edward Addicks. Mr, Farlow, of the Senate, voted for George Gray.' Mr. Hart; of the Senate, voted for George Gray; ..· Mr. Knox, of the S~nate, voted for Henry A. DuP~nt: .. ·

Mr. Lewis, of the Senate, voted· forJohn H. Rodit'ey-.-'..:-, 209

, ¥,r,,NJ:~u,l,l,,9fith:e..~~!-1at~; yqt~4 fqF;8eor~~ 9l~Y·. . . ' fy.Ir'.M~f~:F~1, qfJhe ,~,~11~t~,Y?tf4, fPr Wll]-: ~; ;a:m~~·. ~r. _}1ered~~h,.~f .tr~ S,~n~t~,v.oteq fpr:,9to~ge :qpfy..:

Mr·,N,J.q[!re,_ of. t)1~ p~n,p.t~ 1 ;vqt~4Jc;:ir0:~.9rg~ qr~y'. ..· . ·Mr.,Pennew:ill, of the Senate, .voted · for Johri ~dwarq. Ad"' dicks. 1 • ·• ' · · · · • . ··

Mi;.~yle, of .the S~n;te, ;oted f~~j~hn H.· 'Ro1ney. ' ·, .: ' -..,:.,, ': . ,, •,. Mr. Shakesp~are, of the Senate,.vott!d for Henry A. Du:J?ont. • : ·; ' 4 • ' ~ \ • , .:· .\ ; '' •. ' .• :1• • : ( ' . .' .' • ,'":! .f : • •. .' , • • I ',. i • ....• '. •.. : ; : •. ,• ,. Mr. Slaughter,· of the Senate, voted for George Gray. · ·' · : ' Mr.Preside~t prbtein of the Senate, v·oted' for Ge,orge: Gray: Mr. Buel( of'the House, ~cited for John Ei:l~ard Addie.ks. Mr. Burns,·~£ the·House~ voted for Henry A. DuPont; ' Mr.' Clark; of 'the'Nouse, voted'fotJohn H;;Rodriey. Mr. C6nawa'y, :bf the H,6use, was 'absent~. ,·.:.,'

Mr:·Q;ottirighat'ri,of the·Hou,se; voted·for'George Gray:.·

Mr. Davis, of the House, :voted for John Edw~rd Addicks.

:Mr'. Rf~pispt]., .9f thH f.!oµ~e, y;oted ~Orr#~n-ry,A.. rP1:1~,9!}L Mr. Don<1,~p~~qf tp~~.i:rHs~, ~qte4J9r ~eR[~.~ qf.cl:Y: .'. . . Mr. :Oonovan, of the, H1;mse, was absent. . . . . ;:• :: :,·:-,_·: Li!,";.( ·:'i'":.i. :1:i_::·,,, :: ;·: ,· .. ;! i !":·, .. :·:.~:'.· ;•;::.~.-:'. Mr. Ewing, of the !iouse, voted for Henry A. DuPonC: ,;·:. rH:-§ :<> .· ., : Mr. Faries; of i:h~H~hse, t·oted £6tJohn Edward.''.Addfokk.. Mr~ Fr~zier, of th~·Hotise; vot~d:for john Edw~i-i~ddicks. I Mr. Frizzell; of the'Htnise~· voted'fo~·-Henry A. DuP~'nt·' . . . Mn Hazzard; 6f the HouJe; voted forHeh~y A. Dti.Porit.

, ~ . • , • , I Mt/ Hering, of the House, voted for John Edward· Addicks. · Mr; Hitchen, of the House,. was absenL

• ,: ,, • ,,·.. • ,,, < I • '''' r- Mr. Hunter, of the Hoi1se, voted for Jol}n Edward Addicks. ' ' ' l • ,, .• • •• Mr. Husheb~~k, of th~ ':f:Io:~se,~~ted for John Ed;ar& Acl.: dicks. 1 Mr. Jenkins,, of .the. Hoµse, vo_tedfor. John Ed'W,ard,Addicks.

Mr: Jester,: of;the,Hous 7, voted for J;...lrving ffandy. Mr~ Kip.g, ofthe House; voted fen;.~eorge Gray;: : Mr. ~attomus,; 9f the __Hquse,: voted for.Hei:iry A. DuPont. Mt. McN ulty, (?fthe ,H:o_lJ.se,voted fat Geor~e G:ray;

Mr, ,O'Day, of th_eHouse, voteq .forL. Irving B:~ndy:

· Mri Pilling; cifthe House,}vas ·absent. . . iMr:R~berfsori, o'fthe House)v·oteclfo~ HenryiA.·.::6uPont.

' : ~- ~ ,· , ' '." . '. , • 't ',- : . ; ; • •-_ I • ' 1 ' o 1 . . ; • f " . · ; ,. f , • , > .: • '. i · 1 ; • ,· Mr. Rose, of the' House, voted for George Gray'. · . · · ·

)!.1•'',!:i. i,;•' '.,,,•I : ,.,'. · ':, '.' ••: '•·• '; \.:: ,'. Mr. Satterfield, oftli"e House, voted . for John Edward Ad- dick~ii:, .:·, ,:i' . ,' ; r:; ,: , ·:./. ;, ,;' 1 -· .. ·, ·, · . Mr. Shallcross, of the House, voted for George Gray. · 211 'Mr: S~ort,~ of.theHouse; voted for.John Edward Addicks. Mr. Taylor, of the Hottse, voted for George Gray.

Mr. Tharp, of the House, voted for John Edward Addicks.

• i ; ~ / I , ' '. ; '.; ' ·', : ' : ,'. \ ' • ' , , , : ' • . ' Mr. W aganion, of the House, was absent. ·::;1 . ..; . : ' Mr. West, .of the House, was absent. ';;,: ,1 .• ,,. ; ; i '.) .:f' ' ' .·: ·.·...... : Mr: Spealq~r,.,of the IIouse, voted. fo~ Henry A. DuPont. \ ' ' •' • ;, • • ' ' • •' ' '. • ' \ ,, I The vote as above ,ascertained ha~ing been :announced as follows: · · ·· · · ·

For George Gray, fourteen votes: ' For' J~hnlt'dward Addicks,' fifteen votes .. For Henry A. DuPo'nt, ten votes. For Joh~' H. Rodney, three'~6tes'.: For L Irv.fog Handy,' two votes: For Wm.'s. Hilles; one v~te. For Fra~~i~' G.D·t1Pont, ~he vote,: ··.· .. , Tot~l .nurnb~r of~ote~,: 46,

. The President pro tern: of the .Senate declared. .that, no .person having received a majority of all the votes casdor United Sta.tes $ena_tor~'... : ;,: · ··... ,,. ·'·::.> · There was no election.to said office. . . . . ' ·. .'. ,, . · . ·The joint'.rneeting .p\qc;_e~<;ledto a_nother ,ballot,:.· 212 .. The Clerks were dir~cted .to call the .rolls.of the respective houses, and the members, a.s their names were called,

Responded by viva voce vote, as follows, viz: . . Mr. Abbott, of the Senate, voted for John EdwardAddicks.

Mr. Allee, of the Senate, voted for John Edward Addicks.

Mr. Blakely, of the Senate, voted fo~ Francis G. DuPont.

; .. ·. :.. _.' . ' \ ·. : . '._ .: ' ; Mr. Brasure, of the. Senate, voted for John Edward Addicks .

. Mr. Fa~low, ()f the Senate, voted for George Gray:·

Mr. Hart, of the Senate, voted for George Gray. , .. 1 • ) . . ,', Mr. Knox, of the Senate,. y()ted.for Henry A .. DuP~nt.

Mr. Lewis, of the Senate, voted for J o~n H. Rodney.

Mr. Maull, of the Senate, voted for George Gray.. . •• ' • ,' • ' I • •' , ,·,r· i ' Mr. McFarlin, of the Senate, voted for Wm. S. Hill~s ..

' . Mr. Meredith, of the Senate, voted for George Gray._· ,-,, . ,. ' ..... ' . Mr. Moore, of the Senate, voted for George Gray. I •• • ' ' ' ' • Mr. Pennewill, of the Senate, voted for John Edward Ad- dicks. .·' · ·· · · · · ·

Mr,. Pyle, '°.{the Senate, \roted for John H. Rodney; ·

Mr. Shakespeare, of the Senate, voted for Henry A. DuPont.

. ' Mr. Slaughter, of the Senate, voted for George Gray.

Mr. President pro.te~n of the: Senate, voted for·George Gray. '·213

Mr. Buell, of the :House, voted, for.John Edward .Addicks-'

Mr. Bt1rt1s,of.the House,.'voted.for-Henry.A. Pul;'ont: -: ','. • I Mr. Cla:rk, of th~,H~m/>e,yqte.dfor John H .. Rodney:,,. •· - ··• •. ,. . .. • ,- • ,r. , •' ..• Mr. Conaway, of the House, was absent. . · . . .· · : <.. ·• • •' ,•' .• ' ' •, ,, ., .. ,; ••• '. '· • Mr. Cottingham, of the.Hpu~e,.voted.for G~orge Gray. ' • j • • '· ' • • • ·.•. ·,.,i '' \ \. Mr. Davis, of the. House, ·voted for John Edw:ar.dAddicks. '/ ( • •', ,I, ,' ,' . ''! •., '. '.,'.!': '' ,.. , ,',• ,I ' ' '.,.• Mr. Dennison, of the. House; vo.ted for. Henry, A. DuPont. ' ••• ••• ,• •• ·,, - ' ••• ''. • ,, , '· J :· ,. '- ', •

·.:Mr; D01iahoe,· of the House, Vot~cl,for. C~eo.rg~.Gray. • '. _J ,. • :·· ' ' • '" •··••••• ••• , . ' • · .. •, • Mr. Donovan, of the House, was absent.

,·.' J: '; . )··: ·.· ',; : ··:(': : ,.'!, .• '' ·. . '. '', '. ·,.'. :: . '. ' ... < . Mr. Ewirig, c:ifthe House; ·voted for Henry"A: D1.1Porit. ' • •·.. .r : ; \ ., ...• '' : _'"• ' . ; ': . ' : . . . . - . . ... _: ;· '' . ; ; ', •. . ' . . ~. ' . Mt: Faries, o'f the House, \,btecf for J6hh 'Edward iddicks.

' • : : • - : . -: : .•• ; •.. - ,- .• . '~- ,: • • • '. '.' i : ·~ ' .... ' ~ ' ', • . • , , ,· ' '. : . ' . • Mr. Frazier, ·of the House, voted ·for John Edward Addicks. \ .Mt .Ftizzell, bf ,the;Hdhse,. vot~ci.fo'r Jie~ry A.'DuPc:mt: ·.i . ~r. Hazzard, of the House; vdteci-'f?r Henry· 'A.:I>uP~n{ Mr. Hering, of the House~:voteHfor'johnEdw'arcl. Addfoks. Mr; 1Iittlie1{of tii~ Hdtise,was absent ... '. .... '.Mr:Hunfer/of the:House; voted;for John·:Edward Addicks., Mr. Hushebeck; of-the House, voted for John Edward Ad- dicks; ·· ;:.,.·.:r,., .. , .. ,:: ·.,- ... .:·:·'·

Mr. Jenkins, of the House,voted-for.John,Edwa~d,Aa.dicks.

Mr. Jester 1 ofthe· House 1 ,yoted:for' Li Irvifig-.Handy. r · ·.·': 214 Mr: King, of the House, voted for G~orge Gray .

.Mr. Lattomus, oft)le House; voted for Henry A. DuPont/

•• • • • r Mr. McNulty; of the Hartse, voted for George· µray: Mr. O'Day, of the·Houlie, voted forL. 'I~ving Hatid:y'.: ·

. . . ',· Mr: Pilling; of the House, was ab~bnt. .:: ;':' . ~- ',.' '.i ..'.'(, Mr. 'Robertson, ~f the·House, voted for Heiity. A. DriPorit.; Mr: Rose, of the House; voted for George Gray'.::,,' ' ., . ' Mr.Satterfieia, ·of the House,'voted for· John Edwafd·;4d.:. dkks. · · '.__ ; ' . •, ~ Mr. Shapcross, of the House, voted' for George Gr,ay;. .. , • ' ,, • ! • ,.' •I!,. Mr. Short, of the House, voted for John Edward Addicks.1 ·. 0 ' . •, ·. • . , • • • ' ' . .. • .... · '.; : .• : • '. . '.: • ' i Mr. Taylor, of the House, .voted for George.Gray ... ·: . . , . : . . .,,· · .. Mr:. Tharp,.of the.House, voted for John Edward Addicks ... . ' ·: . . . . . : . . ' ' .... ; ., .. \, . ; ..

Mr. Wagaman, of the House, was abs~nt. .. ,. . ' ...... - '''::; .·,:·. Mr. W,est, of the.House, wa.s absent.:: Mr. Speaker, of the House, voted for Henry A. DuPont.,.·· . ' . . ' .· .. ' ' ' The v.ote·as. abov~ as.certained ftaving .been,an.i:i9unc«:!c:J.a~ fql- lows: ·

For George 0Gray, fourte~~ vot~s ..

For John Edward Addicks, fifteen votes .. For·Henry A.DuPont,·ten·votes.· 2.15

For John:~. :Rodne:y, .thre~ yotes: :

· ··.For L. ~rving. Han~y, ,tw;9.:votes. i. :F~rWm.:'s'.:H,ill~s;.;6~

I :'.j,· · Total number of votes, 46, '. . , The Pik~fo~~fpro,·~eni 'of the ;s~~~te ·a~ci~red 'thafrio p~rs~n. having received amajority of all the votes cast forU riited States· Senator, · ··· ·· · · · · ··

'\,';· .There was no election to said offibe. . ·· I

1 , 0~ m~tion;~r JY.i:/'.F,~r10~,of .fli~·sen:ite;· :~hf.1:~oh8use~- separatec1, . ' ...... ' . ' . . . '. .. .

. And.the.members of the Senate returned to their chamber. • : :,·; ,,. ' ' 1··: '' .· .:•·;··,;·' .

..:,;1·

.····:\, '1;' ;:' 0S '.·, ··, '. ' .• : :,, . • , i'. 1 ... , . . . Senate me~ at expiration of recess ... , : '..;t . ''. ' ' .. ';:• ·1 ·.-·:._:_:·;.1;··: •:(:: Mr. Sha_ke~peare ga,.y<;!1,1otice. ~hat:on to'-.m~+.li9:W.o:t; s~m.y• future day he would ask leave to introduce a bill, · ·:,. ; • , . :.', :., .: '• ·• •.,; I •i .!. : ".; : . ,: SenateBill No. :t8, entitled· 216

''.An act provi4ing a State Board of Agriculture.;' ·

Mr. Sheppard, Clerk of the House, being adriiiH:ed, returned to the Senate the following duly and correctly. enr.olled Senate bills,_the same having been signed by the· Speakers ofboth Houses:

Senate Bill No. 2, entitled

"An act to authorize the school commissioners of School Dis trict Nb. 52, in Keht totinty, to borrow rriorteyt(ijki:y for a new schoolhotise .." · · '

Also Senate Bill No. 9, entitled

"An act entitled 'An act to amend Chapter 49, Volume2r, La,vs 6£ Delaware, by. providing an: Enrolling, Clerk· for~ach House of the General Assembly.'" · · ·

Mr. Maull, frohi the Commifr~e oh · Revjsecr Stahit~§, to whom had been. referred.the bill, ' . . . . ' . . House Bill No. 2, entitled

"An act to give this State jurisdiction of crimes commenced in this State and completed elsewhere,"

Reported the same with favorable recommendation.

On motion of Mr. Maull, the bill jpst reported

Was taken up for consideration, '. . . , ', And, on his further motion was read a third time by para- graphs in order to pass the Seiiate; · ·/Ori tHe questiorij "Shall .this billpass the Sen.at€?".:. :i ' . ; .,. ' . The yeas and nays were ordered,. wp.ich, on bein,g taken, were as follows: : · · · · 217 Yeas_:_Messrs: !Abbott, Alle~, Brasure, Farlow, Hatt, Knox, Lewis; Matill; McFarliri, . Meredith, ']\/[bcire; Pennewill, Pyle,' Shakespeare, Slaughter and Mr:· President pro tei:ri:..:..,,:16~·

Nays-None.'. So the question'.'was d.ecidgd i~ th{affir1native, ·

·· And th~ biti Ha~ing iJceivett th~ iequired. constit~tidnaJ'maority, · ·

Was·:: Concurred ·in: Ord~recl.ih'at the I-Iduse b·~info"tined i:her~of and; thf biff te-; turned to that body.

Mr. Mauli, from th~ Committe~ ' on. Revised',Statutes., to. whom had been referred the bi1i, · ':

_ House Bill No. 5, entitled

"An act.for. the PrbtecH~~ of. rri.a~ufactur~r~-a~cl:vendors. 0£·. mineral" :Water:s,porter; . . peer,: . . ale ·a~d . ·. other.beverages. . . . . , sold . in bott 1es, · · . . , , , : ..

Reported.th_e.~ame with favorable recomme~dation.

On motion of. Mr.. Maun, the· bill just reported

Was taken up for consideration, ·

Arid, on h.isfuhhet nfotiori · was read a third tiine by para:. graphs in order to pass the Senate; · ·

On the qtiestioh, "Shallthis bill° passthe Semi.te?.'r · · .

The yeas aridnays w(!J'e6rdered; ·which; on.bei:ng,take:n, were as follows: : ,_·· · · 218 Yeas--:-Messrs. Abbott, Allee, Brasure, Farlow, Hart, Knox, Lewis; Maull, Meredith, Moore, Pennewill, Pyle, Shakespeare,, Slaughter a11dMr. President pro tem-:-:-15.. : . · ._ . . , .. N ays----,None.

So the question w~~ _dec:ided.in th!! affirmative, ' . .f,.nd .the bill haying re~eiv~d t?~requir.ed c:<:mstitut~onalma-

·~~~ ', ' ,. ' ''' 'Was Concurred in.-

Ordered that the House be informed thereof and the bill re-, turned. to thafbody. ' i.· ' ' '' ' ' .

Mr. Maull, from the Committee on Revised Statutes, to whom had been r'e~erred_the bill;. '

House Bill No. 9, entitled

"An.act to amend Chapter 58,Volume 15, Laws of Delaware, increasing.the period ofextension by the'Governor oftheterm of indigent; 'deaf, dumb and blind in institutions·forinst:i;uctiori of such indigents," . ·• '···

R~ported th~ same' with favorabl~ recommendation.' On motion of':Mr'. Maull,'. the· bill· jtist reported .

Was taken up· for consideration;

· A11d, on his fijrther µiotion was read a third .time by para- graphs in order to pass the Senate. : ·

On the question,· "Shall this bill"pass the Senate,?" .

.·. The yeas a,nd _nays.w¢re; qrdered;-,whi.ch, qn being taken were

~~~: ' ' 219:

· Yeas0 ;-::-Messrs.Abbott, Allee, Brasure, Farl~w~ Hart, Knox, Lewis, Maull, Meredith, Moore, Pennewill, Pyle, Shakespeare. ' Slaughter. and Mt:,Presideritprdtem'-'-':-t5·~ ,., ; :.,,;: ,,, ;

Nays-None. So the question was decided in the affirmative, ·

. ,And the bill having received the requir~d constitutional ma- · · jority,

Was Concurred in.

.·.,.Ordered that the House.be informed thereof and the bill ·re tumed to that body. Mr. Pyle offered the following Senate resolution:.

"Resolved, That the Senate visit Farnhurst on Thursday af- . ternbon, Ja.nuary 26th, to leave Dover on the 3.35 o'clock P. M. train," ·

Which, on his motion, Was reaq.

The yeas and nays were_ordered, wliich, on being taken, were· as follows: Yeas-Messrs. Abbott, Allee, Brasure, Farlow, Hart, Knox, · Lewis., Maull, Meredith, Moore; Pennewill, Pyle, Shakespeare, Slaughter and Mr. President pro tem-15. Nays--'-Npne. So the question was decided iri the affirmative,

And the- resolution _having received the required constitu;. tiorial majority, ····- Was Adopted. }',. On motion Senate adjourned until II o'clock A: M:;to:.mot.:.: row; 221

Tuesday, January 24th, 1899-rr ?'clock, A. M. Senate m~t pursua~t to adjournment.

Prayer by' the· Cha~lain~

. Roll called. . Members present-Messrs. Abbott, _\llee, Blakely, Brasure, Farlow, Hart, Knox, Lewis, Maull, McFar lin, Meredith, Moore, Pennewill, Pyle, Shakespeare; Slaughter. a~d Mr., President, pro tern. ' Journal read and approved.

Mr. Sheppard, Cler!<:of the House, being admitted, informed the S~nate that the House had concurred ih the .following Sen- ate joint resolution: '. ' · · ·

Senate Joint Resolution No. 9, entitleq "Senate joint resolution :urging-the Congress of the United States to provide a channel of the depth of thirty feet in the Delaware river," .. : , . · . '

And returned th'e same to the Senate/· ·

. _Mr. Sh;eppard;·c1~ik'qf.ihe}iot1~e·,beirig admitted, info;med . the; Senate that the Hc:)l.is~·had adopted arid requested th~ con curr:ence ofth~ S,enat~ it the follciwil)g House joint resolt1fion entitled •, . ·. ' .. ' .. . ' '. . '.. . . ' ...' . . .. '

· "House joil)t resolution requestiqg the Senat_e .of the United States tp approve th~ treaty 9£ peac~ b~tween the United St.ates of America and the kingdom of Spain," . . · · And presented the same to the Senate. Mr. Abbott offered a resolution authorizing the committee on printing to have printed five hundred copies of the "Report of the State Board of Education," Which, on his motion;

! /. 1 :' • :. :.i' . ; ) ·, ·1 .. :,.: ~:-; ~ '.; •.. ·. 1 •l:.:: /'·,,.,,'.:i' Was read as· follows:·

'r: •' ;! ) {: •;.; •' ).: ~: '', ,; :,,: :: , : \~: j •/·: )j"1 l : '.L '. :·:. ·• ; ';, "i.: J "Resolved, That the committee on printing of the Senate be and is hereby authorized to have printed; for' the; use ofl the members of the Senate, 500 copies of the Report of the State· · ·:(-BOard.of~Edtlcation/'(; :;.:·.~·. ,· : ...;, .. :~·..

_. •• < . .",; ·:· :f ,,:·:;;'.; '· :.·,: . :'!',] ,': ··And,'on·.his(m:ther'.in~tion::;, ,':· ·.·, .·,·,., :; .•.. ._: .. c

• , ,' \ ' :;,_f 1.i • '. f I , •. I_..~~'•,'·,:•,'~ ,· , , • , , •, The yeas and nays were ordered, which,'on being taken, were asfollows: f,.' ',!'_:·: :}. : "·:~.i~ l _·.· .' > ·:Yea.s~Messrs;.Abbott; Allee, :Brasttfo, F;:trlow,,,Hart,. Knox, . ·Lewis; Maull., ..McFarlin, Meredith, . .Moore,;: Peimewill, Pyle,_ ·Shakespeare, Slaughter and Mr. President-pro :tem-;-,-:-I6.;

Nays-Mr. Blakely~:i: ..·.· , ,;',-• ;;(u;,_;, •. _:;: ,:,i.::i_ ,.,:,, :so. the.question.was• dedqed: in,the affi~mativ;~,::,i ·:·: :,· ;: ·• ; .. :( ~-.J :f:J1 \; '. ,.;,, } : ;' !;•;;-•_;;':-: '.~ :if:.~/; 1·~;t._,; :-: ,. And the ·resolution ·was 0 •• ;:, if,Aqqpted.,

. The report of-the St.at~;,l?oar,~ o( f4~<:=a#<;m,follp}Ys :; , 1 ; i

• ';I,1;1. at;c0.r4r-n,~~\:w;i~h-F~~.PfOyisip~_s.9£$~~t!on.,~.?f-~?~ ,A.ct en ." title_1i;"/\n, AEt, ,~o:~cerr.i,1n~:the.! E:~t~~lts~me,htj,o.f;a,. Gene,r:al .. , System of ,F;r~ef_t19l~c-~~.li?

. : " ·. ·. . . "· ·' ', ' •... . ' . - '.·.; As req1.1ir.ed'pyH:iw; the- State Board· of:Education held• its 'first · iheeting at the office' oHhe State Auditor 'itf Dover-, 'on ·Satur day, June 25th, 1898. · ... ·' ·' ... ' " ,: : /:: ·' • ;::·;,. u · ·223 Upto the making of this report, th~ Board has held three stated meetings, and six special meetings. . . Owing to the fact that the present Board· differs so widely · from all preceding Boards, both in its constitution and its pow ers, in conjunction with the extreme scantiness of materialand data on sc:hool matters left by such former Boards, it was deemed expedient that the present Board should make an en 'tirely new beginning in school work for this State. Much of the · seven months which mark the brief existence of this Board has been consumed, therefore, in the labor of organization, an'd in the formulation of plans of work.. ·· · "

This Board is convinced that its first and most important duty is the collection and compilation of reliable facts. arid figures showing; the' present condition of our schools as a whole. · It is manifest that no general good can be secured to our schools until their needs are thoroughly known and understood: This · knowledge may only be gained through a1.1thentical school data · and statistics. Such data arid statistics, howev·er, the Board finds to be deplorably lacking. The result is a surprising igno rance throughout the State of the condition of our schools generally.. · · ·

It is a fact that in the great majority of the school districts, three-fourths of the annual expense is directly borne by the State through the school ercentage · . of iUiteracy amqpg ,either the citizens of this .State;· ?r the. child ren of s<:h,ool age, nqr whet~1e~ sucli per<;:eritagejs on thefn-. · ~rea1>e?r ,decrease; µor, further,,.as: t() the :pe.rce~t~ge of childr~µ . n.ot t.~lp11gaclv~11tage of the free edµ<:ation offyre~. ~y th~s Sta~e. . .. Uncle~ tbes~ c~~dttion·s, 'the pres~nt. ·Bo~r~: h~s cbmpiled a series of blanks, to be immediately circulated tliroughotit the ,State, .vvhicli, when .properly filled in, w;il}..fttfrJ.j~h, it is hoped, .·~qrn,plt;teand.accurp.te information .upon aJJ,.points and_iJil:).tters ,ne.cessary .for a. thoroµgh ~p.qwli:!qge of .school. co.nditkip.s .a~d . schoql '9eed.s. :The pres_ent law: would seem to. give 1ample po:w >er, to)h~ B()ar

· A11~ih~~ ai~ of 'the Board is to rai~e,' g-radu~lly, _.th'estand arcl of qualifications for the teachers in our free schools. Del~ , ?-W~restHL ~tJffei;s th,e great hardship. of h,avi11g'n9 State ,Nor .. mal Sc~o.ol~ toJm~.Hfy ·?,n 'arecompell,e~ to .r.eiy .e~#rely ti pop.the 't~ayher's : ;certi;fi,~ate9J?ta.in,ed, o,n e~aminc1tion (µever c!,11friti,rely sl:).tisfa.c tory test) PY:the Co~nty ;~up~rinten_dent. ·.For fpis ;reason,Jhe :J3.oardhc1.~, thrqugl1-; C>q~of its C()mmittees, c~r~h,1py.e~.~miJ1~d ::i.ll·C>fth~ qµestion:s giyen py the tllree S11-perinteridel}ts:itieyery

~xaminatio11 pf t~ach~rs held sipc~ the p1c1.ssag~ofth,.ej>resent · sc,hp()l la~, ::i.ndfl?.ade such cha11ges in, and, aq9-itj611~to th.ose quest~ons as .to it seemed,proper .. .It ha~, ,moreqver, addeq bot ·.ary and dra,wing. to. the. Fst of. subjects µpo,n: w~icfi tea'.ch~rs . must be ,exami11ecl.. Iq .~ !:;tat<:!.)ike.Dela:.Vf1f~,'. :tp.e ·greM 1.#a .j,ority. of whqse ~itize11sis .devot_ep.to, qr' 4~a~end.epJupqn c!.gri ;, cultµral pursu~~s, th.e i:rµppr.tan.c,eof W}tBJ:.<:!:~ork )p Ot}r fr~e . ·.ssh,opl~mu.st P~;.strjl~ingly f1ppar~11t;~n4Ar~w.J11gjf,,;of n~f.,~S-. ,.225

f~ty; .tl1.e~,n~illflry V~ thi~ wor~.'_.' 'f~e Boar<;!.q.11ppt .<:c~~peJthe mtroduct1on of these tw:o .subJects m .our schools, but 1t.cJ,t l~ast can see that the teacher shall be qualified .whenever the focal · Fommis,sioners. s,hall, realize their .vast importaµce. . ' .,,_ •• , .·,.,; ••••• f • •• • • :. '. •• . ' N ~~t to acap~~le :~facher, the latest and ?~sttext book~·, are · .Pf the greatest importance to a 9cho()I. 141s State furmshes .be>o~s~tei to'th<:!'pupilsof her schoo'ls .. It is not only a private but also a public interest, therefore, that tliese books should be the very best. Nevertheless, when this Board began its labors 1 undel:' the ,law, iUqund t4e· St.ate Ii.st remarkap\e for its .inclusion ·· o,f a gr.eat ·nu.i.nber of,thepoorest, Ouf ~£,date schoql books, and foritsex~lusi'o~ of. very many of ,the best and latest puplic_ations. At 'the Hmeqf the w1ssage of the pres~iit sG}jqol la~;the Board :of. Edu'catiori; theri ·existing, was. considering. the addition· of a ·,suppler1ental'li~t'.of bC>oks,bptowing to the'fac.t .that.the law at t_hatthji.e .se~nj~d (to forbi,d suer, a~tiort, 11,09-efinite steps were tcJ.ken.. The pi.·esept B.oard, ,by virtue of the 'provisi'ons of the flew' .ischpof lc),W,h~s; it l)el1eves, ll10St nw.teriaJly it11proved the state'list by adding a' large ii.umber of text books. qf the most a:p- 'proved and. recent' publicatio11, The fa~t that these c1dditions ~upply a'r9rig.'and ~e¢nly felt n,ee.d.in ·?rr.:ssh?_oJ~,:is l?or~.e ()t;t ,b7tBe, ~ftl()n pf the. h?c.cJ.Ictt~tl19r1hes 111 ne<;1rly 1f n_ot cJ.I~of t~e . d_1stnctsm ,the Sta~e m adoptmg these 11ewppoks for u9e m their 6~1is~ljopl.s. · · · · · · · · · · : ·

·.• The rmpqrtcJ.n,ceof this work o{ the Boai-dwill be bette~ ·ap preciated' 'wher1'it is hndetstood . th.at the .. n_~w·'a:nd improved books cost, in the main, no mote than the poor Ones formerly . qn th,e Hst. )µ pth,er :words, Delaware has for. years been. paying ·.'fir~f r.ate '.i?ricesfor. s~~op.4':. rat.e !>choql· 1:iob}<:s. ·.· 'on 't4¢ ·other ''hanq.;· tl1e vital i111portai:iceqf ·' t~is .step to th~ childr.en of -the . State, :will,b,e .at.once apparent. tq c1.ny011.e eyen .slightly' cogniz- . 'ant of the wonderful a:dvance durin'g .. the. late ..years' iri text books. The State list stiHcontains, however, many'pooks which the Board'does not approve; .-This class of hooks was suffered to remain on th'e list. owing to the fact of c.ertain allgged con- fra~tse~teted into' 1b-y'former :13.oa'rdso,f Education with certain · .'::.:-','is$·_,-··.·,·.,, hqol,<:\com parties, .which...,·: ·cqntract:s..·.,.·.·.,· ..·_ ·have.... ·.:· ·not.. :.· . yet .::, ...e).{pire·o.:,,- ... When 226 the time fixed by these supposed contracts shall expire, the Board hopes to further cleanse the list.

The Board has considered most carefully the advisability of recommending changes in the present school law to this Gen eral Assembly, but with the excc;ption of the two suggestions which conclude this report, the Board is strongly of the opinion that further school legislation at this session would be most un wise.

The last preceding General Assembly at its adjourned session in 1898 expended much time and attention on the matter of formulating one complete statute covering the whole school law. Previous to that time, the school law of this State was composed of a long series of separate legislative acts running through all of the volumes of Delaware laws. An accurate knowledge of the school law then required the possession of most of the volumes of statutes and an intellect capable of con struing apparently inharmonious provisions enacted by differ ent Legislatures. The bare fact of having the whole law upon the subject of free schools embraced in a single volume, system atized and harmonized, was, therefore, a most decided advan tage. To return now to the old plan of legislative patching would, in time, completely undo the good work of the last Gen eral Assembly. When the Board and the people generally are in possession of reliable information concerning our schools as a whole, it will then be time to consider the advisability of radi cal changes in the present law.

Acting under these convictions, the Board makes but the two following recommendations. It will be noted that they are not so much in the nature of alterations as additions, leaving en tirely unaffected the law so far as regards the schools generally.

RECOMMENDATIONS FOR LEGISLATION.

1st. The State Treasurer has now in his hands about twenty nine hundred dollars, which the late State Treasurer set apart for the benefit of the schools for colored children in the city of Wilmington. Owing to the fact, however, that the present 227 charter of the schools for white children in that city does not seem to authorize him to pay over that amount to the School Board for the benefit of the schools for colored children, those schools have not received any advantage from the amount in question. It is deemed proper, therefore, that an amendment to the charter of the schools for Wilmington authorizing their Board of Education to receive this amount as well as such dividends of the future, should be passed. 2nd. The Board calls attention to the facts set forth in the re ports of the County School Commission for Sussex County and of Superintendent Tammany appended hereto, concerning ape culiar tribe or race of our citizens known as Indians or Moors, located in Indian River Hundred.

Under the conditions as detailed in those reports, it would seem but wise that the Commission for that County should be authorized to lay out a school district or districts for this race or tribe, and that the general school law should be made applicable to such districts when so laid out. EBE W. TUNNELL, President. DR. B. L. LEWIS, Secretary. J. H. HUGHES. DR. GEO. A. HARTER. ELIAS N. MOORE. HENRY RIDGELY, JR. HENRY A. HOUSTON. December 29th, 1898. SUPPLEMENTAL REPORT OF THE STATE BOARD AS TO THE WORK OF DELAWARE COLLEGE IN THE FREE SCHOOLS OF THIS STATE. Although Delaware College has no organic connection with the system of free public instruction in the State, she can exer- 228 c'ise her widest usefulness only through close relations with the schools. Her instruction is offered free of tuition to all th_eboys of the State, and when the schools bring up their work to meet her requirements, an open doorway to complete collegiate training is provided. Preparation for college work demands . good mental habits and some maturity of powers as much as specific attainments. In the performance of her full duty in the promotion of the intellectual and moral welfare of the State, the college has work to do outside of her own walls. The col lege has gradually withdrawn concessions that have been made to the schools in the way of accepting such conditions as did not entirely unfit candidates for undertaking her work, and the schools have responded by meeting the college in each position of her steadily advancing requirements. At no time has the col lege felt it right or necessary to ask for a fitting for her work that did not at the same time furnish the best preparation for the pupil who intended to end his training at any stage of his school course. Our schools cannot maintain two courses; one for those who intend to go to college and another for those who do not. Such an arrangement is neither necessary nor desirable.

The habit of observing, comparing and reasoning; the power of sustained attention; an inquiring, alert and willing mind; a good knowledge of the fundamental subjects taught in the schools; and above all a taste for good reading and a reasonably ready command of good English as an instrument for the inter pretation and expression of thought fit the possessor for the im mediate beginning of life's duties as well as for the pursuit of higher training. The college, while endeavoring to establish relations of mutual helpfulness with the schools along all lines of work, has made special efforts to be of use in helping the schools in the direction of English Composition and Nature Study. Last winter through the kindness of our newspapers, she was able to present a series of articles intended to help the schools in English Composition, and at .a number of schools, our scientific staff gave lectures and model lessons in Nature Study.

The Nature Study movement promises to do much to add life and interest to the school, and by awakening all the activi- ' 229 ties of the child will certainly contribute to the healthy drawing out and unfolding of the mental powers. Nature Study does not propose to study nature from books, but from nature di rectly. Putting books about nature into the hands of the be ginner is fatal to true nature study. Nature must be studied at first-hand. In the language of the greatest living writer on edu cation, "When books are introduced, nature flies out the win dow." The introduction of Nature Study will not add to the burden of the teacher nor impose new duties upon the scholar, but on the contrary will bring new life and purpose into the school room. It is believed that the college may assist in giving life and direction to this movement. Preparations are now making to offer to the schools of the State lectures and lessons in Nature Study by the several workers in natural science in that institution. It is proposed to have these men visit such schools as may desire them and give illustrative talks and les sons upon various nature subjects. This work has already been begun this winter with gratifying results in several of our schools. The expense of the work will be borne by the college. In order that the work may be made as effective as possible and may be carried to the places most needing help, it will be under the direction of a "Nature Study Council" of which the mem bers are the President of the College, two members of the Board of Trustees of the College, and the three County Superintend ents of Education. The work will be begun early in January. The limited amount of time at the disposal of our already busy staff of workers is the only thing that may prevent their re sponding to any demands that may be made upon them. EBE W. TUNNELL. B. L. LEWIS. J. H. HUGHES. DR. GEO. A. HARTER ELIAS N. MOORE. HENRY RIDGELY, JR. HENRY A. HOUSTON. 230

THE FIRST ANNUAL REPORT OF THE COl.JNTY SCHOOL COMMISSION FOR NE\,V CASTLE COUNTY.

To the State Board of Education: The first meeting of the Commission was held at the office of H. C. Conrad, Esq., in the City of Wilmington, at ten o'clock in the morning of June 7th, 1898.

The first work of the Commission under the law creating it, was the division of New Castle County into school districts for colored schools. At this first meeting, twenty-five of these dis tricts were laid out by the Commission, number from 103 to 128 inclusive.

The next meeting of the Commission was held on June 29th, at the same place, and changes in the boundaries of two districts were made.

The date for elections in the districts laid out by the Com mission was fixed for July 16th, and printed notices and instruc tions were ordered prepared for distribution among the voters.

On July 25th another meeting of the Commission was held; and returns of the elections in all of the new districts save four were received. On request, the boundaries of the Marshallton district was made.

The Commission has held three other meetings, to wit: on August 8th, September 8th and December 6th.

Besides giving full instructions to clerks and school officers in the new districts laid out by the Commission, certain disputes in other districts were held under consideration.

At the meeting on August 8th, the Commission was peti tioned in writing to settle a dispute which had arisen in school district No. 84. The parties in interest being present, a hearing was given both sides. 231

The complaint was that after the regular annual meeting of the school voters was held and kept open for more than one hour, the balloting for a school commissioner resulted in a tie vote. That then a riot was threatened, on which the meeting was adjourned by vote to the following Saturday. Notwithstanding such adjournment; Bernard Duross, holding over clerk of the' district, called another meeting on the same afternoon, and de clared a commissioner to have been elected at such meeting.

After a full hearing from both sides, the Commission were unanimously of the opinion that the clerk had acted unlawfully in the premises, and that the adjourned meeting and not the special one called by the clerk, was the valid and legal meeting for the election of a commissioner.

The Commission feel that the present school law should not be changed at present. It is of opinion that more time is neces- · sary in which to determine in what regard alterations in its pro visions may serve to improve it.

Owing to the work of laying out the districts for colored schools, the Commission has not yet had time to visit the schools for white children, but it has set apart this as its work for the immediate future. ELIAS N. MOORE. ANDREWS. ELIASON. ARNOLD NAUDAIN, JR. December 22nd, 1898.

REPORT OF THE COUNTY SCHOOL COMMISSION FOR KENT COUNTY.

In accordance with the provisions of the present school law, the County School Commission for Kent County held its first meeting in Dover on the fourth day of June, in the present year, at the office of Henry Ridgely, Jr., its senior member. From that date up to the making of this report, the Commission has held six meetings, .. 232

The first work of the Commission, as fixed by the school law, was the laying out of Kent County into districts for colored schools, and up to the present, almost the entire time and atten tion of the Commission have been consumed in executing this duty, together with that of explaining and instructing the newly elected commissioners for colored schools as to the provisions of the new school law.

This task the Commission found to involve no small degree of difficulty and perplexity. The fact that every square foot of Kent County must be included in some district, and yet but thirty-two districts created (that being the number of schools for colored children then existing,) that there were no old dis trict boundaries to serve as guiding lines, and the unequal dis tribution of the colored population over the ccunty,-these were among the most important obstacles in the Commission's path.

As the result of its labors along this line, the Commission laid off by metes and bounds thirty-two districts for colored schools, Nos. 134 to 165 inclusive, and school elections have been held and a set of commissioners elected in each of the said districts, according to the"1lotice and instructions of the Com mission.

The work of the Commission in this regard has been but too recently completed to be as yet thoroughly tested, but the al most entire absence of complaint presented at any of its subse quent meetings would seem to bear witness to its general satis factoriness.

In this connection, the Commission acknowledges the in valuable assistance of the Reverend W. C. Jason, President of the State College for Colored Students. Without his aid, the work of the Commission in the districting of the County would have been tenfold more burdensome, and far less satisfactory.

The fact that, owing to the lateness of the passage of the"pres ent school law, the elections in the new districts for colored schools did not take place until the month of August, coupled 233 with that of the entire novelty of the duties imposed upon the colored commissioners by that statute, have placed the colored people under no slight disadvantage in their work for this school year. The marked appreciation which these people have displayed of the privileges conferred upon them by the consti tution and the law, and their painstaking interest in all school matters, are most encouraging signs for their successful work in the future.

The Commission as yet feels insufficiently informed to make any positive recommendation as to further legislation regarding colored schools. The crying need of the race is school houses. Scarcely any of the buildings now used for school purposes by these people are owned by the districts, and in every case un der the notice of the Commission, these buildings fall short of even the decent requisites of school houses. In some instances, the crowded condition of the school room, owing to the small size of the room, is really appalling, and in many school rooms there are by no means enough benches and no desks.

The extreme inequality in the distribution of the colored population over the county, has rendered certain districts sub Ject to yet another hardship. For illustration, Dever, with its average attendance of over one hundred and fifty colored pu pils, is entitled to but the same dividend, and can raise, without a vote, but the same sum by taxation, as any of the thinly set tled districts. In other words, Dover has to run two schools, and pay two teachers on the same money as does another dis trict with only one poorly attended school.

So much of its time having of necessity been consumed in the matter of colored schools, the Commission thus far has had but little opportunity to acquaint itself with the condition of the schools for white children. This will not be the case in any other year. It proposes examining every school in this county by personal visits of at least one of its members, with the view of collecting reliable data and statistics concerning school mat ters. There is, however, one very striking disadvantage with our present school system generally,-that lack of uniformity in ad- 234 vancement and progress among different districts. Some of our districts have made surprising advances in school work, while others lag far behind. It is almost literally true therefore, that even with the free public schools of this State, the educa tion of the child is dependent upon the accident of its birth. The child born in one of the progressive districts receives a far better education than one born in another district. Yet the State is equally mindful of the welfare of both, and has con tributed for both an equal amount of money.

Doubtless this condition of things has been brought about, in some degree, by the indiscriminate cutting and changing of district boundaries in past years. The fact remains however, that in many instances, the school district of to-day is an arbi trary inequitable division of the county, controlling the oppor tunities and advantages of the children of our State. HENRY RIDGELY, JR. HERMAN P. HAZELL. JAMES F. ANDERSON. December 8th, 1898.

THE FIRST ANNUAL REPORT OF THE COUNTY SCHOOL COMMISSION FOR SUSSEX COUNTY.

To the State Board of Education: The School Commission in and for Sussex County, pursuant to the provisions of Section 1, Chapter 67, Vol. 21, Laws of Delaware, respectfully reports:

That the said Commission, pursuant to the orovisions of Section 3 of said Act, held its first meeting on June 4th, in the Sussex County Court Room for the purpose of organization. Two further meetings were held on June 6 and 9 respectively.

The first work of the Commission was that of laying out Sus sex County in districts for school for colored children. In this task,the Commission was materially assisted by the valuable in formation and advice furnished by Superintendent Tammany, and other prominent citizens of this county. 235

As a result of its labors in this direction, the Commission laid out and divided the county into thirty-two proposed districts for colored schools; that number being the number of colored s.chools then maintained in Sussex County. These districts were numbered in continuation of the districts already laid out in the county.

Full notice and advertisement of the metes and boundaries of the proposed districts was given by the Commission.

At its subsequent meeting on June 30th, the Commission en tertained petitions to alter certain of the proposed districts, and after such petitions had been acted upon, the districts so altered were finally adopted as the districts for colored schools in Sus sex County.

Elections in said districts were held subsequently under or der and direction of the Commission.

Meetings were also held on July 21st, and September 8th. Much time and labor was spent by the Commission in instruct ing the newly elected committees in the duties of their offices.

Further meetings were held on December 8th.

The Commission have considered and acted upon a number of petitions for transfers from one school district to another.

The Commission would respectfully make the following rec ommendations:

1st. As the schools for colored children in some of our larger towns, employing but one teacher, have enrolled and in attend ance as many as one hundred pupils (a number much too large to be instructed and disciplined by a single teacher), it is sug gested by the Commission that the General Assembly be peti tioned to make provision for the division and incorporation of said districts in such cases as it may be deemed necessary, and under proper restrictions and safeguards for the protection of the other schools in the event of this privilege being abused, so that their appropriation or dividend of the school fund may be 236 increased to such an extent as will enable them to employ an assistant teacher, and establish therein a graded school, to be regulated and governed in the same manner as are the schools for white children in the larger towns.

2d. As there are a large number of people in Indian River Hundred known as Indians or Moors, who neither affiliate nor associate with the colored people therein, but have established, maintained and patronized schools for their own children, which schools have heretofore been supported in part by the State, but which now, under the provisions of the new school law, are left wholly without assistance from that source, with· out which they must be closed and abandoned.

And these Indians claim not to be colored people, within the meaning and intent of the law, they being more intelligent and prosperous, and apparently of a different race and color, and as they do not patronize or receive any benefit from the schools for colored children, and are not taxable for colored school pur poses, it is suggested tnat provision be made for the laying off and dividing of Indian River Hundred into districts for Indian schools, and that the same have all the rights and privileges and be subject to the same rules and regulations as the colored schools therein.

3d. As some of the school districts for white children in this county have been weakened and their limits contracted from time to time by the transfer of land to adjoining or contiguous districts so that the school taxes of the owners thereof might be reduced, whereby these small districts have been weakenea and impoverished to such an extent that it is not only a great hardship upon the school taxables therein to raise by taxation or subscription the sum of sixty dollars so as to secure their dividend of the school fund, but in many cases almost impossi ble, it is suggested that upon the petition of the School Corn - mittee of any such impoverished district, setting out the tax rate and number of pupils in their own and adjoining districts and such other information as may be deemed of importance, t!ie County Commission be empowered, after due notice to the par ties to be affected thereby, of a time appointed when they may be heard, to transfer land from the adjoining districts to th~ weak one and built it up, so that the tax rates and number of scholars in all of them affected may be more equitably appor tioned and distributed.

4th. That as on account of ambiguity in the law, and a re cent decision of our Superior Court it is not known whether a school cfo:trict in its corporate capacity, or the members of a school committee as individuals are liable for the payment of the salary of a teacher whom they have employed to teach the school, and; without cause, have prevented from complying with and fulfilling his part of the contract. And as it is due our teachers that they should have the same protection in their busi ness relations with the school committees by whom they are employed as persons in the ordinary walks of life; that their contracts should be held to be of the same force and effect as those of any other person, and that they have access to and a mode of redress in our courts of law for injuries and wrongs sustained by them, it is suggested that the school law be amended so that school districts shall be responsible in their corporate capacity for the acts of their officers, and be made amenable to the general laws regulating other corporations; that the employment of teachers be by contract in writing, which contract shall be in full force and effect from year to year until revoked bv the written notice of the School Committee before a certain' fixed time, and also that it be determined whether a teacher can be employed by the Scho0l Committee then in office and before the annual school meetmg held on the last Saturday in June, to teach the school during the following school year.

5th. You are also invited to consider the expediency of hav ing the School Committees immediately upon making their an nual school assessment transmit a copy thereof, and after it has been settled a list of the alterations made or a certificate that there has been none, under the hand of the clerk, to the County Commission, which may thereby not only become acquainted with the financial condition of each district and ascertain the number of school taxables therein, but also be better enabled to establish and maintain a more equitable school tax rate throughout the county, and prevent fraud and mistakes being made in such assessments. Such information as this would 238 very greatly assist the County Commissions in acting upon pe titions for the transfer of land from one district to another, and also in laying off and creating new districts. HENRY A. HOUSTON, ROBERT H. RICHARDS, WOODBURN MARTIN. December 22d, 1898.

REPORT OF THE SUPERINTENDENT ·oF FREE SCHOOLS FOR NEW CASTLE COUNTY.

To the State Board of Education: Gentlemen :-The following is a report of the schools of New Castle County:

I believe that one of the most important duties devolving upon a Superintendent who has charge of rural schools mainly is visiting the schools. The wisest plans that he may evolve or the most skillful schemes that he may study out in office are only too apt to be overthrown by the first touch of nature in the child. It is with the intelligent co-operation of the teacher in the living, working schoolroom that he is to perfect as far as possible those plans that are to add to the efficiency of the school work. It is here too, that he can best aid his teachers bv skillful observation of their work and by kindly suggestions that will lead them to better and more skillful methods.

The rural teacher has little or no opportunity of visiting other schools whereby she may strengthen her own work by observ ing that of others. She is consequently deprived of very mater ial help, for there is hardly a teacher who does not excel along certain lines. It is the duty of the Superintendent to observe these excellencies and to spread them among all his teachers, to carry whatever is best throughout his entire district. He is the vital nerve that brings to bear in every school room the con centrated efforts of all his teachers.

To this end I have spent as much time as possible in visiting 239 the schools of the county endeavoring as best I could by close observation and kindly suggestions to encourage, help and strengthen the teacher in her work.

In my first visit to the schools I observed many cases in which classes were very proficient in one or more studies and very deficient in others. This condition of affairs I am glad to say has entirely passed away. I also noticed that the work done in the primary grades was not as strong as that in the more ad vanced grades. Primary work is fully as important as any other both from the fact that a good foundation is necessary for future good work and also from the fact that many pupils leave school as a comparatively early age. This work has been grad ually strengthened until it is at present equally as good as that in the higher grades. But improvement has taken place not only in this but in the entire school work. In the last part of the school year nature work was taken up in a systematic way. While as yet not much has been accom plished a fairly good start has been made. It is intende_d that this branch of study shall in the future receive a well defined place in our school curriculum. Important as it is. it becomes doubly so in an agricultural community. In order to promote and strengthen this work our State College has offered to help and co-operate with the teachers in every way. It is now ar ranging for a series of meetings the object of which is to give the teachers such instructions that they may be able to teach nature study in their schools in a systematic way. The school houses throughout the county are generally in a good condition, many of them being efficiently equipped with apparatus and appliances. There are some few. however, that have not sufficient black boards, maps, etc., but considerable improvement has been made during the last year and the schools are generally very well equipped.

While the Teachers' Institutes in this county have been pro ductive of ever increasing good results, yet it is not to be ex pected that the work of the Institute is equivalent to the work of the Normal School or the School of Methods. The time is too short for extended work. For those teachers who desire to 240 make a more thorough study of the aims and methods of teach ing this county has for three years joined with Kent in a Sum mer School of Methods which has been held in the latter county for some years past. The number of teachers from this county who have attended this school has not been lar2"e, yet it has been increasing year by year. The result is that throughout the county there are schools in which better and stronger work is being done.

Teachers' examinations were held the first of January and the first of July. During the year there have been issued 28 first grade, 85 second grade and 18 provisional cert1ficatt,;. -

The certificates issued in the county that have not yet run out are 53 first grade, 85 second grade and 18 provisional.

During the fall I have visited most of the colored schools. The work that is being done in these schools is in most cases very good. Many of the teachers are graduates of Normal or Training Schools and show special aptitude for their work. As a rule the school houses are in poor condition. School is gen erally held in some church in the neighborhood and the pupils have only the church benches for desks.

All the schools are supplied with blackboards, but there is a general lack of maps; however, the commissioners have an nounced their intention of supplying all needful appliances at once.

The commissioners of these schools, although their duties are new to them, have shown an interest which is highly com mendable and have endeavored in every way to supply all the wants of the. schools . The great need is better school houses.

The people are desirous of securing better buildings and there is reason to believe that in the near future several new school houses will be built.

Much of the good results that has come to these schools un- 241 der the present law is due to the earnest efforts in their behalf by the County Commissioners. They have succeeded in start ing the schools under their new management in a very success ful a!"ldsatisfactory manner.

I would recommend that the part of our school law which enables applicants to receive provisional certificates be stricken out. I have found in my experience many cases in which ap plicants after receiving provisional certificates, have been un able to obtain second grade. No applicant can obtain more than one provisional certificate. The result is that those per sons who obtain provisional certificates and, who are there fore, the least qualified to teach are placed on an equal footing with those having a more general knowledge. It seems to me that persons without experience should be at least as well versed in general khowledge as those having experience. Yours respectfully, WILLARD T. SMITH. Delaware City, Dec. 20th, 1898.

STATISTICS.

Table No. 1. \Vhole number of school districts ...... 117 Number of single districts ...... 74 Number of united districts ...... 43 Number of schools in operation ...... 86 Number of teachers employed in schools ...... 123 Number of teachers holding certificates ...... 156 Number of pupils enrolled in schools ...... 4731 Number of males enrolled ...... 2433 Number of females enrolled ...... 2298 Average daily attendance of pupils during year...... 277I Average daily attendance of males ...... 1398 Average daily attendance of females ...... 1373 Average age of males ...... 11.13 Average age of females ...... I0.8I 16S 'Estimated number of pupils in County between 6 and 21 years of age ...... 5029 Average monthly salary of male teachers ...... $45.05 Average monthly salary of female teachers ...... 32.22 Average length in months of school year ...... 9.63 Number of books in school libraries at beginning of year 237 Number of books added during year ...... 117 Wilmington not included. New Castle not included.

Table No. 2.

Colored Schools. Number of school districts ...... 25 Number of schools in operation ...... 25 Number of teachers employed ...... 27 Number of teachers holding certificates ...... 35 Monthly salary of teachers ...... $26.00 Length in months of school year ...... 8 Amount paid for tuition ...... $4365-49 Amount paid for contingencies ...... 120.16 Amount paid for books, &c...... 134.IO Wilmington not included.

REPORT OF THE SUPERINTENDENT OF FREE SCHOOLS FOR KENT COUNTY.

To the State Board of Education: Gentlemen :-I herewith submit the following report and recommendations:

LOW SALARIES OF TEACHERS.

Perhaps the greatest obstacle now in the way of securing a body of teachers well educated and trained for their special work is the small remuneration offered for teaching as com pared with that of other occupations requiring a like amount of preparation. 243

The teachers in these days should not be obliged to engage in another calling a part of the year to bring a too meagre sal ary up to a figure at which he may be able to exist. His in come from teaching should warrant him in devoting his entire time from one year's end to the other to teaching and to the preparation for teaching. One cannot be farmer or trader or housekeeper and teaci..er at the same time. Just in proportion as one is occupied in another calling to that extent he is not teacher. If he is obliged to be farm~r half the year then he can not be more than half teacher, and perhaps not that.

The money thus applied is largely misapplied. First, free the teacher from the necessity of engaging in any other calling a part of the year than that of teaching, and then raise the stand ard required for a certificate to a degree that will render it im possible to do so.

HIGHER SCHOLARSHIP NEEDED.

All new candidates should have the equivalent of a good high school education before being granted the first certificate to teach. To secure this higher scholarship the following ad ditional subjects should be added as requirements for the first certificate:

Elements of Algebra, Geometry, Rhetoric and Physics. This provision should not be made to apply to those who now hold certificates, nor to new candidates after having received their first certificate.

GREATER MATURITY IN NEW CANDIDATES.

Not infrequently a new candidate fails because he is unable to command that respect and deference which are so essential to the successful government of a school. The remedy must be sought in a greater degree of maturity both in scholarship and in years.

The lowest age limit at which a new candidate may receive a certificate to teach according to the present ruling of the State 244

Board of Education is 18 years. This age limit should be raised to 20 years. This rule should not, however, be made to apply to those candidates who merit a first grade certificate a: the age of 18 years.

STATE NORMAL SCllOOL. ~ Our ultimate aim should be to provide a well educated, weL trained teacher for every school in the State. To realize this aim fully a State Normal School, first class in all its appointments, is an absolute necessity.

While working and waiting for this institution we may, how ever, do much to improve the quality of teaching through other agencies that are more easily within our reach.

We should endeavor first to free the teachers from the ne cessity of engaging in other occupations, encourage higher scholarship and offer the best facilities possible for professional training.

Indeed, it is not at all improbable that the only way to the realization of a State Normal School in Delaware is through the influence of a number of smaller agencies. These must awaken public sentiment to the necessity of a special profess ional training of those who are to be teachers.

One of the ways to create a demand for better teaching is to make better teachers.

The establishment of a chair of Pedagogy in Delaware Col lege as a, step toward the fatinding of a State Normal School should receive serious consideration whenever the number of those who would be likely to come under its influence would warrant it.

SUMMER SCHOOL OF METHODS.

The Summer School of Methods which has been held in Do ver for five weeks during each summer for several years past 245 has grown from a very small unpretentious beginning to be one of the most helpful schools of its kind in the country. Its one aim is to foster a spirit of professional study, to teach teachers how to teach, how to govern, how to manage their schools in order to secure the best results possible. I ts purpose is not in any way to do the work of other schools, but to suppleme11.t their work in so far as it relates to those who wish to become teachers.

In the days of John Locke the teacher looked upon the mind as a tabula rasa, a bit of wax, or a sheet of white paper, upon which he might make such characters as he chose. This is called the mechanical theory of education. It is now exploded among all students of pedagogy. But how is it with our new candidate just come from the public school? Have these false theories of education been exploded in his mind? Does he even know of the existence of such theories, much less the right theories upon which a true system of teaching must be built up?

In the absence of a State Normal School, the Dover Summer School of Methods has undertaken to supplant as far as possi ble false practices of teaching with true ones.

Few new candidates begin teaching in Kent County now without some training in this school. Its influence upon them is shown very decidedly in their teaching, in their scholarship, in the improvement in their papers handed in at teachers' ex aminations.

How often we hear the serpent referred to for its wisdom. Here is one valuable lesson for us as teachers. The serpent con stantly sheds his old skin while a new one as constantly forms. So must the teacher in like manner through professional study be ever in a state of transition. Go into a state of professional hibernation and soon the thick skin of obselete practices will so encumber the movements of the teacher as to render him of small service in a school room. Herein lies th~ fact that so many teachers of long experience have outlived whatever use fulness they may have had.

It is only when long experience in teaching is coupled with 246 close study of pedagogical literature that the superiority of thr teacher is measured by the number of years spent in the school room.

It is in this field of knowledge, a field that the other schools do not enter, that the Dover Summer School of Methods is do in such an excellent work.

COMPULSORY SCHOOL LAW_

Idleness is the mother of vice. It is incompatible with good morals. Most children must of necessity be idle unless they are in school. The State establishes and maintains a system of free public schools on the ground that its safety and perpetuity as a Democratic-Republican form of government depends on the intelligence and morality of its subjects_

The stability of this form of government increases with the growth of universal intelligence and morality.

If any portion of the children of a community fail to come under the influence of the school, then the purposes for which the State established the school is defeated so far as they are concerned. The State may not depend on them for its preserva tion. The increase in the number of this class of persons and the necessity of a military, police government, increase in an equal ratio.

On the other hand willing obedience to the constituted civil authorities grows with the growth of an intelligent, enlightened conscience. The State cannot afford to be thwarted in its pur poses. It must seek the foundation of its strength in the minds and hearts of all its subjects.

BETTER FACILITIES FOR PUPILS LIVING IN RU RAL DISTRICTS.

Most of the money paid on account of teachers' salaries is ap propriated by the State. This money the State should so dis tribute as to secure the best educational results possible. 247

Under present conditions many rural schools have in their highest classes only one, two or three pupils. These small classes monopolize much of the teacher's time that is needed for the other pupils of lower grades. Very often a dozen of these classes could be combined into one, and taught by a singl~ teacher. As it is there are twelve teachers doing a work that one teacher alone could do better if the proper conditions were applied. From a business point of view this does not look like the best way to invest the State's school fund. Furthermore. the school days of many pupils living in the country are very limited, and their opportunities should be made just as good as possible while they last. Hence, provision should be made bv which the advanced pupils could enter some high school in the county and thus be removed from the district school.

Again the superior advantages offered both to the pupils who remain in the districts, and to those who are admitted to hi_gh school privileges will have a tendency to raise the standard of scholarship. Some of these pupils would eventually become candidates for teachers' certificates, and in these days, when the State needs a stronger scholarship in the teaching fraternity it should in every possible way supply the conditions for its at- tainment. Very truly yours, C. C. TINDAL, Superintendent. December 22, 1898. REPORT OF THE SUPERINTENDENT OF FREE SCHOOLS FOR SUSSEX COUNTY.

To the State Board of Education in and for the State of Dela ware: Gentlemen :-I have the honor to submit to you a partial re port upon the condition of the Free Schools of Sussex County. Delaware, based upon reports submitted by the teachers and two hundred and twenty-four (224) official visits made during the last school year ( 1897-98.)

The accompanying tabl<; of statistics 1 I very much regreL 248 fails to give information upon some most important points, but this is because the proper blanks have not been furnished. When proper blanks have been distributed to teachers and school officers reliable statistics will be compiled.

Statements have recently appeared in public print making the rate of illiteracy in Delaware appear higher than in most of the other states of the Union and even higher than in the Fiji Is lands. Vve are in no position to deny these statements for no statistics upon this point have been collected, and in the ab sence of statistics are disposed to question the statements. If such is the case the sooner we know it the better. It is of the highest importance that blanks for the tabulation of statistics be put into the hands of our teachers at once and the prompt and careful gathering and return of these statistics be made obliga tory.

Permit me to make the following suggestions: rst. Our school law should be amended so that in the future all contracts between school boards and teachers must be in writ ing; the same to remain in force from year to year as in other states and terminate only after thirty days' notice has been given by either party.

The case, Smith vs. Washington District No. 57, Sussex County in our Superior Court furnishes conclusive evidence of the wisdom of some such provision. The time for making these contracts should be specified. Under our law as now enacted no provision is made for the protection of teachers. We can see no reason why they are not entitled to the same safeguards and protecti.on that those in other professions and lines of business now enJoy.

2nd. I find many of the school houses in Sussex County are not now located at or even near the center of the district. This is the result of "petitioning out" or transfers by act of Legislat ure until often you find the line of the district runs within a very short distance of the school building. In one case, I am in formed, the school house is within two hundred yards of the boundary of the district. In other cases this has continued un- 249 til some districts have become so impoverished that it is almost impossible to maintain a school in the impoverished district.

3rd. In some localities consolidation and acts of incorpora tion should be effected. This is conspicuously the case at Rox ana. Baltimore Hundred. Here we have four schools within a radius not greater than one and one-half miles. If these schools were consolidated and boundaries slightly changed much better facilities would be given and at much reduced cost.

4th. The provision requiring clerks to report immediately to the Couty Superintendent the name of the teacher employed and the salary agreed upon is almost entirely ignored. At the opening of Sussex schools this year (Nov. rst.) but thirteen (13) clerks had made the required report. Even now (Dec. 20) scarcely one-half have reported in spite of the fact that notice has been published in all the county papers calling attention to this part of our school law. The result of this neglect on the part of clerks is, that the Superintendent is unable to tell what teachers are employed or unemployed and totally unable to communicate with them.

5th. I found, while making my official visit last year (1897- 98,) that the school houses in at least nine (9) districts were ut terly unfit for school purposes. Five (5) were on private prop erty. In a large number no attention whatever is made to ven tilation, light, etc. A very large percentage of the rural schools are seldom if ever cleaned. Seventy-six (76) have no privies and fifteen (r5) have but one. Sixty-one (61) are entirely with out apparatus of any sort. In twenty-one (21) the furniture is the rudest, home-made sort, uncomfortable, obliging pupils to sit in constrained positions and two (2) are without furniture of any sort. I failed to find a rural school where any effort is made to beautify and make attractive the surroundings. The import ance of these facts needs but to be mentioned to be appreciated. This lamentable condition will be thought the more remarkable when it is understood that the districts I have just referred to are districts for white schools.

6th. The most imperative need of Sussex County schools is good primary teachers. Scarcely any of our teachers engaged 250

in primary work have had any training for their work. How to solve this most vital question has been a subject of much ser ious consideration and should be kept agitated until the remedy is reached. I am not disposed to criticise unfavorably. Our primary teachers do admirably considering that they have had no professional training. The wonder is that they do so well The fact remains, and is apparent, that the most imperative need of our schools is more and better primary teachers.

7th. Our present school law fails to providde schools for that class of citizens living mostly in Indian River Hundred, known as "Indians" or "Moors." They are not negroes and do not affiliate with negroes. They maintain separate churches and are now, without state aid, maintaining separate schools. They are thrifty, substantial citizens. I would suggest the Legislat ure authorize the Sussex County School Commission to divide Indian River Hundred into at least two districts for Indian Schools, and that these districts draw dividends from the school fund under the same conditions as now provided by law for col ored districts.

8th. The Annual Institute of Sussex County teachers for 1898-99 convened in Armory Hall, Milford, Dec. 30, and re mained in session according to law three full days. The corps of instructors (the same being used in both Kent and New Cas tle Counties) was of the very best, and I believe much valuable aid was given our teachers. The institute has become, in Sus sex County at least, the event of the school year. It is on the whole well attended by the teachers and especially so by the public. Crowded houses marked almost every session.

This year fifteen teachers failed to attend any of the sessions. Most attended all the sessions. Some were present only part of the time. But two absentees furnished excuse for absence. I would suggest the propriety of requiring, under forfeiture of salary, the attendance of all teachers upon all the sessions of the institute. This is the case in other states. Why not in Dela ware?

It was my purpose, in the beginning, to call your attention to a number of other matters in this connection, but finding that 251 the report of Sussex School Commission fully covers these points it is unnecessary for me to deal with them. The recom mendations embodied in the Commission's report now in your hands meet my hearty approval. I have the honor to be, very respectfully, ROMAN TAMMANY, Superintendent. Georgetown, Del., Dec. 20th, 1898.

On motion of Mr. Knox, the bill,

Senate Bill No. I 7, entitled

"An act to repeal an act entitled 'An act in regard to plead ing in civil and criminal cases,' "

Was taken up and read a first time.

And on his further motion Rule 14 was suspended as to this bill,

And the bill was read a second time, by title, and

Referred to the Committee on Revised Statutes.

On motion of Mr. Pennewill, House joint resolution entitled

''House joint resolution requesting the Senate of the United States to approve the treaty of peace between the United States of America and the kingdom of Spain,"

Was read,

And, on his further motion

The yeas and nays were ordered, which, on being taken, were as follows:

Yeas-Messrs. Abbott, Allee, Blakely, Brasure, Farlow, Hart, Knox, Maull, McFarlin, Meredith, Moore, Pennewill, Shakespeare, Slaughter and Mr. President pro tem--15. 252 Nays-None.

Not voting, Messrs. Lewis and Pyle.

So the question was decided in the affirmative,

And the resolution having received the required constitu tional majority,

Was Adopted. On motion of Mr. Shakespeare the resolution providing for a trip to Farnhurst was amended by striking out the words "3.36 o'clock, P. M., January 26" and inserting in lieu thereof "r.30 o'clock, P. M., Friday, January 27." The hour of 12 o clock, m. having arrived;

"An act to regulate the time and manner of holding elections for Senator in Congress," passed July 25th, 1866.

JOINT SESSION.

Roll of the two houses called.

Journals read and approved.

The Clerks were directed to call the rolls of the respective houses, and the members, as their name~ were called,

· Responded by viva .voce vote, as follows, viz:

Mr. Abbott, of the Senate, voted for John Edward Addicks.

Mr. Allee, of the Senate, voted for John Edward Addicks. 253 Mr. Blakely, of the Senate, voted for Francis G. DuPont.

Mr. Brasure, of the Senate, voted for John Edward Addicks.

Mr. Farlow, of the Senate, voted for George Gray.

Mr. Hart, of the Senate, voted for George Gray.

Mr. Knox, of the Senate, voted for Henry A. DuPont.

Mr. Lewis, of the Senate, voted for L. Irving Handy.

Mr. Maull, of the Senate, voted for George Gray.

Mr. McFarlin, of the Senate, voted for Wm. S. Hilles.

Mr. Meredith, of the Senate, voted for George Gray.

Mr. Moore, of the Senate, voted for George Gray.

Mr. Pennewill, of the Senate, voted for John Edward Ad- dicks. Mr. Pyle, of the Senate, voted for L. Irving Handy.

Mr. Shakespeare, of the Senate, voted for Henry A. DuPont.

Mr. Slaughter, of the Senate, voted for George Gray.

Mr. President pro tern of the Senate, voted for George Gray.

Mr. Buell, of the House, voted for John Edward Addicks.

Mr. Burns, of the House, voted for Henry A. DuPont.

Mr. Clark,. of the House, voted for L. Irving Handy.

Mr. Conaway, of the House, was absent.

Mr. Cottingham, of the House, voted for George Gray. 254

Mr. Davis, of the House, voted for John Edward Addicks.

Mr. Dennison, of the House, voted for Henry A. DuPont.

Mr. Donahoe, of the House, voted for George Gray.

Mr. Donovan, of the House, voted for George Gray.

Mr. Ewing, of the House, voted for Henry A. DuPont.

Mr. Faries, of the House, voted for John Edward Addicks.

Mr. Frazier, of the House, voted for John Edward Addicks.

Mr. Frizzell, of the House, voted for Henry A. DuPont.

Mr. Hazzard, of the House, voted for Henry A. DuPont.

Mr. Hering, of the House, voted for John Edward Addicks.

Mr. Hitchen, of the House, voted for Henry A. DuPont.

Mr. Hunter, of the House, voted for John Edward Addicks.

Mr. Hushebeck, of the House, voted for John Edward Ad- dicks.

Mr. Jenkins, of the House, voted for John Edward Addicks.

Mr. Jester, of the House, voted for L. Irving Handy.

Mr. King, of the House, voted for George Gray.

Mr. Lattomus, of the House, voted for Henry A. DuPont.

Mr. McNulty, of the House, voted for George Gray.

Mr. O'Day, of the House, voted for L. Irving Handy.

Mr. Pilling, of the House, was absent. 255 '.Mr. Robertson, of the House, voted for Henry A. DuPont

Mr. Rose, of the House, voted for George Gray.

Mr. Satterfield, of the House, voted for John Edward Ad- dicks.

Mr. Shallcross, of the House, voted for George Gray.

Mr. Short, of the House, voted for John Edward Addicks.

Mr. Taylor, of the House, voted for George Gray.

Mr. Tharp, of the House, voted for John Edward Addicks.

Mr. Wagamon, of the House, was absent.

Mr. West, of the House, voted for Henry A. DuPont.

Mr. Speaker, of the House, voted for Henry A. DuPont.

The vote as above ascertained having been announced as fol - lows:

For George Gray, fifteen votes.

For John Edward Addicks, fifteen votes.

For Henry A. DuPont, twelve votes.

For L. Irving Handy, five votes.

For Wm. S. Hilles, one vote.

For Francis G. DuPont, one vote.

Total number of votes cast, 49,

The President pro tern of the Senate declared that no person 256 having received a majority of all the votes cast for United States Senator,

There was no election to said office.

The joint meeting proceeded to another ballot.

The Clerks were directed to call the rolls of the respective houses, and the members, as their names were called,

Responded by viva voce vote, as follows, viz:

Mr. Abbott, of the Senate, voted for John Edward Addicks.

Mr. Allee, of the Senate, voted for John Edwara Addicks.

Mr. Blakely, of the Senate, voted for Francis G. DuPont.

Mr. Brasure, of the Senate, voted for John Edward Addicks

Mr. Farlow, of the Senate, voted for George Gray.

Mr. Hart, of the Senate, voted for George Gray.

Mr. Knox, of the Senate, voted for Henry A. DuPont.

Mr. Lewis, of the Senate, voted for L. Irving Handy.

Mr. Maull, of the Senate, voted for George Gray.

Mr. McFarlin, of the Senate, voted for Wm. S. Hilles.

Mr. Meredith, of the Senate, voted for George Gray.

Mr. Moore, of the Senate, voted for George Gray.

Mr. Pennewill, of the Senate, voted for John Edward Ad dicks. Mr. Pyle, of the Senate, voted for L. Irving Handy. 257 Mr. Shakespeare, of the Senate, voted for Henry A. DuPont.

Mr. Slaughter, of the Senate, voted for George Gray.

Mr. President pro tern of the Senate, voted for George Gray.

Mr. Buell, of the House, voted for John Edward Addicks.

Mr. Burns, of the House, voted for Henry A. DuPont.

Mr. Clark, of the House, voted for L. Irving Handy.

Mr. Conaway, of the House, was absent.

Mr. Cottingham, of the House, voted for George Gray.

Mr Davis, of the House, voted for John Edward Addicks.

Mr. Dennison, of the House, voted for Henry A. DuPont.

Mr. Donahoe, of the House, voted for George Gray.

Mr. Donovan, of the House, voted for George Gray.

Mr. Ewing, of the House, voted for Henry A. DuPont.

Mr. Faries, of the House, vote'd for John Edwara Addicks.

Mr. Frazier, of the House, voted for John Edward Addicks.

Mr. Frizzell, of the House, voted for Henry A. DuPont.

Mr. Hazzard, of the House, voted for Henry A .. DuPont.

Mr. Hering, of the House, voted for John Edward Addicks.

Mr. Hitchen, of the House, voted for Henry A. DuPont. Mr.' Hunter, of the House, voted for John Edward Addicks. 17S 258 Mr. Hushebeck, of the House, voted for John Edward Ad- dicks.

Mr. Jenkins, of the House, voted for John Edward Addicks.

Mr. Jester, of the House, voted for L. Irving Handy.

Mr. King, of the House, voted for George Gray.

Mr. Lattomus, of the House, voted for Henry A. DuPont.

Mr. McNulty, of the House, voted for George Gray.

Mr. O'Day, of the House, voted for L. Irving Handy.

Mr. Pilling, of the House, was absent.

Mr. Robertson, of the House, voted for Henry A. DuPont.

Mr. Rose, of the House, voted for George Gray.

Mr. Satterfield, of the House, voted for John Edward Ad- dicks.

Mr. Shallcross, of the House, voted for George Gray.

Mr. Short, of the House, voted for John Edward Addicks.

Mr. Taylor, of the House, voted for George Gray.

Mr. Tharp, of the House, voted for John Edward Addicks.

Mr. Wagaman, of the House, was absent.

Mr. West, of the House, voted for Henry A. DuPont.

Mr. Speaker, of the House, voted for Henry A. DuPont.

The vote as above ascertained having been announced as follows: 259

For George Gray, fifteen votes.

For John Edward Addicks, fifteen vote5.

For Henry A. DuPont, twelve votes.

For L. Irving Handy, five votes.

For Wm. S. Hilles, one vote.

For Francis G .. DuPont, one vote. Total number of votes cast, 49, .. The President pro tern of the Senate declared that no person having received a majority 0£ all the votes cast for United States Senator,

There was no election to said office.

On motion of Mr. Slaughter, of the Senate, the two houses separated,

And the members of the Senate returned to their chamber.

On motion the Senate took a recess until 3 o'clock, P. M.

Same Day-3 o'clock, P. M.

Senate met pursuant to adjournment.

Mr. Blakely offered a Senate resolution authorizing the State 260·

Librarian to supply the Senate with twenty copies of each of Volumes 16, 17, 18, 19 and 20, Laws of Delaware,

Which, on his motion,

Was read.

The yeas and nays were ordered, which, on being taken, were as follows:

Yeas-Messrs. Abbott, Allee, Blakely, Farlow, Hart, Knox, Maull, McFarlin, Meredith, Moore, Pyle, Shakespeare, Slaugh ter• and Mr. President pro tem-14 . Nays-None. So the question was decided in the affirmative,

And the resolution having received the required constitu tional majority, Passed the Senate.

Mr. Knox gave notice that on to-morrow or some future day he would ask leave to introduce a bill,

Senate Bill No. 19, entitled

"An act providing of what judges the Supreme Court shall consist when acting under paragraph 5 of Section 12 of Article 4 of the Constitution of this State."

Mr. Sheppard, Clerk of the House, being admitted, presented for the signature of the Speaker of the Senate, the following duly and correctly enrolled House bills, the same having been signed by the Speaker of the House:

House Bill No. 4, entitled

"An act authorizing the Governor to appoint a Notary Pub lic for the office of George C. Maris & Son, of Wilmington, Delaware." 261

Also, House Bill No. 2, entitled

"An act to give this State jurisdiction of crimes commenced in this State and completed elsewhere."

Also, House Bill No. 5, entitled

"An act for the protection of manufacturers and vendors of mineral waters, porter, beer, ale and other beverages sold in bottles."

Also, House Bill No. 9, entitled

"An act to amend Chapter 58, Volume 15, Laws of Dela ware, increasing the period of extension by the Governor of the term of indigent, deaf, dumb and blind in institutions for in struction of such indigents."

Mr. Sheppard, Clerk of the House, being admitted, informed the Senate that the House had passed and requested the con currence of the Senate in the following bill:

House Bill No. 19, entitled

"An act fixing the compensation of persons appointed by the Court of General Sessions to lay out and vacate roads."

On motion the Senate adjourned until to-morrow morning at II o'clock. 262

Wednesday, January 25, 1899-u o'clock, A. M.

Senate met pursuant to adjournment.

Prayer by the Chaplain.

Roll called. Members present-Messrs. Abbott, Allee, Blakely, Brasure, Farlow, Hart, Knox, Lewis, Maull, McFar lin, Meredith, Moore, Pennewill, Pyle, Shakespeare, Slaughter, and Mr. President pro tern.

Journal read and approved.

Mr. Meredith offered the following resolution:

Senate resolution instructing the State Librarian to procure and furnish certain keys for the use of the officers and members of the Senate of the State of Delaware.

"Be it resolved by the the Senate of the State of Delaware that the State Librarian is hereby directed and required to fur nish forthwith, keys for the outside door of the State House, to the President pro tern, to the Clerk, to the Sergeant-at-Arms and attorneys, in order that they and the members shall have access to the State House at any hour without hindrance or in convenience; and further that the attorneys be furnished with two keys for Room No. 4 on the third floor of the State House, which room has been set apart for their use."

The yeas and nays were ordered, which on being taken, were as follows:

Yeas-Messrs. Abbott, Allee, Blakely, Brasure, Farlow, 263

Hart, Maull, McFarlin, Meredith, Moore, Pennewill, Pyle, Shakespeare and Mr. President pro tern- 14.

Nays-Lewis, Slaughter-2.

So the question was decided in the affirmative,

And the resolution having received the required constitu tional majority, Was Adopted.

Mr. Sheppard, Clerk of the House, being admitted, informed the Senate that the House had passed and requested the con currence of the Senate in the following bills:

House Bill No. 20, entitled

"An act to repeal Chapter 556, Volume r8, Laws of Dela ware, entitled 'An act for the protection of fish in Indian river, Rehoboth bay and the tributaries thereof.' "

Also, the House has adopted and requests the concurrence of the Senate in the following joint resolution entitled

"House joint resolution requesting the Senate of the United States to appprove the treaty of peace between the United States of America and the kingdom of Spain."

Also, House Bill No. r r, entitled

"An act to amend 'An act to increase the school fund for the united districts of Laurel and vicinity,' passed at Dover, April 7th, 1897, by increasing the amount of money to be collected for school purposes,"

And presented the same to the Senate.

Mr. Sheppard, Clerk of the House, being admitted, informed the Senate that the House had concurred in the following Sen ate bills: 264

Senate Bill No. 6, entitled

"An act to renew the charter of the Pusey & Jones Com pany." Also, Senate Bill No. 7, entitled "An act to 1enew the charter of the General Steamship Com~ pany," And returned the same to the Senate. On motion of Mr. Brasure, the bill,

House Bill No. 20, entitled

"An act to repeal Chapter 556, Volume 18, Laws of Dela ware, entitled 'An act for the protection of fish in Indian river, Rehoboth bay and the tributaries thereof,' "

Was taken up and read a first time.

And on his further motion Rule 14 was suspended as to this bill,

And the bill was read a second time, by title, and Referred to the Committee on Revised Statutes. Mr. Knox gave notice that on to-morrow or some future day he would ask leave to introduce a bill,

Senate Bill No. 20, entitled

"An act in relation to the taxing of costs in cases of writs of prohibition or writs of mandamus." Mr. Knox gave notice that on to-morrow or some future day he would ask leave to introduce a bill,

Senate Bill No. 21, entitled 265

"An act providing for special sessions of the Supreme Court in cases of writs of prohibition and mandamus, issued under paragraph 5, Section 12 of Article 4 of the Constitution."

Mr. Slaughter gave notice that on to-morrow or some future day he would ask leave to introduce a bill,

Senate Bill No. 22, entitled

"An act to amend Chapter 6, Volume 17, Laws of Delaware, as amended by Chapter 5, Volume 21, Laws of Delaware, and published as amended, as Chapter 6, Volume 21, Laws of Dela ware, and to authorize the purchase of law books by the State Librarian under the direction of the Supreme Court."

Mr. Slaughter gave notice that on to-morrow or some future clay he would ask leave to introduce a bill,

Senate Bill No. 23, entitled

"An act to exempt from execution process and attachment process and from distress for rent, pianos, organs and other musical instruments."

Mr. Farlow offered Senate Joint Resolution No. IO, entitled

"Senate joint resolution in reference to polygamy."

On his motion the resolution

Was read.

On his further motion,

The yeas and nays were ordered, which, on being taken were as follows:

Yeas-Messrs. Abbott, Allee, Farlow, Hart, Knox, Lewis, Maull, McFarlin, Moore, Pennewill, Pyle, Shakespeare, Slaughter-13. 266 Nays-None.

So the question was decided in the affirmative,

And the resolution having received the required constitu tional majority,

Was Adopted.

Mr. Lewis gave notice that on to-morrow or some future day he would ask leave to introduce a bill,

Senate Bill No. 24, entitled

"An act in relation to the practice of medicine and surgery in the State of Delaware." ·

Mr. Abbott, from the Committee on Enrolled Bills, reported as duly and correctly enrolled and ready for the signature of the President of the Senate, the following House bills:

House Bill No. 2, entitled

"An act to give this State jurisdiction of crimes commenced in this State and completed elsewhere."

Also House Bill No. 4, entitled

"An act authorizing the Governor to appoint a Notary Pub lic for the office of Geo. C. Maris & Son, of Wilmington, Del."

Also House Bill No. 5, entitled

"An act for the protection of manufacturers and vendors of mineral waters, porter, beer, ale and other beverages sold in bottles."

Also House Bill No. 9, entitled

"An act to amend Chapter 58, Volume 15, Laws of Dela- 267 ware, increasing the period of extension by the Governor of the terms of indigent, deaf, dumb and blind in institutions for in struction of such indigents."

On motion of Mr. Farlow, the bill,

House Bill No. 11, entitled

"An act to amend 'An act to increase the school fund for the united school districts of Laurel and vicinity,' passed at Dover, April 7, 1897, by increasing the amount of money to be col lected for school purposes,"

Was taken up and read a first time.

And on his further motion Rule 14 was suspended as to this bill,

And the bill was read a second time by title and

Referred the the Committee on Revised Statutes.

The hour of 12 o'clock, M., having arrived,

"An act to regulate the time and manner of holding elections for Senators in Congress," passed July 25th, 1866.

JOINT SESSION.

Roll of the two houses called.

The Journals were read and approved. 268

The Clerks were directed to call the rolls of the respective houses, and the members, as their names were called,

Responded by viva voce vote, as follows, viz:

Mr. Abbott, of the Senate, voted for John Edward Addicks.

Mr. Allee, of the Senate, voted for John Edward Addicks.

Mr. Blakely, of the Senate, voted for Henry A. DuPont.

Mr. Brasure, of the Senate, voted for John Edward Addicks.

Mr. Farlow, of the Senate, voted for George Gray.

Mr. Hart, of the Senate, voted for George Gray.

Mr. Knox, of the Senate, voted for Henry A. DuPont.

Mr. Lewis, of the Senate, voted for L. Irving Handy.

Mr. Maull, of the Senate, voted for George Gray.

Mr. McFarlin, of the Senate, voted for Henry A. DuPont. Mr. Meredith, of the Senate, voted for George Gray.

Mr. Moore, of the Senate, voted for George Gray.

Mr. Pennewill, of the Senate, voted for John Edward Ad- dicks.

Mr. Pyle, of the Senate, voted for L. Irving Handy.

Mr. Shakespeare of the Senate, voted for Henry A. DuPont.

Mr. Slaughter, of the Senate, voted for George Gray.

Mr. President pro tern, of the Senate, voted for George Gray. 269

Mr. Buell, of the House, voted for John Edward Addicks.

Mr. Burns, of the House, voted for Henry A. DuPont.

Mr. Clark, of the House, voted for L. Irving Handy.

:Mr. Conaway, of the House, was absent.

Mr. Cottingham, of the House, voted for George Gray.

M1. Davis, of the House, voted for John Edward Addicks.

Mr. Dennison, of the House, voted for Henry A. DuPont.

Mr. Donahoe, of the House, voted for George Gray.

Mr. Donovan, of the House, voted for George Gray.

Mr. Ewing, of the House, voted for Henry A. DuPont.

Mr. Faries, of the House, voted for John Edward Addicks.

Mr. Frazier, of the House, voted for John Edward Addicks.

Mr. Frizzell, of the House, voted for Henry A. DuPont.

Mr. Hazzard, of the House, voted for Henry A. DuPont.

Mr. Hering, of the House, voted for John Edward Addicks.

Mr. Hitchen, of the House, voted for Henry A. DuPont.

Mr. Hunter, of the House, voted for John Edward Addicks.

Mr. Hushebeck, of the House, voted for John Edward Ad- dicks.

Mr. Jenkins, of the House, voted for John Edward Addicks.

Mr. Jester, of the House, voted for L. Irving Handy. 270

Mr. King, of the House, voted for George Gray.

Mr. Lattomus, of the House, voted for Henry A. DuPont.

Mr. McNulty, of the House, voted for George Gray.

Mr. O'Day, of the House, voted for L. Irving Handy.

Mr. Pilling, of the House, was absent.

Mr. Robertson, of the House, voted for Henry A. DuPont.

Mr. Rose, of the House, voted for George Gray.

Mr. Satterfield, of the House, voted for John Edward Ad- dicks.

Mr. Shallcross, of the House, voted for George Gray.

Mr. Short, of the House, voted for John Edward Addicks.

Mr. Taylor, of the House, voted for George Gray.

Mr. Tharp, of the House, voted for John Edward Addicks.

Mr. Wagamon, of the House, was absent.

Mr. West, of the House, voted for Henry A. DuPont.

Mr. Speaker, of the House, voted for Henry A. DuPont.

The vote as above ascertained having been announced as follows:

For John Edward Addicks, fifteen votes.

For George Gray, fifteen votes.

For Henry A. DuPont, fourteen votes.