Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1885-01-28

that he did not believe the House now
had the power to order special cleo.
ton by the issuing of writ by the
Speaker. II . vacancy WAS declared
and ordered to be filled, the best way
would be to pass law providing for a
special election.
Judge Houston triefy stated that the
inelig Utility of y candidate receiving
the highest number of votes does not
elect the highest eligible candidate, and
that In this case there was q vacancy
which should be filed by q special
election. He also said that . failure to
all the vacancy will not affect the con-
stitutionAl powers of the House.
Judge Wootten held /. 1t is the i'm
perstive duty of the Speaker, on the
declaration by the House that . vacancy
exists, 10 issue q writ for u special cleo
ton.
2. In this case the highest eligible
candidate on the minority ticket WAS
not elected.
3. In regard TO allowing the vacancy
to continue, II would DO unwise and
unsafe, under such state of affairs, TO
take any action of importance or OF
doubtful sonstitutionality.
4. There is no doubt that the present
state of affairs 10 such vacancy as Is
Contemplated and provided for In the
constitution and statutes.
| 3. The Speaker has power, under the
constitution, to issue writ for special
election in this O. %.
8. The highest man on the minority
ticket was not elected.
Judge Whiteley's opinion was ia
effect that the power to issue the writ
for special election was undoubted,
that the highest. candidate on the mi
lnority ticket was not elected that the
vacancy won Id not affect the consttu-
ltipna powers Of the House and that
Watson's ineliRibility created such a
: vacancy AS is contemplated by the con.
J stitution. to be filled in the manner
, provided by the constitution.
After the reading Of the opinions the
House adjourned until 3 o'clock p. IN.
: The House met at 3 O'Clock p III
Mr.. Barlow moved that the opinions
of the Judges in respect to Representa-
Tive Watson's case be- entered on the
journal Adopted.
Mr.. Brown moved that the resol
declaring Mr. Watson's seat vacant be
taken from the table.
3 Mr.. Moore moved to postpone con
sideration OF the motion until 70 NOR
3 row morning. Lost by the following
vote
$ Ayes-Messrs. Adams. Cannon.
r Hearn, How johnson Moore and sau Is
t bury
n Nays-Messrs. Armstrong, Atkins,
y Barlow, Brown, Ferguson, McCabe,
. Palmer, Schab'nger, Tatman. Iruitt,
Virden, Wilson and the Speaker-l3.
Q The resolution was then taken from
r the table aud adopted, without a divi.
Q sion or any dissenting votes
e Mr.. Moore offered resolution for a
? mittee of three TO procure the niece,
r sary stationery for the use of the mem
bers and officers OF the House Adop.
Q ted
Mr.. How presented petition from
3 X. K Robinson and others recommend
u ing he passage of the supplement to
+ the Du * Creek improvement Compa-
n,'s charter.
. Mr.. johnson presented a petition
e from residents of school district No. 50,
= Kent County, for law authorizing the
commissioners To use money now In
hand in the erection of new school
I lhouse
D Mr.. Salisbury presented remon-
STRANGE from % oystermen, against any
i law prohibiting oyster dredging in this
State, also "A remonstrance against a
y bill To prohibit the catching Of terrapiu
VI between May and October.
Mr. Schabinger presented a petition
from Robert Hsrgadine and otherr, fol
IA 4 bill consolidating school districts, l02
I'll 1903, - and 81, Kent County.
v The petitions were referred TO the APP
4 pirate committees
eel Bills passed Incorporating tn,
- Rescue Hook aud Ladder Company OF
Camden Senate hlll amending and re
!. enacting the charter of the c. II Trea
}. Manufacturing Company OF George
r town.
. Bills read first time To incorpo
' rate the Security Trust and Safe De
o pusit Company Of Wilmington 10 pro
l. vide safeguards against danger from
,fl explosives 10 amend the charter o
e the Pussy x Jones Company Gncreas
4 ing The capital stock from $3.50, zoe Il
i Isl ,WO,0 O0) to incorporate Andastaka
y Tribe, No. II, | .. Il. NJ, OF Newport
d The Use of the house, on Tuesday
evening, February Sd, was, on motion
:. OF Mr.. Salisbury, grated TO com.
IL mittee of citizens who desire 10 speal
T. against the Incorporation amendment I,
!. the constitution.
I'll The Speaker announced Messrs Moore
; MeCabe and Schablnger as the specia
ar committee on stationery.
i'll Adjourned until 10 o'clock TO morrow
morning