Evening journal., 1891-04-16


DOVER. April 15-The unconstitu-
tional bugaboo that killed the Myers
ballot machine has attacked the Five
Commissioners bill for New Castle
county, ia addition to the other objec-
tions urged against It. II has been
rumored during the day that Chancellor
Sauisoury aud Chief Justice Comegys
have declared the measure unconstitu-
tional This rumor cannot be verified,
but nevertheless It entered into the
conference of the Democratic members Of
the Senate to-day.
Another feature of the mutual mis-
understanding that causes delay Of the
passage Of the bill Is that Mr.. Williams
has been attacked with the Levi G. Bird
idea that it would be better to hold an
election for ths commissioners the third
Tuesday ii May, when the vote Is to be
taken on the Constitutional Convention
question
These complications are what pre-
vented the bill passing the Senate to-
day
The conference was held during the
noon recess In the committee room in
the third story. Chairman Ross pre-
sided The question was brought up. It
was discussed in all it's bearings. Mr.
NlllhUt insisted lu&b al eltcilon
be held the third Tuesday in May.
Speaker Donahoe contended that II was
contrary 10 the spirit of the constitution
to let any matter enter into the election
other than the question Of calling a con
vention.
Mr. Williams said that II the constitu-
tionality Of such a mode Of procedure
could ke established he would insist
upon such an amendment. He further
stated that he did not believe that under
the constitution the governor had the
right TO appoint these commissioners
that there was no precedent.
Speaker Donshoe told him he could fur
nisn bim precedents, and cited whore the
General Assembly had legislated powers
out Of the City Council OF Wilmington
aud created the Street and Sewer Com
mission, and filed the Offices without
any election. aud the Legislature two
years ago egisated one half Of the City
Council out Of existence. he further
stated that 1t was the governors prerog
ative under the constitution 10 appoint
the commissioners.
It was suggested that the matter be
held over until the question at issue can
be decided by eminent legal minds, and
the suggestion was acted upon.
There Is no doubt but that the bill will
pass " was called up this afternoon by
MIR Ross, and on bis further motion was
rec mmitted. There is now no telling
when ~ will be called up for passage
Speaker Donahoe this evening showed
to Governor Hall the grounds upon which
he maintained that the appointing Of the
8 commissicns under the blil Is constitu
tioug They are found in Section 3,
A~t,aIa ~ lla Ctata Do.sfIfts fi,,t M hf oh
reads:
he Che governor) shall appoint al
officers whose Offices are es tablished By
this q institution or shall be established
by isw and whose appointments are no
herein otherwise provided Tor
wsrid's Fair commispion.
Worlds Fair Commissioner George V
Massey he'd a conference with tn
Special Legislative Committee ia tn
Stste Eonse parlor 20 night TIT
matter undtr consideration was thl
Delaware bill providing for an exhibit
His objections we're that he did not thinl
the national commissioners should bav'
any voice or influence in the state boar,
as * otfioio members At the same time
he thought 10 would be well to allow lad
national commissioners to be members
oA Tie rAAkt toAEut WlNuout Ant ftkAl "
vote he further objected TO the pro
vision Of the bill giving the natlona
commissioners for Delaware eompensa
tion.
The B. s O. Rebate.
Levi O. Bird was here tonight an
held a conference with the spec al com
mittee having in hand the lii tie matte
OF the state allowing the b h o railroa
20 have an annual abatement OF $25, 90
ia state TAX during the rext two Yeas
The committee decided TO report II favor
ably 10 the House. The tug Of war wi
commence when 1t reaches the Senate
The Boys and robAceo.
The toys must not buy tob Geo Ths
is. boys under the age OF l6 years Tb
Senate day passed the House bill Z
that effect
Section / provides that immediatel
upon the passage Of the act IL shall :
unlawful for any deSler IN cigars, cigar
cites or tobacco in any form, or any per
son no. a dealer to sell or give TO an
child under the sge Of l6 years tobac,
in any form whatever, unless upon Il
written order Of the parent, guardian
employer Of such child A violation
the provisions OF the section makes u
FAo4btNl tihhlc " q hhc Va nNA Atoc bLs
So nor more than $25 for each offense =.
Section makes it unlawful for Al
child under 10 years to smoke
chew tobacco in any foim in any pub
place. street OF resort. and any chi
between the ages Of ten and slxte
years convicted Of this offebse shall
fued not less than 81 nor more th
Section 8 makes It misdemeanor
any boy under the age of 10 90 M
represent bis age to the dealer in
noxious weed Such misrepresentati
makes him liable to fne Of So and cos
and in default OF payment he shall
committed to the county prison for
period not exceeding FIVE days
This last section makes Il possible
any little girl to 60 to the dealer, kee
straight face, tell deliberate lie, .
get all the tobacco she wants.
The Senate was filed with habit
smokers when the bill passed and ev
one heavsd a sigh when the vote was
nounced, and mentally observed, "Ths
Goo. am over the age OF sweet sixtee
The Senate stands FIVE smokers and fC
sbstainers, as follows: Smokers
Speaker, Messrs Pilllng. Moore, 3
and Eonston abstainers-Messrs. v
liams. McMullin, Richardson and RI
Messrs. Pilling and Houston, Of
smokers forgot their "boy hoods hal
days down on the farm" and voted