Evening journal., 1889-04-05


DOVER, Del, April Representative
Sackett was happy man tonight. His
usual smiling face has been a perfect
sunshine ever since the House this morn
ing passed his Peach Yellows bill
Another additional excuse for his hilarity
and JOY Is that he has assurances from
some OF the Senators that his bill will go
through the Senate without any diff
Guilty. Before placing the bill upon its
hnal passage number of amendments
were made to it. The most important
being the striking out Of section seven,
which made it a misdemeanor for
grower to ship premature fruit The
number of commissioners who are to
view the suspected trees was increased
from FIVE 10 ten. and the growers was
allowed twenty days TO remove the trees.
The line in the original bill was retained.
1t starts at a point at WhitleysBurg on
the Delaware and Maryland line goes
east thence to Hollandsvil.e, thence to
FELTON,, thence TO Frederick and from
that town follows the Murderldll river
until the bay shore is reached. The
commissioners are given power to tear
out the trees Of any suspected orchard
The bill goes into operation at once and
much good is expected from 1t. The
growers of Sussex are unanimously in
favor of the bill. AT present the disease
has not affected them and there is a
wholesome fear of It. There are but
few orchards in lower Kent affected.
BOUNDARY LEGISLATION
The Boundary bill run up against a
snag in the House to-day. 1t was sup.
posed that there would be no opposition
and very likely there would not have
been had not Mr.. Whiteman this morn
ing when the bill come up for considera-
tion raised constitutional objections TO
the bill Mr. Whiteman said that he
was in thorough accord with the names
In the bill but this was an important
matter and one that concerned him more
than any other person 10 the House He
lived within mile or so Of the line and
there we're people in his hundred who did
not know where they lived Their prop
erty was assessed by both the Delaware
and Pennsylvania officers There was
gentleman who was very thoroughly in
formed on this matter who said that the
state would gain by resuryey Of the
matter, However this might be he did
not desire to see anybody appointed on
the commission who might be legally dis
qualified, and thus make the action Of the
NtAamAoHioh nun huu Nuiu. ne ulu not
believe, first, that the Legislature had
power to appoint any officers, and sec
ondly, he did not believe that any mem
Der Of the Legislature could legally serve
In support of the first position he cited
section 8, article of the constitution as
follows tHe shall appoint all officers
whose offices are established by this con.
stitution, or shall be established by law
and whose appointments are not herein
otherwise provided for"
As to members OF either house not be-
ing eligible he quoted section 10 of arti.
Gle IL, as follows: mo Senator or Repre-
sentative shall during the term for
which he shall have been elected, be ap-
pointed to any civil Office under this
state, which should have been created. or
the emoluments shall have been in
creased during such term.
If the first ground Is good then the
auditor Of accounts is daily violation of
its provisions Speaker Hoffecker was
called upon and said that he would not
have spoken if he had not been called
upon. but before the bill had come up he
had consulted his legal adviser, Mr..
Massey, and asked him about his right
to serve and Mr.. Massey haa said there
could be no objection to his serving.
The bin at the afternoon session was
postponed until Monday next In the
meantime legal advice WIN be secured.
CITY BILLS
Senator Donahoe, as result Of City
Solicitor Turner's visit, gave notice of
three new bills. The first one is entitled
an act in relation to highways and over
head crossings This compels the rail
road companies in the city Of Whining
ton to build approaches TO their overhead
crossings The second is to vacate GER
tain public lands in the city. The third
is to enable the city TO sell certain prop
erty. He also introduced an act to repeal
the tax on manufacturers and one TO lie
peal the tax on merchants The latter
is the five dollar and one dollar on each
one thousand dollar licence tax, about
which there has been SO much complaint
for years past. There is not much hope
of either Of the latter bills passing al the
present session Already there have
been several attempts to cut down state
taxation, but it is not thought that they
viii be successful, as the states expenses
for the next two years bid fair to be
higher than for years past, and If the
first Republican Legislature for years
continues in its present good shape the
surplus will be quickly wiped out.
AGAINST ADDIcKs.
The FIRST remonstrance against the Ad-
dicks bill appeared to-day and comes
from Brandywine hundred. 1t is in the
following words: 1--WE. the undersigned,
citizens Of the State Of Delaware. dc
most earnestly protest by the passage By
the General Assembly of this state of al
act entitled IAN act to incorporate The
Peninsula Investment Company, we be
lieve shat to legalize such a monopoly a,
that sought after in this bill would be 4
gross outrage upon the rights Of the
citizens of this state, and a company
chartered under its provisions, could and
would be a constant menance to the
future prosperity of corporate as well as
individual enterprise in this state. Ex
perience has shown that the practical re
suits of similar schemes in other state:
have been TO create gigantic and bur
densome monopoly at the cost of thu
people lnasmuch as the promoters o.
this scheme are not identified in anyway
with the material interests of this stat
we respectfully suggest that the Legis
lature Of Delaware should follow the ex
ample Of several other states which hav
refused to be instrumental in legalizin
the existence of corporations havin
such unlimited powers. The remon
STRANGE contain the names Of twenty-hv
persons.
AGAINST PROHIBITION.
As before remarked in this correspond
cnce, the act Incorporating the town Q
Chesswold contained section forbiddin
for sll time to come the sale of iutoxicai