Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-01-07
FOR THE PURITY or THE BALLOT.

Report Of the Committee Submitted 10 the
Constitutional Convention = ali of tile
Union Republican Members Take Their
seats In Thar Body.
Stan Correspondence Of Gazette and journal.
Dover. Jan. 5. The Constitutional
Convention reassembed yesterday
morning after recess OF three
weeks, and although several commit.
tees had partial reports ready, very
little progress was made. At the omen
ing OF the convention In the morning
many members were absent, and that
bad great deal to do with the small
amount Of business transacted. ~
At the afternoon session. as teIs-
graphed to Every Evening, all Of the
Union Republicans from Kent county
were In their seats, a development
which was not wholly unexpected.
Soon after the opening OF the session
Mr.. Smithers, one Of the numier who
had remained out, explRinad the alb
sence Of himself and his colleagues In
tho following address
" Mr.. President: It would seem that
some explanation was due this conpen
ton for the prolonged absence OF my
sell and the three other Republican
delegates upon our return to this body
to take the seats to which we have been
elected by the people. The reason OF
our refusal to act with this convention
up to this time IL because of sense OF
indignation which we felt and still
feel at great wrong perpetrated upon
the Republican party. which resulted
10 refusing to admit as members of
this body five of our colleagues who
were as much elected as we were. To
have taken our seats at once would
have been to condone grave offence.
10 have accepted the terms submits
siyely would have been to acknowledges
ourselves particens criminiR. We oh $50
not to do so. But the time has come
when we feel that other considerations
have arisen and that our duty demands
our presence here. In response to the
call OF that duty, we now take our
seats"
The convention resolved itself into
committee Of the whole for the purpose
OF considering the report of the com
mittee on Governor and other executive
officers. which has been printed in
Every Evening. Mr.. Evans presided,
and there was long and spirited de
bate. the greater part of the discussion
being on the portion of the report re
lating to board of pardons. tho main
contention being as to tho adviaability
OF having the attorney general serve OH
the board. The discussion was not
concluded when the timo arrived for
adjournment, and action on the report
was postponed.
The following report was submitted
and copies ordersd printed
The ann m ittaa nm ouatri n ~ fl,a -, q; i,
OF the ballot recommend the adoption
Of the following as sections in the
Constitution of Delaware, to be in
serted under an appropriate title.
Section |. Every person who shall re-
ceive or accept. or offer to receive or
accept or shall pay. transfer or de.
liver, or offer or promise to pay. trans
fer or deliver. or shall contribute, or
offer or promise to contribute, to
another to he pad or used, any money
or other valuable thing as com.
pensation, inducement or reward
for the giving or Withholding or
In any manner influencing the
giving or Withholding vote at any
general, special, or municipal election
in this State, or who shall make Or be-
come directly or Indirectly party to
any bet or wager depending upon the
result OF any such election, or who
shall by the use or promise Of money or
other valuable thing or otherwise cause
any officer of election or registration
officer to violate his official duty, or
who, being an officer OF election or
registration officer, shall knowingly
and wilfully violate his Official duty,
shall he deemed guilty Of a mis-
demsanor and shall be fined, not less
than one hundred dollars nor more
than five thousand dollars, or shall be
imprisoned for term not less than
six months nor mure than five years,
or shall suffer both fine and imprisori.
ment within said limits, at the,diH-
erection OF the court, and, il male,
shall further for term Of 10 years
next following his sentence he in
capable Of voting at any such election.
No person, other than the accused,
shall 10 the prosecution for any offence
mentioned in this section be permitted
to withhold his testimony on the
ground that 1T may criminate himself
or subject him TO public infamy; but
such testimony shall not afterwards be
used against him in any judicial pro.
ceeding. except for perjury In giving
such testimony.
''Section 2. Every prosecution for any
Of the offences mentioned in section OF
this article shall be on information
fled by the attorney general, and the
cause shall be heard, tried and dc.
termined by the court without the
intervention OF either grand Jury or a
petit Jury. The accused, if adjudged
guilty of the offence charged against
him shall have the right at any time
within the space of three calendar
months next after sentence pronounced
appeals. The court below. or any Judge
thereof, in term, time or vacation, shall
upon application by the accused allow
such appeal, but such appeal shall not
operate, as supersedeas, unless the
appellant shall at the time of the allow
ance thereof give an appeal bond to
the State of Delaware in such amount
and with such surety as shall be ap-
proved by such court or Judge.
"On such appeal tho court OF errors
and appeals shall with all convenient
speed review the evidence adduced in
the cause in the court below as we'll as
the other proceedings therein and the
law applicable thereto, and give final
judgment accordingly. either affirming
or reversing the judgment below. II
the appellant shall fail to prosecute his
appeal pursuant to the rules and prac
tice hereinafter provided for, the court
of errors and appeals shall affirm the
judgment of the court below. Where
the sentence in the court below in