Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-01-29

Chancellor Salisbury, in lengthy paper
reviewed ali the circumstances and bearings
az the case, but stated that he did not ieei
justified in expressing any opinions tehuine
10 influence the action OF the House IN the
premises. lie held that even with Inc seat Oh
Representative Watson unoccupied, the house
was a legal and constitutional body, and pos
sessed the legal and constitutional right 70
act al such. Ihe whole question was WITHIN
the province OF the House, to take such &C
mon a. il deemed proper. The power TO act
was absolute and could not be questioned or
abridged by any other authority Whatever;
Chief Justice Comegys presented an elso-
Was the tirst case Of the kind in the state,
and therefore the House was without any
thing 10 govern its action when "oulu w
rigbtfully termed authority. He held That
by reason OF Mr. WatsoD's nellglDillty the
votes cast for him were nugatory and OF NJ
effect, and therefore tine qualneu lt,a.Os
on the minority ticket Receiving lne hlBnest
number Of votes WAS elected. He held that
il would not do to deny the right OF canol,
uafa legally elected because his opponent, had
he been qualified, would have received Tue
election lie further stated that he DID NOT Pc
lleve tine House now had tie power 10 oIder
a special election by the issuing OF a writ ny
the spesker. II u vacancy was declared and
ordered to be filled the best way would DC 10
pass a law providing for special election
Jpdge Houston briefly stated that the ~.
| eligibnlty of candidate Tecelvlng the hiShe
| number of votes does not elect the highe9t
| eligible candidate, and that M TINS case tnere
| special election. He also said that failure
10 ill the vacancy will not affect the constitu
| tional powers Of the House.
Judge Wootten held
| l. M ia the imperative duty Of the speaker,
/ ON the declaration by the House that
/ vacancy exists, to issue WITH Ior epeoiA
i election. ,,,,;
d In this case the highest eligible candl-
| date on the minority ticket was not elected.
n In regard to allowing the vacancy 10
i continue: il would be unwise and UNSAFE,
i under such state Of affairs, to take any
| action of importance or OF doubtful consul
4 There is no doubt that the present state
| of affairs is such vacancy as Is contem
plated and provided for In the CONSTITUTION
4 The speaker has the power, under the
| constitution, to issue writ fer q special eiec
| tion in this case. ,;,,,.;,, .iota,
| WAS not elected. a. j..
Judge Whiteley's opinion was, in effect that
the power to issue writ for the special eleo-
lion was und 5ubted that the highest candl
| date ON the minority ticket was nol electeu
| that the vacancy would not anect lhe consu.
tutional powers OF the House; ana thsI
Watsons inelgiDility created such vacancy
| 90 IL contamplsted by the constitution, to DC
allied in the manner provided by the consul
| tuuon Embellishments tIo,,us
| adj0.Gned until p, m.
AFTERNOON SESSION
lover, Jan. T.-The House met az
Mr. Barlow moved that the opinions OF thu
| iudl ca in respect to Representative watson
case be entered the journal. Adoptee =.
Mr. Brown moved that the resolution dc
l clarlng Mr.. Watsons seat Nacan' pe '"Ao'
from the table. a;ao..
{ | tion of the molten until to morrow morning
t Lost by the following vote: ,,aauu
. Ayes-Messrs. Adams, Cannon, learn
: How, johnson, Moore and SALISBURY
= Nays-Messrs. Armstrong, Atkins, barioh
Brown, Ferguson, McCabe, Palmer, Sehapin
Q ger, Taiman, Truitt, Virden, Wilson and u
8 The resolntion was then taken from tn
r table and adopted without division OF an
Q dissenting votes. ,.... o., ~
!. mittee al three to procure the necessar
L stationery for the use OF the members an
@ officers OF the House Adopted.
n MIR. How presented petition from H.
Is Robinson and others, recommending II
10 passage OF the supplement to the DUCK ofet
Improvement Company's charter.
MIR. johnson presented petlton ironi Ies
dents Of school district No. 80, Kent count
for a law authorizing the commissioners
8 "a money now in hand in the creation OF
L, -Hiio1l house. .....,
b new .. ~tsbury presented 2 remonstraaih
3 MIR. Sae -Nasp against any law piohlpl
i. from rs oystt. - IL this State also, I
4 ing oyster dredgh, bill to prohibit
mOnstIance against !. "atxeen May al
! catching OF terrapin y,
October "skaon fro
i Mr.. Schabinger presented pc. u 20
) robert Hargadine and others for a.
! solidatiDg school districts 1902, 103, 50 auu
4 Kent county.
The petitions were referred to the appro
pirate committees.
Bills passed Incorporating The Rescu,
/ HOOK and Ladder Company of Camden
, Senate bill amending and re enacting thu
charter OF The O, II, Treat Manufacturing
Company Of Georgetown.
Bills read first time: To incorporate tht
Security Trust and Safe Deposit Company Of
Wilmington TO provide safeguards against
danger from explosives to amend thu
charter OF Pussy IL Jones Company (increas
ing the capital stock from S756,O0O &c
$l,OOO,000) to incorporate Andastaka Tribe
No. IA, l. o. R M, Of Newport
The use of the hall OF the house, on Tues
day evening, February Sd, was, on motion OF
MIR Salisbury. grantad 10 any committee Of
citizens who desire to speak against the
corporation amendment to the constitution
The speaker announced MeBsrs. Moore
Met'aoe and Schabinger as the special com
m .ttee on stationery.
Adjourned until 10 o'clock tomorrow
morning