Evening journal., 1889-01-10
CONVENTION CONTEST.
The Resolution in Favor OF Calling Con-
vention Passes the Joint sossion-aIassey
Fails to Capture Kent-senatoriaI Cos
sip-stin an Open right.


DOVER, Del, January 9.-The ques
Ion OF convention had its frs
sklrmish to-day. The two houses met in
Joint session shortly after II o'clock il
obedience to the resolution of YESTERDAY
Mr.. Downham called for the reading OF
the returns of the vote of November /
1887, This was done and at its compile.
ton MIR. Downham offered the resolution.
After recital Of the facts of the spec.
lal election in several preambles the reso.
luton proceeds:
Now, therefore, be it resolved
by the Senate and House of Rep.
resentatives Of the State of Delaware IN
SAID joint session assembled that we
have inspected the certificates of said
election so returned to us, and have as
certained the result of the vote cast on
the question Of calling a convention, and
that it appears from the certificates so
returned as aforesaid, that majority of
all the citizens in the state having a right
70 vote Tor Representative, have voted
for convention. And be ii further
Resolved, That this General Assembly
should by statute duly enacted proceed to
call convention, and provide for the
holding Of an election for delegates to
said convention"
Mr. Donahoe then offered the following
as substitute;
where's 1t appears by the certificates
OF the election held on the first Tuesday
Of November, A. D., 1887, in pursuance
OF an act to provide an unexceptionable
mode Of ascertaining the sense of the
people upon the question of calling a
constitutional convention, passed on the
9th day Of April, A. d. 1887, that the
number Of votes cast for convention
was "a, 45O and the number Of votes cast
against convention was 467. And
Whereas, 1t also appears by the official
returns of the elections held in 1872
1884 and 1885, in the month of Novem-
Der in each of those years respectively.
according to the constitution and laws
the following aggregate vote was cast for
representatives, namely: 1882,
1884, ---; 1886, -,
Therefore, be it resolved bN the Gen.
eral Assembly, IN Joint session met that
II is manifest from the foregoing recital
of facts that the number of votes cast
for convention at the aforesaid election
on the first Tuesday in November, 1887. is
less than the largest number Of votes cast
Tor representatives at the elec tion held
as aforesaid in the year 1882 and accord
ing to the method provided in Article TX,
OF the constitution, and also by the afore.
said act Of Assembly for ascertaining
whether a majority OF all the citizens of
the state entitled TO vote for representa-
tives cast at the last mentioned election
for convention, it appears that such
majority did not so vote.
Mr.. Donahoe moved that the blanks in
his resolution be filed by the votes of the
years named The tellers made an in.
eifectual attempt to find what the votes
were, and pending their search an adj
Journment was taken until 3 o'clock
After reassembling Mr.. Donahoe moved
the adoption of his substitute, and it was
lost by vote Of Is TO II, neither speak
ers voting.
The next tactic of the Democratic Oh
position was a substitute offered by Mr..
Armstrong that the power Of the Joint
session did not 80 beyond counting the
vote. When the first vote was taken
Mr.. Kckels rose reluctantly TO his feet
and this time he voted with the Republi
cans and Mr.. Armstrong; substitute was
lost by vote Of 16 to II.
Mr.. Downham pressed the adoption Of
his resolution, and Mr. Armstrong took
the floor. He said in substance: II gonot
want to be understood as opposed to a
convention. In the November election /
voted for convention and am favorable
to calling one at the earliest possible
time, to revise the present Constitution.
Nothing viii result in the passage of this
resolution and it may result in retarding
a convention. 0ou want something more
than a mere piece of legislation. This a
grave question and we are not here
clothed with the authority to decide this
vote. IL we were this act is mandatory
upon us. We.are here to represent the
people. Under my oath taken
as a member / cannot vote
consciensiously for this resolution.
Some contend that it is the inherent
right of the people to change at any time
their fundamental law. Mr.. Bavard held
this view in 1858. If can find any plain
way to lead me out of this dilemma. / am
willing to follow it. If convention is
called on the basis of the last vote. il is
probable that the action will be declared
illegal and the convention retarded. The
better plan would therefore be a bill call.
ing for new election
At the conclusion of Mr. Armstrong;
speech a short time elapsed, as if the
Democrats were waiting for some reply
from the Republican side Of the House.
when Mr.. Whiteman in an excellent
speech, which at once took the attention
Of ell the members, said that he was glad
that this was not aauestion that had been
voted upon entirely strict party lines
that he was here by virtue Of his advo-
caey of constitutional convention.
He cited the House resolution and held
that it completely ignores facts. Mr..
Whiteman claimed that they had no
right under its provisions to pass upon
that resolution. Every detail required in
the act has been left out. Everything
In the call for an election the resolution
repudiates. The attempt to pass this reso-
luton that should be passed bv both
houses was now entirely out Of order
It is said that this resolution is simply to
determine the result of that vote. This /
may be. There is one thing, however,
and that is that this resolution contem-
plates legislative action. II 1t does tits
in my judgment out of place. If it does
not contemplate legislative action. what
could be the achievment Of its passagef5
MIR. Whiteman then read from Harring- /
tons report decision against Joint as I
semblies of the two houses taking legis- |
lative action. "We.are legislative body |
created by that constitution, and when 4
We. took a solemn obligation to protect
and defend it we cannot do otherwise |
than respect our obligations.
Mr.. Lodge followed Mr.. Whiteman in |
q speech.against the resolution, He went
over abont the same ground as the other
members, declaring that he was body and
soul IN favor of new constitution, but