Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-05-27
CONSTITUTIONAL CONVENTION
Report of Committee on Educa-
ton Considered. 5
ELECTED A LIVELY DISCUSSION
Motion to Strike Outthe Article
Withdrawn.


STAFF Correspondence of Gazette aud Journol.
Dover, May 20. lit was made evident
yesterday in the Constitutional Conyen-
ton that the rennrt OF the committee
IN education, and which is known as
article 10. does not meet with the APP
proval uf many mombers some desiring
TO have the whole article stricken out
of the Constitution.
Mr.. Hearne's motion 10 strike out
the whole article was not acted upon,
us Mr.. Gilchrisr, who was chairman of
tho committee on education, and who
spent considerable time in framing the
report, had the consideration OF tho
article postponed for the present.
AS soon as the convention assembled
in the morning Mr.. Spruauce resumed
his attack upon that section OF article
5, which fixes the penalties to be i'm
posed upon all who bet or wager money
on the result of an election. He sub
mitted several amendments, but tho
convention seemed indisposed 10 GLOW
the section to be altered any further.
Finally Or. Pratt succeeded in having
the following adopted, which in a
measure modifies the sincerity of the
clause prohibiting betting: but the
penalty of disfranchisament shall not
apply to any person making or being a
party to any bet or wager depeuuing
upon the result of any such general,
special, municipal ar primary election,
| or convention, or meeting"
The consideration OF the balance Of
| the article resulted IN its adoption
without any further amendment but the
section which refers 10 the ascertain.
| - 10 Is al poa
again laid over because it is desired TO
| consult the recently. enacted bill In re-
: lation to tine duties of the board Of
canvass. ~
After the article upon Education"
bad been laid over. article 0, "Corpora1
rions,'' was called up, and upon motion
of Mr.. Salisbury the clause exempting
municipal corporations and corpora
| tions for charitable, penal or educa-
tional purposes from the provision pre-
venting amendments, renewals or re-
virals OF the charter except under gen.
eral law was amended so as to include
10 the exemption banks.
| Mr.. Spruance raised a storm when
| he offered another amendment exempt
| ing railroads of all kinds, which DR..
Pratt opposed vigorously, saying rhat
the article might just as we'll be stricken
out entirely il such an amendment
were to prevail, because it would he
practically useless.
At the conclusion OF DR.. Pratt's re-
marks the convention took recess
until 2. 30 y. m.
Mr.. Spruance's amendment was the
1 frs. called up in the afternoon and the
convention refused to concur therein.
The section was then adopted as
amended, and there was no opposi
ton to sections 2 and 8.
When section 4lcame before the con-
vention under a motion to adopt, DR..
Pratt asked for an explanation thereof.
1t says that "ths' rights, privileges,
immunities and estates Of religious
societies and corporate bodies, except
as herein otherwise provided. shull
remain as il the Constitution OF this
State bad not been altered. /"
Tbs section had been added by the
committee on phrassology and arrange
ment. but had not been considered by
the cUmmittea on corporations. Mr..
Spruance explained that the section
was the same as in the old Constitu-
tiou and il was then adopted.
DIR. Pratt then offered an additional
section providing that no corporation
/ Buull DuSiu6ad uubil ~ Ittf
cent OF it's authorized capital shall have
been paid into its treasury in cash.
The convention refused to accept the
proposed section, but upon the next,
which will be known as section 5of the
report, he was more fortunate, as IL
was adopted. 1t is:
''Sec. 5. No foreign corporation shall
do any business in this State without
having an authorized agent or agents
IN the State upon whom legal process
may he served"
This vote was afterwards reconsidered
and motion to amend by mating II
operative only when business Is con
Quoted Through or by branch offices,
agents or representatives located in this
State,'' offered by Mr.. Spruance, coca
stoned much discussion, the argument
being the same practically as when the
matter was under consideration in com
mittee of the whole.
Mr. Spruauce's amendment was re-
jected, and when motion to adop,
tbe section was again made the argu
ment was renewed. after 1t had con.
tinued for some time, DIR. Carlisle sue
ceeded in having the vote by which
the above amendment offered by Mr..
Spruanoe, was defeated reconsidered.
the motion TO reconsider prevailed,
and DIR. Pratt again took the floor,
arguing in opposition to the amend
ment.
Mr.. Biggs maintained that unless
the amendment was adopted the people
of thu State would be the losers, because
II would be a disadvantage IL tina peopl,
were denied the right to trade In the
open market.
The amendment was a,ioptad by a
viva voce vote and tho yeas and nays
were called on the section as amended
was adopted, Is to 8.
DR.. Pratt's next effort was to have
incorporated in the article a section
designed to give minority stookholders
representation in the hoard OF di
rectors Of corporations. 1t was adopted
and reads as follows: i,
Sec. g. In all elections for directors
or managers OF stock corporations each
shareholder shall be entitled to one vote
for each share of stock he may hole
and may cast as many votes for each
director or manager to be elected as the
shares OF stock he may hold, or he may
cast the whole number OF votes to which
he shall be entitled for one or more
candidates y -@
This completed the consideration Of
the article and it was then adopted as
whole, after which the convention
adjourned until this morning.
rtI.