Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-01-14


rather in the nature OF a reply to re-
marks which had been made by other
members and was intended in the
nature of emphasis. A little merriment
followed the remark.
Mr.. Bradford contended that as the
members of the Legislature are bound
by oath to abide by the Constitutions
of the United States and State of
Delaware measure that is unconsti-
tutional will not pass the Legislature.
Ii the question of the constitutiUnality
of measure should arise. it ID en-
titled to be submitted to the Judiciary
OF the State for settlement. He held
that the Governor should not be vested
with power TO block legislation.
At the conclusion of Mr.. Bradford "a
speech adjournment was made to 2
p. m.
When the afternoon session opened,
on motion of MIR. Ellegood the secretary
was instructed to order five additional
copies OF American Constitutions, :"
those which bad been received having
been exhausted.
On Mr.. Cooper's motion, il was
decided to haze printed 800 copies of a
pamphlet containing the names of the
members, committees and other
kindred information.
The convention resolved itself into
committee Of the whole, on Mr..
Hearne's motion, and resumed the
consideration of the report OF the COM
mittee on the Governor and other
executive officers, which was before the
House when the noon recess was taken.
Capt. Dasey made vigorous speech
on the proposed Governors veto. He
said that at the PRESENT time two-
thirds vote is required to pass cor
poration bill, and if provision was
made allowing the passage of a vetoed
measure with less vote it would be
easier to pass vetoed bill than to pass
the measure originally. He did not
want to see too much onem man power,
however.
Mr.. Salisbury spoke in advocacy of
keeping the three branches of govern
ment - Legislative, executive and
judiciary--separat No previous con-
stitutional convention ever gave the
Governor right to interfere with leg
islation, and this convention should be
slow and conservative in overriding and
ignoring the custom OF the people. He
believed that the ono man power is not
in favor in Delaware, and that the
regularly constituted Legislature is
competent to govern. He favored Mr..
Bradford's amendment, providing for
the passage of vetoed measure by a
majority vote.
Mr.. Spruance arose to reply to Mr..
Salisbury. He stated that there is no
feeling among intelligent people of
Delaware against a veto, but there is a
strong sentiment in favor OF il. He
thought Governors should be con ver-
SAINT with the laws and Constitution of
the State, and thought such knowledge
should not be a disqualification Tor
the office. The matter of salary should
cut no figure at all in regard to the
qualifications of Governor. He
favored making the proportion of the
vote on q vetoed measure not of those
present, but OF all the members of tho
Legislature.
DR.. Pratt called for the question on
the amendment.
Mr.. Smithers did not desire to make
a speech. as he thought enough had
been said, but he expressed himself as
being favorable to the majority pro-
vision.
Mr.. Biggs' amendment, substituting
a three. fifths vote ON vetoed measures
for majority vote, as offered by Mr..
Bradford, was put to vote and
carried, l6 voting for and 8 against the
amendment.
Then the amended motion, substi-
tuting three fifths vote for a majority
vote, was adopted, % favorable votes
being cast.
MIR. Bradford thought there should
be provision for reconsideration in
either house, and moved to insert, after
the words ''it shall become law" the
words ''but in neither house shall
vote be taken on the same day on
which the bill shalfhe returned to it. i"
The motion was adopted, and, on
motion of Mr.. Salisbury the portion of
section IA after the insertion was SO
worded as to read correctly.
Mr.. Spruance called for the reading
of section IA, as amended, and after il
had been read moved it's adoption.
Several members discussed different
portions of the section and asked for
and received information.
Mr.. Richards, after intimating that
he desired to make further amend
ment, moved that further considera-
tion be postponed, Mr.. Snruanco hav.
ing expressed willingness to withdraw
the motion.
Mr.. Riggs opposed further post
ponement OF the matter, as "a hours
had already been spent on the dis
cussion, whereupon Mr.. Richards said
he had no serious objection and with
drew his Ymotion. Mr.. Spruance i'm
mediately renewed his motion to adopt
the section as amended. 1t was nut
to vote and adopted unanimously.
The section as amended, which is a
part of article 8, reads as follows:
'Section IA. Every bill which shall
have passed both houses of the General
Assembly shall. before it becomes a
law, be presented to the Governor; if
he approve he shall sign it. but if he
shall not approve he shall return it
with his objections to the house in
which it shall have originated. which
house shall enter the objections at large
on the journal and proceed to recon-
slider it. Ii, after such reconsideration
three. ffths of all the members elected
to that house shall agree to pass the
bill, ii shall be sent together with the
objections to the other house by which
it shall likewise be rsconsidered, and
il approved by three -tifths of all the
members elected to that house, it shall
become law. But in neither house
shall a vote be taken on the same day
on which the bill shall be returned to
it. In all such cases the votes of both
houses shall be determined by yeas and
nays, and names of the msmbers voting
for anu against the bill shall be entered