Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-01-20

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and Layton for the defendant.
The opinion of the Court was delivered
by Chief Justice Booth, who was followed
by Harrington and the Chancellor. judges
Harrington and Hszzard dissented OIL the
suftioienoy of the returns, but on the un-
oonstitutionality of the law the Court was
unanimous.
The syllabus of the case reads thus, the
opinion bsing entirely loo lengthy for
transcription here.
Law is rule of conduct prescribed by legis-
lathe potcer for the government of citizens of
| a state.
Legislative pol1er in this State is uested in a
General Assembly consisting of Senate and
House Of Representatives.
The people have diDested themselves in all
| legislative power and uested 1t in this body.
They can resume it only under the forms of
the constitution or by revolution.
The General Assembly cannot delegate this
power to any other person or body ; not even
to the people at large; nor can they make it
to depend on the assent or approval CT any
| other body.
The citizen is bound to obey the mil of the
| Legislature as prescribed in the written
statute if the statute in itself give no evil
dence of Legislative 1iH. as rule of conduct,
the citizen cannot obey it If it subject the
legislative will to any other will the citizen 10
not bound to obey it.
The act OF 1Si7, authorizing the people to
| decide by ballet whether the license to retail
| Intoxicating liquors shall be permitted among
them, expresses no Legislature ,oiR on this
| question; prescr'ibes no rule of conduct for
| the government of the citizen and delegates
Legislature po,certo the people OF each county.
These extracts from the opin on OF lie
court are these:
| The people cannot make law; neither the
| whole people nor part Of them. All laws
| must be made by their representatives in
General Assembly met for deliberation, con.
sultation and judgment, acting under oath
and under the restrictions of tue constitution.
II the Legislature can refer one subject,
they can reler any other to popular legi lation.
Each county should have code of laws differ
ent from the others murder may be pun
ished by death Ill one, by imprisonment in
| another, by fine in the third slavery may
exist i'll one and be abolished i'll another. The
law of to-day will be repealed or altered
! tomorrow, and everything be- involved in
chaos and confusion; the General Assembly
| will become body merely to digest and pre-
| pare legislative propositions, and their
| journals u register of bills to be submitted to
the people for their enactment
| IL strikes me that the foregoing opinion
of the COURT Is almost AZ comprehensive
in its way az the Milford Il Delaware Bay
railroad charter.
PROTECTING PARTRIDGKs.
The first business transacted in the
House this afternoon YVES the rushi g
trough Of the bill, prepared by JJhn +
salisbury, for the pro cotton Of game
Under suspension of rules, it was Intro
duced, given three readings and passed 10
| about ~ minutes. IL was then sent to the
Senate when gave 1t two readings and
referred il to Il committee. IL is designed
to bridge over the time from now TO
April, during which time under the general
game law 1t is lawful TO kill partridg, g.,
pheaasnts, rabbits and quail. The Game
Protective Association nave somewhere
ABOUT 100 dozen partridges and quail,
which are dying III confinement and which
they hence wish 10 let loose, but desire
some protection for them before doing 10
FUNDING THE BoNDs.
The joint COMMITTEE on State Bonds
have now prepared another report which,
II not again modified, will be presented
} about Thursday next 1t provides for tho
funding OF 1863, 600 of the State debt in
per cent bonds. The whole sum will
% divided ihto bonds uf three series. The
! tirst series will comprise about $500, GOO
worth Of bonda, subdiyided into -four
olaases, radeen Abie III QUE two, three and
tour years respectively. The balance of
he abova debt viii be divided between
The second AID lhiId series, rtdeenable in
10 and 90 years respectively. The de.
: nominations Of tho bonds afe to be $500
aud . / 900
! There has been one TAX Il funding
: debt 10 81 per cent. bonds. Mr.
1 McWhorter Aaa received litter ftnu
Drexel d 90, in response to one from
HIM about this matttg, in which they
/ express doubt as to whether "a per cent
= bonds could be negotiated aL par, bu
l have no suoh doubt with geforenus ~
: per cent.
Dover, Jan. lS--iha great question
i which has excited uiora n'sEe s. lrre tha,
any other--divGrcs or 10 dN ltGl-- Wal
j settled 10 the House tEis atternuun; tin
d divorce men, led by Mr. Robinson, carrying
the day i'll spite OF u brilliant speech from
L. N. Williams, the best in poiut OF orator,
t that has yet beef heard in tue Legislature
t The Divorce Committee was al once give
4 he Holmes case, rs a starter, to console
aud report.
/, The Senate has had no occasion for
e public tussle with the divorce quest on
d whatever d iferenots OF opinion on IN
z subj ct, IL any that may have existed u
:; hat stRld body, were harmou'z-d III ri
h vse aud sp cial committee, there bein
,. o ) nate standuR committee, has 90
Ii down 10 steady work on the Alb,
as O chran aud Winner WurralI petitions
IL Eh- House resolution was orlslngll,
offered by Mr. P!iiug aud It's considers
1t non had been t1ics postponed II cam
~ up rs ths order of the day this afternoon
y The purport of 1t W as that the i glslntur
III should consider u u such applications q
~ could not be- d,alt with by the cuurtt
Ii lhs waB thought to BIT too sweeping b
SOME who were on the fencr, aud Nj
re tomlinsou sought 10 open the door Il l,ttl
leI farther by an amendment providing (.
ei reiitf III txtreme CASES, even though @ b.
ID II able by the courts
1t This brought Mr.. t N. Williams to Ii
ai front al Il strong leader of the auti-ilvOr,
he element. IL was really only the second {
Lk third speech he has yet iGnde, and it WI
u an able plea for his side He was atxIo,
A. hat the Legislature should redeem itse
oil from the imputation of being diyor,
Oh court. Vote to open the doors and Il
marriage tie will in thia State have 10
ne It's sacrt dness, and the matrimonial vol
~ WIZ no oncl GU w iHe lglttSt ana mo
he trivial pretences. He thought it tins th
80 the l. gtslature should proclaim in uum,
nd taxable tones that it il not the fouuts
Up. where the stains of domestic infeicity ca
are be washed away. He further Obi cited
ny the Legislature usurping the functions q
his the courts, The man who makes the la
ak should not expand The law He was n
opposed to all CASES, but only tho
which properly belong to tho courts an
ridiculed the idea Of considering pc,
IN tions baoed upon such frivolous csuses
yer the bad breath Of cne of the parties.
re- Mr.. Williams speech wes of oouy
OF directed against the amendment, AID M
Yep Bradford followed briefly on tue san
7as tack.
.eS But Mr.. Robinson rallied the diyor
no party and spoke about the sovereign rini
e OF appeal, which the auii, divorce "a,
10 would take away IL they could. Upon Il
'h, orosd ground OF the righ; of petition
10 would vote for the am ndment. hecau
'ng he considered it made the resolution mo
'nu liberal. Before d nyine any one the rig
con to have his application considered.
s'e would hear what he had to say. Let
al hear all cases, said he, .and, if We |
VI, lle'e them unworthy let MS rt ct then
~ worthy, let us sol like meg and era
'uy them" ~
,a MI koblnFoI succeeded 10 getting II
" amendment adopted but failed to def
aiu the resolution On the other hand n
Ut Williams spsured the ,,u.z.rs . & IL =