Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-04-01


not disfranchise a single voter in tho
town.
The yeas and nays woro called for on
tho amendment offered by Senator
Hanhy. aud resulted in its defeat.
Senator Pierce declined to vote. Tho
bill now provides that q now election
shall BIO held on the first Monoay in
April.
Senator Handy then offered another
amendment to strike out thu clause de-
priying any man not free holder from
holding Office. The yeas and nays
being called, the amendment was
adopted by a vote OF to O.
The charter bill was finally passed.
A joint resolution recently came up
IN the House authorizing the State
Treasurer TO pay to Peter X. Meredi b,
late State Insurance Commissioner,
$500 for preparing and experimenting
the printing OF his annual report. The
resolution was referred to the commit
tee on accounts, and yesterday it was
reported unfavorably. Mr. Hazell gave
as reason for 80 doing that the salary
OF 81, 500 covered all work required Of
the insurance commissioner, portion
OF which is tho preparation OF the an
nual report.
There was big fight in the House
at the afternoon session, when Repro
sentative HAZEL, chairman of the com
mittee on Revised Statutes, reported
favorably tho bill extending TO Kent
county the law, now operative Ia New
Castle county, eliminating judgments
as liens after period OF 10 years.
Messrs. Hazell and Wilson spoke in
favor of the bill and Mr.. Adams opposed
IT. The bill was killed by the follow
ing vote:
Ayes--M -Messrs. Cheairs, HAZEL, Smith
and Wilson,.
Nays--Messrs Adams, Davis, Donald
son. Dukes. L. s. Hopkins, Martin.
Mccoy, Mccullough, Short, Taylor,
Thompson anu Whitney and the Speaker
--l3.
Excused Messrs. Dempsey and John
sun--2.
Absent -Messrs. Eliason and j. II.
Hopkins.
Tho House passed the House bills to
authorize the Governor to appoint
collector for the Western district Of
Little Creek hundred, Sussex county,
and an assessor for the Eastern district.
Dover, March 26. -Representativ
Cheairs, to-day, in accordance with
notice given yesterday. introduced the
following bill; An Act in relation to
actions for the publications of libels.
Be it enacted by the Senate and
House of Representatives Of the State
OF Delaware, in General Assembly met :
Section l. That in any action brought
for tho publication of libel, in any
newspaper in this State, the plaintiff
shall recover only actual damages il it
shall appear at the trial of such action
that such, publication was made in good
faith and that there were reasonable
grounds FOR believing that tho. state:
fnents set forth in such application
were true, and that its falsity was due
to mistake or apprehension OF facts,
and that in the neStStwo regular iss ues
of said newspaper. after said mistake
or misapprehension was brought TO the
knowledge OF the publisher or pub-
fishers of such newspaper. whether
before or after suit brought cor
rection or retraction was published in
as conspicuous manner and placs in
said newspaper as was the libel.
Sec. 9. No exemplary or punitive
damages shall be recovered in any
action brought for the publication of
libel in any newspaper in this State,
unless the plaintiff shall, before bring
ing suit, give notice 10 writing to the
defendant to publish a retractiou or
correction OF the libel and shall, before
bringing suit, allow tho defendant a
reasonable time in which to publish
such retraction or correction. Proof
of publication OF such retraction or
correction shall be admissible in evi
dence. under the general issue, in
| mitigation of damages and in evidence
OF the good faith Of the defendant.
Provided, that the retraction or cor
rection shall be published in us con-
epicuous manner and place 10 said
newspaper as was the libel; Provided,
that the provisions of this act shall not
apply to tho casa of any libel against
any candidate for public Office in this
State, unless the retraction of the
charge. ia made editorially in CON
spieuoua manner at least 10 days before
the election.
Sec. .. Any person who files an
action for libel against a newspaper
published in the State of Delaware
must give bond with full and ample
security for all the costs in the suit
begun. In the event of failure upon
the part of the plaintiff to appear when
| tho cause is ca!leu for trial. or if a yer.
dict is given tho dofeudant in the
event OF trial, the entire costs OF tho
suit.including council fees paid by the
defendant, shall be imposed upon the
| plaintiff.
Sec, d. All acts or parts of acts in
consistent with this act arc hereby re-
pealed, made null and void.
L A.
city by the river being we'll repre-
sented. Two delegations came down, one
favoring the proposed now city charter,
which is now pending in the House,
and the other opposing It, Mayor Evan
G. Boyd headed the favorable delega
tion. lie was accompanied by Council
men Cooper and Harrington, Clerk of
| Council @. u. Eccles, Col. j. Harry
Rogers. E.. NJ. Herbert. John Thomp
son, George M. Riley, Martin Leonard,
Levy Court Commissioner White, John
Martin, Henry Holschumdker and W.
j. Hoffman,. The opposing delegation
included J. d. Janvier, City Solicitor A.
b. Cooper, John II. Rodney, Lewis L.
Eliason and Norman Padberg. The
, gentlemen who favored the charter were
given hearing by tho House commit.
tee on municipal corporations early in
the afternoon, and very strong argument
was presented in favor of tho instru-
ment.
Representative Mccoy introduced a
bill changing the boundaries of the
four election districts of New Castle
hnpff,nl Now (Instla ,,ap.t,, -