The daily gazette., 1883-01-30


power conferred by the Constitution on the
General Assembly is power In respect TO the
increase of number, and the power must be
exercised IN respect to that alone; IN respect
to increase, not dimention. In respect to
the number of representatives, the increase
of seven to sixteen In each county would
exhaust the power Of the General Assembly,
and In respect to senators the increase OF
three to eight In each county would exhaust
its constitutional power; but the unequal
apportionment of the increase of members,
or Of senators and representatives based
upon such increase, would be an exercise
Of power beyond the purpose for which the
power was given, which was solely for the
increase of number, and would be for the
additional purpose of apportionment
and apporti0nmeht different from that
made by the Constitution.
Equality of Representation in the General
Assembly to the voters of the several
counties as citizens of the several counties
and not equality of representation other
wise or to express 1t In different language,
equality of the several counties to represen-
tation In the General Assembly, IS the con-
stitutional principle and organic in the
Constitution of the General Assembly. The
General Assembly cannot destroy its own
organic principle Of existence, the very law
of their being.
1t follows from what has already been
said In respect to the first question submit
ted, that am of the opinion 1t is not COM
petent for the General Assembly to provide
by law for the election of members of either
branch or both branches of the General As
sembly, from any or every county, from
districts created by law within such county
In lieu of the election thereof upon general
ticket throughout the county. The Constitu-
1At ,Nfa IA hrfTa
houses of the General Assembly shall be
chosen, and apportions them. They shall be
chosen by the citizens of the several counties,
and there shall be an equal number chosen
from each county. This, in my opinion, Is
the only proper Interpretation of the Consti-
tuition upon the subject of representation In
the General Assembly.
w. SALISBURY, Chancellor.
Itwas not wholly unexpected that Chancel-
lor salisbury would take this view of the
matter by those who have heard him ex-
press himself, but that he has spoken so
emphatically against the measure is certainly
unfortunate. The sentiment among the
Dover lawyers is decidedly adverse to CIV
Ing New Castle increased representation,
and 1t is said by some that even If they
could not arrive at the conclusion reached
by Chancellor salisbury they would be
opposed to it anyhew. What will be the opin-
ion of the other judges tits impossible to say,
but IL is expected that they will be heard
from before many days. The members have
not that opposition to Mr.. Bates bill which
has been represented, and while the battle
is yet to come united work and a demand
that will take no refusal will carry the day.
Should q majority of the judges be of tie
Chancellor's way of thinking then the road
for direct action by the Legislature will be
nd nhoh ha nVaIt
out of the difiicultywill be by constitu-
tional amendment or constitutional conven-
ton.
While the other opinions are waiting VIII
mingtou had better be stirring. So far she
has not made move In the matter, when a
mass meeting should be held in the Opera
House this week. The business men and
manufacturers, who are more interested
than anyone else, seem to have lost all
interest In the matter, and that organization
of loud promises, the Board of Trade, seems
just at the time ofneeded activity to be imita.
ting Attorney General Brewster in that 1t Is
purely ornamental. Let Wilmington move
YESTERDAYS PROCEEDINGS.
Tho House did not meet until 420, lack
ing quorum until that time.
Notices of bills were given as follows BY
Mr.. Cooch to encourage agriculture and
By Mr.. Bates, TO provide for the vaccination
OF children in the public schools. By Mr..
Gomegys, to incorporate the Hickory Grove
Cemetery Co. BY DR.. Crawford, to amend
the law on bribery at elections. Mr.. Dem
ney introduced and had read and referred a
petition from Vim. ParVis for divorce,
and from over 400 citizens for per-
mission for 7. w. Wilson to vacate
portion of public road. Mr.. Comcgys
introduced bills to incorporate the Daily
Gazette Publishing Company, the Sunday
Star Publishing Company and increasing
| the number of copies of laws to be printed.
Bills were read second time as follows
regulating the submission Of questions to
| the judiciary, increasing and apportioniug
the members OF the General Assembly
changing the time for fishing In the Nanti-
coke, laying out the Simpson road in Mis-
pillion hundred.
In the Senate the following bills were in
| troduced By Mr.. Belts, to incorporate the
| Pioneer Coach Company; by Mr.. Cavender
| to consolidate the schools of Smyrna; House
bills for new road in Mispillon hundred,
and consolidating the Delaware 60 Chesa-
peake Railroad and the 2. w. j. B. The
| Senate bill incorporating the johnson Forge
Company and House bills incorporating the
Kent County Mutual Insurance Company
and the Smyrna Philadelphia Transpor-
tation Company, were passed.
MIR. Horsey presented the following petit
tions which were referred-for a state law
| in School District No. Il, Sussex county
| from William McGee for permission to
change road, and from s. F, Richards for
divorce.