Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1891-05-06

1mE Pipes IN WiimtnEfon-Dtckey and
staAss WIN Geethe Appointments to the
Receiver and ComptroIIerships.
staa Correspondence EVENING JOURNAL
DOVER, May 5.--The vote on the bill.
for the condemnation of Silverbrook
(which passed the Senate Yesterday was
reeonsidered to-day, on motion of Mr..
Ross
The cause OF this reconsideration was
that the bill did not receive the two
thirds vote that all acts affecting corpo
rations must receive. Then again the
Jessup and Moore Paper Company threat
ened 10 carry the matter into the courts
on the ground that this fact made the
act Invalid. In order to prevent the
possibility OF such litigation, Speaker
Donahoe arranged that the bill should be
reconsfdered
Before putting the question of recon
siderstien, be said:
Before ! pat the motion | wish to
state nv position in this matter. con
sidered the bill, not having heard II read,
an ordinary statute bill relating to
eminent domain, and therefore not re.
quir ng two thirds vote. never read
the bill aud did not know that the two
thirds provision was in the enactinR
clause
In the legal sense the right Of eminent
domain implies the privileges which the
law recognizes in the state to take
private property for public use and is q
privilege which can only be exercised by
due process Of law and by first compen-
satiDg the person whose property 10 thus
appropriated to public use A feature OF
the reconsideration was that Clerk Hearn
had taken the bill over to the House and
the Senate had to request its return.
In Justice TO Speaker Donahoe 1t might
be said that when the bill was called up
yesterday he did not know Ii was the
Silverbrook bill After ordering Clerk
Hearn 10 read the bill the speaker re-
qnested Senator Williams TO relieve him
while he went to the cloak room for a
moment AS he was crossing the cham
Der he found out what the bill was and
remarked TO Senator Ross: Don't hurry
that bill IS want to vote for 1t as soon
as / core in
When he returned to the Senate
chamber the dill had been read and
Senator Pilling had just taken the floor
TO state bis objections TO the bill The
railing Of the lobby. From this position
he defended and advocated the passage
Of the bill. He did not hear the enacting
clause read, AMI therefore did not know
that Il read two thirds Of each branch
concurring herein" In making his de-
cision when be resumed the chair he de
clared the bill passed
During the noon recess Senator Will
liams told the speaker that he had read
the bill and 1t required a two thirds
vote During the afternoon session he
stated from the chair that he had learned
that fact. and with the consent Of the
Senate he would withdraw his decision
and reserve 1t. Senator Pilling conteDded
that the decision should be that the bill
was either lost or passed The speaker
said Then under such conditions |
stand by my decision and declare the bill
passed
The Street and sewer Snake.
A snake has been scotched in the
Senate II Ia Wilmington Street and
Sewer Commissioners snake. run Ia the
Interest Of the Whining on Coal Gas
Company. II is Of the boaconstrictor
order and was conceived TO squeeze the
life ont Of the 0xy Hydrogen Company,
terested
The Street aud Sewer Department
lobby seems to be here for the express
purpose OF furthering the interests Of
the Jessup and Moore Paper Company
and the Wilmington Coal Gas Company
Mr. Carpenter apparently takes great
deal more interest Ia the defeat Of the
bill for the condemnation OF Silverbrook
than either Mr. Salisbury or Mr.. Brad
ford, paid attorneys for that corpora
ton.
BE could not take more interest in it
II be were q paid attorney himself. Love
Of the city is his pretext for this oppos-
ton, aud hobnobbing with the paid
attcrnies Of the paper company is his
delight he is, apparently, In his own
mind. the only man who, during this
session, has left his city for bis city's
good The interests OF Jessup and Moore
Com 3sny and the Wilmington Coal Gas
Company are safe In the hands OF the
chosen representative OF this Republican
municipal bocy, which seeks to arrogate
20 itself the functions OF a legislative
body BY . legislative enactment. so far as
his influence extends.
Tbs snake is also being chased through
ths General Assembly by him 1t was
introduced in the House April a. read
ana referred to the Committee on Munici
pa Corporations April IS; reported
favorabiy April 10; read third time and
passed the House April 17-virtually
railro&oed through the lower branch.
II was introduced Ia the Senate
April n the rule was suspended; 1t was
given ite second reading and referred 70
the Committee on Cities and Towns, OF
which Mr. Ross Is chairman.
The following is the full text OF the
bill
"An Act in Relation to the Sire its OF
the City OF Wilmington.
Be Il enacted BY the Senate and
House Of Representatives OF the State Of
Delaware In General Assembly met two
thirds OF each branch thereof herein
concurring).
Section l. That 1t shall not be lawful
for any person, firm or corporation ts
open or excavate any portion Of the pub
lie streets or highways Of the City o.
Wilmington lying and being within tn,
control and jurisdiction Of the Board o.
Directors OF the Street and Sewer De.
pArtment. without the consent aud per-
mIesioD, in writing, Of the said boart
being first had and obtained. ANY per.
son, firm or corporation, who shall violat,
the provisions Of this section, shall b
guilty Of 8 misdemeanor, and upon con
viction thereof forfeit and pay q fine o
not less than twenty Eve $3.50 nor NOR,
than two hundred dollars ($200)"
This bill Is greatly exercising tn
Addicks men. Il need not, however. a
the bill will never pass the Senate.
will be another bill 'Donahoedn ia th
full meaning OF the term The speake