Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-03-25

General Assembly authority to Say of
what judges the court shall BIO com.
posed. IL was agreed to b. unani-
nous vote. !.
Mr., Bradford introduced an amend
ment to the section allowing citizen
OF one county to bring suit at homo
against citizen OF another. The
amendment provided that in case such
action was taken the party complainant
should not DO amenable to extra COSTS
The section as amended was adopted.
Section 30. which Gays that the General
Assembly shall give to inferior courts
jurisdiction of criminal matters where
the punishment cannot excned a fine of
$50 or imprisonment for 30 days, was
noxt taken up. Mr.. Biggs claimed
that the adoption Of this section would
render the municipal court In the city
OF Wilmington practically worthless.
lie said 1T would surely crowd New
Castle Jail great deal more than it is
at present. He offered a substitute
which Is identical with the old consti-
tutional provision. with the exception
that it enunierates among other offences
that OF selling liquor on Sunday or to
minors, and carrying concealed deadly
weapons. Ge .
Mr.. Spruancs said the amendment
should not be adopted and that the
provision In the old Constitution was
dangerous ono, He asserted that the
right Of trial by Jury had already been
set aside in'regard TO one class OF helm
GUS offences bribery and corruption,
but he appealed to the committee as
to whether they were prepared to go
that far in Gases such as had been
enumerated and take that right from
those charged with minor crimes. Mr..
'Biggs' amendment, with slight
change, was adopted.
AT 9.45 the convention adjourned
until this morning.
, Dover. March 24.-The Constitu.
tionaI Convention met yesterday morn
ing at the usual hour, but as several OF
the committees desired to give final
touches to their reports the convention
adionrned until $50 p. M. Upon re-
assembling Mr.. Spruance presented the
report OF the COMMITTEE on elections,
which was referred to the committee
OF the whole and 100 copies ordered
printed. ~ r.
Tie report Of the majority Of the
committee on the manufacture and sale
OF Intoxicating liquors.. and which
has sevon supporters out of the 10
members of the committee, was pre-
scented by Mr.. Ellegood. The minority
report, favored by tho other five men,
beers OF the committee, was presented
by Mr.. Herring. Both reports have
already been published in Every Even
ing. The first three sections of the |
report of the committee on crimes.
punishmepts and impeachments are
identical with those proposed by the
convention of 1852, but section 4 is |
entirely new. The full report is as
follows:
Section /. The House OF Representa-. |
tives shall have the sole power of i'm
but two thirds of all the |
menlbers must concur in an impeach- |
ment. All impeachments shall be tried |
by the Senate, and when sitting for
that purpose, the Senators shall be |
upon oath or affirmation TO do justice |
according to the evidence. No person |
shall be convicted without the concur
renee OF two thirds of all the Senators,
Sec. .. This Governor, and all other
civil officers, under this State. shall be
liable TO impeachment for treason,
bribery, or any high crime and mis-
demeanor in office. Judgment in such |
casos shull not extend further than to
removal from office, and disqualified
tion to hold any Office of honor, trust
or profit, under this State: but the
party convicted SHALL nevertheless, be
subject to Indictment, trial, Judgment
and punishment according to law.
Sec. 3. TREASON against this State
shall consist only in levying war against
it, or in adhering to the enemies of the
government, giving them aid and com.
Tort. No person shall be convicted of
treason, unless on the testimony of two
witnesses to the same overt act, or on
in open court.
Sec. q. LII any officer whose office is
by this Constitution, or
shall be established by law, shall be
,omo incapable of the proper discharge
II the duties of his Office by reason of
physical disability or in.
competency, or from other sufficient
'ause less than Cause of impeachment,
uch officer may be removed by. the
Governor, applications to that effect
icing made to him by a concurrence
i two thirds of each branch OF tho
General Assembly.
The report Of the committee on
lections was brought up for considera-
ion last night. It is the fourth report
hat has emanated from that body and
S submitted reads as follows:
Soc. 9. The presiding election officer
I ench hundred or election district,
ball on the day next after the general
lection, deliver one OF the certificates
{ the election, made and certified as
equireu by law, together with the
allot boxea, containing the ballots, ,
he other certificate of election and
UGH other papers as shall by law he ,
equired to be placed therein, tol,the
rothonotary OF the superior court of
be county, who shall at - o'clnck 7
DON on tho second day after the i
lection present tho same to the said !
ourt, whiuh shall convene for the per- !
,rmanca of the duties hereby imposed !
pom it; and thereupon tho said court, 3
18th the aid of such of its officers and
UGH sworn assistants as 1t shall an
pint, shall publicly ascertain the state (
election throughout the county, by
liculating the aggregate amount of e
Il the votes for each office that shall i
. given in all the hundreds and :
eution districts of the county for a
'ery person voted for for such ONCE. I,
In case the certificate of election Of 4
~ hundred or election district shall
1t be produced, or in case Of com.
aint under oath OF fraud or mistake
any such certificate. or in case fraud :,
mistake is apparent on the face of y
~ such certificate, the court shall y