Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1883-09-06
NEW SERIES. VOL. Iv.-NO. 10
4 ELdH SCENTED.


The "DeIawarcau'; Raises n Point
About the Constitutional Amend
nent.
Saturdays h ldraredn raises question
as to tile propOset CONSTITUTIONS amend
mant io- increasing representation in the
Legislature OF this State. The DelaDaredn
says: That part OF tue act which raised
the suggestion of ambiguity commences
in the eighth line of the first paragraph,
and in the ninth line of the second para
graph, as published in the laws, which
i'd as follows: "The Hous+ of Representa-
tives shall consist of 25 members, II OF
whom shall bs chosen from New Castle
county, seven from Kent county, and
seven from Sussex county; provided, that
Of the eleven representatives from New
Castle county, four shall be. chosen by
the citizens residing in the city of Viii.
mington, and seven by the citizens resid-
ing in the residue of said county" The
second ambiguity applying to the cleo
tion of the senators in that county being
of the same kind and character we shall
pass it by entirely and c0nfine ourselves
to the consideration of that doubt which
ARISES in relation 10 the mode and man
Der of the choosing of representatives.
1t will be perceived that part of this
section of the act reeited above provides
that there shall be- Ii Representatives
chosen from New Castle county, snd ii
specifies that out of that number four
shall he chosen by the citizens of the
city of Wilmington, yet while specifying
that fact aud alI0ttiug to the citizens Of
that city certain number which they
are to vote Tor, and while prescribing the
number that the citizens residing in
the residue OF the county Of New
Castle, are to vote for, the act itself
fails to specify from what part OF the
county either the four which the citizens
OF Wilmington, or the seven which tine
citizens residing in the residue of the
county of New Castle are to vote fol, shall
b4 selected. Tnere can be no doubt but
that the Trainer of the amendment in
tended that the four which the citizens OF
Wilmington were TO vote for should be
residents of that city, and that the seven
which We're to be voted for by the citizens
residing in the residue of the county,
should bs selected from that part OF
the county outside OF the city of
Wilmington, yet the act proposing this
amendment nowhere specifies such to be
the case. Hence the ambiguity and
doubt arises, for il tnis proposed amend
ment should bacome q part and parcel of
the constitution of the State, in the con-
struction of it's meaning it would of
oouree be construed literally, and that
construction oould never be given as in
tended by the act proposing suck amend
ment, and would be source of dispute,
vexati0n and complication.
To illustrate in order that We may be
fully understood. Suppose, for instance,
the Republican party constituting the
amendment TO mean that the four to be
voted for By the citiz5ns residing il the
city of Wilmington, must be- residents of
the city; acting upon that view they
nominate four oitiz sns Of that city and
seven from the rural Districts. Suppose
that they were largely in the
majority in that county, the cleo
tion OF their ticket was assured,
the Democratic leaders seeing their case
to be hopeless, knowing that there was
no possibility of eeeting their nominees,
in order to obtain some representation
should in covention nominate four men
whom the L emooratic voters Of Whining
ton should vote for, also the four Repub-
liean nominees residing in Whining
ton and three outside, which last
seven would bs voted for through
out the county, woald not the
four Democrats voted for by the citizens
residing III the city although having re-
ceived tie minority vote be legally
elected, while those nominated by the
Republicans and resi1sn.s Of the city, bs
defeated from the TACT that they we're voted
for both by city and county. This is the
suggestion that has presented itself This
is where it appears this ambiguity arises.
Clearly under the proposal act those
whom the citizens are to vote for can
come from any part Of the county Of New
Castle. Either they may be chosen from
the city or county, ana if chosen frCm
either place be legally elected If voted
for, solely by the oiuz4ns residing in the
city of Wilmington, rs required by the
Gct.