Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1889-06-22
THAT G RI Err.
IRREGULAR EUT NO POSITIVE
LvioENCE.
The Committee Recommend Taking the
Matter Before the Court ana City
Council Approves 1t.

hitu copy ot the Dill; II IL hau
not, there YVES no knowledge that such
bill had ever been before the legislature.
lie moved the consideration of the mat
ter be postponed two weeks but his mo-
tion was not seconded.
Mr.. Quinn informed Mr.. Sharkey that
the committee had a copy of the bill.
Mr.. Sharkey wanted to know what the
Legislative Committee had been doing
all winter at Dover to let this bill pass.
1t spent $3.50 OF the city's money and
City Solicitor Turner was paid sos more.
Mr.. Quinn's motion was adopted and
the report, together with the evidence
taken in the Ease. The following Is the
report;
WILMINeToN, june 90, 1889.
To the President and Members of tie
Council.
GENTLEMEN: The Law Committee to
whom was referred the matter of the in
vestigation of the passage at the late
session OF the General Assembly of this
state of the amendment TO the so-called
"rider" TO Senate bill No. 1874, entitled
ian act to vacate certain lands In the
city of Wilmington" beg leave to make
the following report.
The committee proceeded to request
the attendance of certain witnesses whose
testimony was taken under oath and re-
duced to writing, which, together with
the letters of certain gentlemen directed
to the clerk Of the committee absolutely
refusing to be examined by this commit
tee touching the sub'ect-n after lunder
inve. tigation, is herewith attached, and
II is the desire Of your committee that
the same be taken as part of this re-
port.
1t is the opinion of the committee, and
which we submit Ia fully warranted by
the testimony entirely unquestioned, that
the rider attached to the g Street bill,
providing for the reI cal of chapter 189,
volume 18, Laws of Delaware, which re-
auires the funds of the Street and Sewer
Department be deposited In the same
bank that the city funds are kept was. to
say the least, irregularly introduced in
the GenPIal Assembly, while there are
very grave reasons for believing that 1t
was surreptitiously incorporated into the
original bill after the passage OF the mea-
sure by the House. As matter of fact,
the so-called u Street bill was, upon the
request OF the president Of the Street and
Sewer Department, called up in the
House on the evening prior to the day OF
adjournment and read first and second
times and referr,d 10 the Committee on
Municipal Corporations On the same
evening and during the same sitting the
gentleman in whose charge the bill was,
| Theodore +. Armstrong, was requested
by the sold president of the Street and
Sewer Department to call the bill up for
final passage through the House.
| Acting upon this request and calling
upon the clerk of the House and like
wise the chairman of the Committee on
Municipal Corporations LIE was informed
by that ntleman that the bill was In
possession of Lewis G. Vandegrift, Esq.
of the city of Wilmington. Calling upon
Mr.. Vandegrlft for the bill he was In
formed that there was an amendment to
be added. This was reported to the
president of the Street and Sewer De.
partment and the bill went over until
the next day, when 1t was called up for
the third reading and passed the House.
| With respect to the passage of the bill
by the House, Mr.. Armstrong, in testi-
mony before the committee, was very
clear and positive In his recollections
that no amendment of any kind was
offered to the measure by himself or any
other member OF the body. AS Mr.. Arm
strong had charge of the bill and IL de-
volved upon him to explain to the House
the character OF it's provisions, his recol-
lections upon this point cannot be other
wise than strictly accurate and reliable
That an amendment had been prepared
at the dictation of City Solicitor Turner
to meet objections urged against the
original bill by George G. Lobdell on
behalf of adjacent land owners, was
made known to your committee by
the testimony OF Mr.. Turner, but
the clear recollection OF Mr.. Arm
IatH taA bNv 1a attf.l
Mr.. George w. Eckels and George w.
Lodge, Esq, members of the House, who
are also positive that no amendments
were offered to the bill on It's final pas-
sage through the House, Is regarded by
your committee as proof conclusive that
no attempt whatever was made to amend
the bill In regular form In that body. In
view of the fact that the bill passed the
House in precisely the shape In which 1t
came from the Senate this conclusion is
further strengthened by the endorsement
on the back of the bill by William A.
Gum, clerk of the House, which simply
states that the bill was read third time
and passed, without making record OF
any amendment, as would have been re
quired had any amendment been offered
and adopted. From these facts which
were adduced by documentary evidence
and the unlmpeached testimony of re-
putable witnesses coupled with the posi-
! tive, almost insolent refusal of certain
parties who are supposed to have a full
knowledge Of hov the entire scheme was
maptgot,, 10 app5 ar before the commit
tee aud give testimony, we feel justified
In uniting upon the following reasonable
inference:
That alter the bill in Its original shape
had passed the House, the amendmei
written by Joseph l.. Carpenter, DR., at
Mr.. Turner's dictation, TO which amend
ment the Objectionable rider had subse
quently been added, was simply ,nfoldel
within the original bill and the document
returned to the Senate with The inlorma-
ton that the House had eoncurled in the
bill with an amendment, aud requested
tie concurrence of the Senate In said
amendment, whereupoL the amendment
was read in the Senate and by motion
concurred in, this fact being duly re-
corded by tho clerk OF the Senate In his
endorsement upon the back OF tho bill.
1t was further testified before your
committee that the proceedings in the
Senate upon the amendment thus iraudu,
lently interpolated into the original bill
were very conveniently taken during the
enforced absence OF Senator John 2.
Donahoe and others who were opposed to
the legislation secured by the secret rider
and who undoubtedly would have de.
teated its existence had they h, ard the
bogus amendment read. One gentleman,
Willsrd salisbury, Jr., Eco, who
was in the Senate for the express purpose
of guarding against the passage of any
measure accomplishing the purpose OF