Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-06-27

'Ny ~" 'hhttcI nVef TWO WbeHd.
M. Quian declared that the committee
nad seen the original bill, and knew per.
lectiy well what they were about. Hls
motion prevailed and Clerk Meseick then
read the repert OF the testimony, which has
already been fully detailed, and then read
tns nommittes'a report, which Ia rs fDllows:
WILMiyGToS, June 10th, 1Sa9-T ths Prssidsn,
~" ueinhe ar M 'Cdnnci--GRNTLEMEN Tho
hW coInmittce to whom was referred tho mat
@ .et ol the inveatlgation Of the passago at the
late session OF the General Assembly Of this
slhte Of the amendment to the so called
,'fluer' TO Senate bill No. i54, entitled ian act
70 Vaeate certain lands in the city of Whining
Wm; peg leave to make the following report:
The cominittee proceeded 10 request the A.
tendance Of certain witnesses whose testimony
was taken under oath and reduced 70 writing
which, together with the letters Of certain gen
lemon directed 10 the clerk Of the committee
hnsolntoiy refusing 10 be examined by this
committee touching the subject matter Under
iayestlgation, is herewith attached and II is
the the desire oi your committee that the same be
taken as part Of this report
IL is the opinion OF the committee, and which
we submit Is fully warranted by tho testimony
entirely unquestioned, that the rider attached
70 me q street bill, providing for the repeal Of
chapter ls9, Volume XVIII, Laws Of Delaware,
which requires the funds Of the Street and
sewer Department to be deposited In the snme
bank that the city funds are kept IN was, 10
say the least, irregularly introduced in the
General Assembly, while there are very grave
reasons for believing that It was ssurreptitiously
Incorporated into the original bill after tho
passage 0f the measure by the House. As a
matter OF fact, the sC-called q street bill was
upon the request Of the president Of the Street
ana sewer Department, called up in the House
on me evening prior TO the day OF adjournment
and read tlrst and second times and referred
70 me committee on munielpRl corporations.
IN the shrnn evening and during the same sit
tlng the gentleman In whose charge the bill
whs, Theodore r. Armstrong, was requested by
the said president OF the Street and Sewer De.
partment 10 call tho bill up for final passage
through, the House. Acting upon this request
and calling upon tho clerk OF the House and
likewise the chairman Of the committee on
municipal corporations he was informed by
that gentleman that the bill was In possession
Of Lewis G. yandegritt, Esq, of the city Of Will
the Dill he was informed 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 read
ing and passed the House.
with respect 70 the passage Of the bill by the
House, Mr.. Armstrong, in testimony before
the committee, was very clear and positive in
his recollecttons that no amendment of any
kind was offered to the measure by himself or
any other member Of tho body. As MIR. Arm-
strong had charge Of the bill and II devolved
upon him TO explain TO the House the charac-
ter Of Its provisions his recollection upon this
point cannot be otherwise than strictly accur-
alto and reliable. That an amendment had
been prepared at tho dictation Of City Solicitor
Turner, 10 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.. Tur-
nor, hut the clear recollection of Mr. ARM
strong, supported by the evidence of Mr..
George W. Eckols and George w. Lodge, Esq,
members Of the House, who are also positive
that no amendments were offered to the bill
on its ilnal passage through the House. is re-
garded by your committee as proof con-
elusive that no attempt whatever was made
TO amend the bill In regular form In that
body. In view Of thlsEfact the committee IL
Of the opinion that the bill passed the House
IN precisely the shape in which 1t came
from the Senate, and 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 max
ing record OF any amendment, as wouldhave
been required had any amendment been Of
rered ana adopted. From tnesa ftcts WliulI
were adduced by documentary evidence and
the unimpeached testimony OF reputable wit
nesses, coupled with The positive, almost inso-
lent refusal Of certain parties who are sup
posed tn have full knowledge of how the en-
tire scheme was managed, 10 appear before
tho committee and give testimony. we feel JUS
Tiled In uniting upon the following reasOn0 Bile
inference. That after the bill In Its original
shape had passed the House. the hmendment
written By Joseph l.. Carpenter, Jr,, at Mr.
objectionable rider had subsequent" been
aded, was simply embodied within the origi-
nal bill and the document returned 70 the SEN
ate with the information that the House had
concurred In the bill with an amendment, and
requested the concurrence OF the senate in
said amendment, whereupon the amendment
was read in the Senate and by motion con-
CURED in, tnis fact being duly recorded by tho
clerk Of tue Senate In MS endorsement upon
the back Of the bill.
II WAS further testified before your commit
fee that the proceedings in The senate upon
the amendment thus traudulenty interpo-
lated into the original bill were very con-
taken during the enforced absence
0f Senator John p Donahoe and others VINO
were opposed 10 the legislation secured ny the
secret rider and who undoubtedly would have
defented lis existence had they heard the
bogus amendment read Ono gentleman,
Willard saul ,bury, Jr., Esq, who was in the
Senate for ths express purpose OF guarding
against The pa sage o. any measure accom-; l,Gs
ont Dy Lewis o. Nqndegiif; on trivial pretext
and Il wa. durihg his brief absence that the
amendment was read and concurred in, Your
comm ttce Is OF the opinion, however. that,
with nossibly two exceptions, none of the mem
bera OF the Senate knew the nature or intent
Of the "ride.,' or supposed II had any other
than n legitimate connection with the SUBJECT
matter Of the bill.
TIE "fider' that was attached to the amend
Inent was 10 different handwrit ng from the
balance OF the measure, and by fortunate
Of comparison win an autosraph
letter Of undoubted authenticity your commit
tee felt justified In declaring that the rider was
written by Charles Ii. Maull, member OF the
House OF Repre eSentatives from sussex connt..
Such are the facts developed by the lnvestl-
CATION Of the committee into The means at
/, tnpted to secure passage OF measure nj
fectinc the control OF the city funds which the
General Assembly after a tnll nearing OF all
the parties Interested mad refused 10 pass
What IL the eNact legal force OF the measure,
which will appear in the printed laws as a
legally enacted statute Of the State Of Della
ware, your committee think can only be deter
mined by adjudication In the courts. But We
feel Justified In declaring that in our opinion
ihe entire transaction was an outrageous vlo-
lntlnn Of the confidence which members OF the
General Assembly had right TO expect from
those asking legislation, and despirable at
trmpt to secure by unfair means that which
roilll not have been Obtained through the reg
nlar channels OF Legislation. " was danger
Dus scheme Of tainpering with me law making
power OF the people, which should receive the
of all citizens who feel con-
sern In proper and honorable legislation and
the welfare Of the state.
The failure Of your committee to place abso-
utely and beyond question the responsibility
AZ the obnoxious ''rider' thus clothed with a
legislative sanct on Of such doubtful legality,
S due To It's Inability to compel the attendance
1f witnesses whose testimony would have un- |
located 10 n certainty the person or
persons guilty: and here your committee would
most respectfully recommend that such
be made 10 our clty cnhrter as
Win give TO Council and to It's committees the
powcl and authority to compel the attendance
N witnesses I'm ali matters touching the in
.erosts oi ,ne city. Respectfully submitted,
DANIEL A. FORREST,
AARON 5. BEALE,
MnLItN II. QulNN,
SAMukL CHAMBERS,
ISAAC DILLiN,
Committee.
Mr.. Forrest moved that the report De
adopted and Mr.. Johnson called FOR the
M an unanimous affirmative vote Of %
ayes. .,., A.