The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-03-16
sIAIl eOHysAIIua.
'An Interesting sessior-Impor-
tant Changes to be Made
in the Judiciary.

the revenue and taxes The report adopt.
cd Ia as follows:
Section 1. All taxes shall be uniform
upon the same class of subjects within the
territorial limits Of the authority levying
the tax, and shall be levied and collected
under general laws, but the General AS.
sembly may be general laws exempt from
taxation such property, as in the opinion
Of the General Assembly will best promote
the publcwelfare.
Section .. All bills for raising revenue
shall originate In the House of Represent.
atives: but the Senate may propose altera-
tions as on other bills; and no bill, from
the operation of which, when passed into
law; revenue may incidentally arise,
shall be accounted n bill for raising reve-
nue.; nor shall any matter or clause what
ever, not Immediately relating to nd ne
ccssary for raising revenue be In any man
ner blended with or annexed to bill for
raising revenue
Section 3. No money shall be borrowed
or debt created by or on behalf of the state,
but pursuant to an act of the General AS.
eembly passed the concurrence of three
iourths OF all the members elected to each
bouse, except to supply casual deficiencies
OF revenue, repel invasion, suppress insur.
roctions, defend the slate in war, or pay.
ing existing debts; and any law authoriz-
Ing the borrowing of money by or on be-
for which the money is to be borrowed,
and the money so borrowed shall be used
exclusively for such purpose; but should
the money so borrowed or any part thereof
be left after the abandonment of such
purpose or the ACCOMPLISHMENT thereof,
such money or the surplus thereof may be
disposed Of according to law.
Section l.. No appropriation of the pub
lie money shall be made to, nor the bonds
of this state be issued or loaned to nor
shall the credit of the state by the guaran-
tee or the endorsement of the bonds or 9th.
or undertakings OF any county, munici.
pality or corporation, be pledged other
wise than by enactment of the Legislature
receiving the Affirmative vote of four, BIS
ofall the members elected to each branch
thereof.
Section .. The General Assembly may
also provide for levying capitatlon tax
upon every male citizen of the State of the
ago OF twenty one years and over, but said
capitation tax shall not exceed the sum of
one dollar year and shall BIO used oxclu.
siyely in the county in which it is collect.
cd and for maintaining the roads and
bridges of such county.
Section g. No money shall BIO drawn
from the treasury but pursuant to an APP
preparation made by act Of the General
Assembly, provided, however, that the
compensation of members Of the General
Assehlbly anu All tApenSt5 CO0neCIeu WIN
the session thereof may BIO paid out of the
treasury pursuant to resolution in that be-
hall A regular account of the receipts
and expenditures of all public money shall
epublished annually.
Mr.. Spruance said that section 7 had al.
ready been voluminously discussed, but
suggested another amendment which he
thought necessary in regard to the city of
Wilmington.
DR.. Pratt said he believed the whole
matter Of taxation should be left to the
Legislature where 1t had been now for
,sixty-fy years. He took Mr.. Spruance to
task for voting for the tax proposition
when the first report was under consider.
alton.
Mr. Spruance said his object was to re-
strain the Legislature from doing things
which would proven furious to the people.
This, he said, was the real object of the
constitution. He claimed the open aud
hyowed object of the Single Takers was to
teonfiscate ownership in land.
DIR. Pratt accused Mr.. Spruance of being
one OF party which conllscated millions
OF dollars worth of property in this roun.
n try. He said he did not wish the gentle
imam from Wilmington to place him In a
false position.
Mr.. Spruance said he had been elsewhere
attacked as man who wi she'd to gag the
people. He did not see why he should be
held more responsible than the seven
Others who voted with him. He said; 1--WE
have been told that we in Delaware don't
own our own land, and these people pro-
pose to go further and contlscate it, i do
propose to restrain and prevent anything
OF this kind if can. 1t is dangerous, and
would not only upset private ownership in
real estate, but would destroy society and
result in Communistic system OF govern
Inent'"
M vote was taknn nv, Snntinp
There is a difference of opinion between
the committee on Judiciary The major
ity report will DO rs follows;
Section |, The judicial power of this
state shall be vested in q Slprcne CUurt,a
Superior Court, Court Of Chancery, an
Orphans Court, Court Of Oyer and Ter
miner, Court of General Sessions. a
Register Court, justices Of the peace and
such other courts as the General Assem-
bly,, with the concurrence Of LwO-t birds of
all the members elected to each house,
shall from tim to time by law establish,
Section z. TAcre shall be six sta Q judg.
es One OF them shall be chance llUr, one
oil them chlet justice and the other four
associate judges
The chancellor, chief justice and one of
the associate Judges may b. appointed
from and reside in any part of the state
The other three associate Judges may be
appointed from any part Of the state, but
no TWO of them can reside in the same |
county. In case the commission of two or
lnore of the associate judges shall be of the |
date, they shall, as soon AS conveniently |
may be after their appointment, determine |
ther seniority by lot and certify the re-
suit to the governor.
Section 3 The chancellor chief iustic, |
and associate judges shall be appointed by
She governor by and with the consent Of |
three htths OF all members elected to the
Senate, for the term of twelve years, if |
they shall so long behave themselves well
and II vacancy shall &C IT,, by expiration
OF term or otherwise, ut IL time when the
senate shall not be in session, the gOvern-
or shall within thirty days after tho hap
Penlng OF any such vacancy convene the
Senate for the purpose Of confirming hi,
appointment to fill said vacancy and such
obher executive business us may come be-
fore 1t for action.
Such vacancy shall be filled as aforesaid
for the full term. The said appointments
snail Dc such that no more than three of ,
the said SIX Judges in office at the same |
time, shall have been appointed from the
same political party.
section l. Any Of the said judges shall |
have the right to resign his Office after
reaching the age Of seventy years, and
thereafter receive the full salary attached
10 THE Office until the end Of tie term for !
which he was appointed, provided that |
curing sad term, aud before his rcsigna |
tiOn, ne shall have continued III the active |
discharge of his duties for at least one. !
half of said term.
Section } Tho chancellor. chief Justice |
and associate judges shall respectively re-
ceive from the State tor their services A |
compensation which shall be fixed by law |
and paid quarterly, and shall not be less |
than the annual sum of three thousand
dollars, and they shall not receive any fees
81 perquisltes III luit.on to their salaries !
for business done by them, except rs pro
vided by law. They shall hold no other
ofiGc Of profit
Section g The chief justice md the
four associate judges shall he the Judges
of the Superior Court, the Court Of I;0ner-
81 Sessions and the Court Of Oyer and
Terminer
They shall designate those Of their mum.
Der who shall hold the said courts in the |
several counties, but no more than three
oil them shall sit together in any of the |
sad courts In each Of the said courts the |
Oh # Justice when present shall preside,
and IN his absence the senior associate |
judge present. shall preside Two shall |
constitute quorum in said courts rcspeC. |
lively, but one may open and adjourn
court