The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-01-17

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he shall be declared duly elected Senator
| Bus II the same person shall not hav
received the majority OF votes in eacl
house he joint assembly shall then choose
by viva voce veto Of each member pres
ent q person for the purpose afort said
land the person having majority of al
| the votes Of lie said joint assembly Ia ina
| jorlty Of all tie members elected to both
house being present and voting) shall be
declared duly elected; and In case no per-
Son shall receive such majority on the first
day, the joint assembly shall meet at IL
o'clock noon of each succeeding day dur
ing tho session OF the Legislature, and
take at least one vote until u senator shall
be elected"
From the foregoing quotations Of the
law on the subject it is obvious that in
voting As separate bodies should all the
members elected to each house be present
and vote, 1t is necessary in order that n
separate voting that he ahould have re-
ceived In tho Senate at least nine votes,
and in the House Of Representatives at
least Is votes. 1t should ho borne In mind
however. that 1t Is only necessary that tho
same person should havo majority Of
all the votes st in each House iu order to
bs elected. Therefore if any one candi-
date shoIll have but II votes in the lower
House which may bo possible because Of
the illress Of Representatives Pilling,
Conoway and West, and the eight in the
Senate he would be elected. In other
words the absence or failure to vote OF
three Representatives would secure the
candidates election. Assuming However
that any candidate shall fail of an election
by the Houses voting separately and that
avote i'll the joint assembly will be ne
ccssary then q different sats OF affairs
arise.
The provisions of tho act CT 1887 for the
government of n senatorial election by tho
joint assembly arc na follows: tho joint
assembly shall then proceed to choose by
viva voce vote of each member present for
the purpose aforesaid. ard the persons
having a majority Of all the votes Of the
said joint assembly, q majority Of nil the,
members el8ctel to both Houses heing
present and voting, shall bs declared duly
elected"
From these provisions it will bo observed
th,k tn orJa fI in, ioir,t ocsa,,,Elv IL
Is only necessary that a quorum Of each
House be present and vote and that a
person shall receive majority OF the
aggregate of all the votos cast. 1t Is no
longer necessary that the person shall re-
ceive the majority Of all the Senatorial
votes cast and a majority of all tho Repre-
votes cast. but merely a majority
of the gross vote. A quorum of each House
must, however, be present and participate
In the election by voting. Tho indispen-
sable condition, therefore, to tho election
Of Unitsd Sta'es Senator In joint conven-
lion is safely there: that ia quorum Of each
House chall be present and vote and that
4 person shall receive a majority Of all the
votes cast.
SENATE PROCEEDINGS.
Mr.. Shakespeare was tho only absentee
II the Senate this morning. The House
bill in relation to printing was reported
upon and was defeated by
,ote Of six to ten, and q resolution was
.donted empo owering this printing commit.
IT. o. hnu - tI,ok
,ody's printing. The vote on this WAS
on to six.
Senator Meredith, from the committee
III enrolling clerk, reported favorably for
ach house to have Its own enrolling clerk.
he salary is to be 500 month, and thare
re many applicants. The work Of enroll.
nent was done by Walter H. Hayes and
nd Philip q. Churchman yesterday
MIR. Knox gave notice of AL act to re-
CIV the charter of the Pusey and Jones
company Of Wilmington and of the Gem
raj Steamship Company.
IN THE HOUSE.
In opening the session OF the House
haplain Turner created somewhat of
,nsation by calling on God to paralize
le hand of tho would be briber who
light appear while the Senatorial con ntest
as being waged. The fact that Mr. Tur.
or so pronounced Anti-Adlicks man
ave tho remark more than usual signif-
.nce. and throughout the morning tho
on.
Immediately after the roll was called
nd the journal read Mr.. Robertson called
II the second reading Of tho bill fixing
10 salary of the Coroner of New Castle
Ounty authorizing tho coroner to appoint
deputy Coroner and further authorizing
eLsvy Court to pay certain expenses Of
10 coroner's office, and was referred to the
'mmi, tee on revised statutes. The par
,ulars Of the bill were published in tho
epublican's reports Of last week.
The good roads bill, notice Of which was
ven last week hy Mr.. Robertson was
lied up for its first reading. The bill is
TITLED IAN act to provide for tho perma-
mt improvement Of the highways Of the
ate" and provides for tho appointment
state highway commissioner whose
,ty 1t shall DO to look after tho roads of
10 state.
The first incumbent Of tho office Is to be
pointed by the governor. an those there
tor to be elected by the people. Tho
must be practical engineer
1850 salary shall be $1,000 year for o
lr years term. He shall also have the
thority to employ such assistance as
" be required.
The House bill for the protection o. bot.
rs was read and referred to the commit.
Oh temperance, and the bill to fix tho
aries Of county officials was rcmanded
the committee on judiciary.
Donahoo introduced his
to further empower justices Of tho ,
ice, SO they can try petty crimes.
Taylor desires to have
nton hundred divided into two election .
triots, and he gave notice to-day OF an ,
10 bring about that result ,