Evening journal., 1903-03-05
1T May be That Governor
Hum VIII Have to Call
a Special Session to
Transact Business
Attorneys Think That the
Opening and Adjourn
ing Oh Tuesday Was
Unlawful
speelal 10 the Tvening journal.

Special to the Evening Journal.
Dover, March 5.-All is confusion in
the Delaware Legislature, and both
Houses are now adjourned unit. 2
o'clock this afternoon. TO ascertain
from best legal authorities in the
State whether the Legislature is dead
or alive.
During the excitement of electing two
United States snators on Monday. the
United States senators on Monday. the
House adjourned in confusion, few
hearing or voting upon the motion TO
adjourn until 10 o'clock tho following
morning. BY that hour on Tuesday
nearly all the legislators were on board
the special train for washington to
see the new Federal senator's sworn
in. By request, Representative Hol-
comb, Democrat, convened the House
and adjourned until Thursday.
The Constitution does not give the mi
nority the right to adjourn either
House, except from one day to the
next.
Killed Itself, Say Attorneys.
Attorney Joseph l. Cahall and Will
liam T. Smithers. Republicans. and
William T. Gooding and other Demo-
Gratis are agreed that the House has
killed itself, and there is nothing now
to be done unless the Governor will
convene it in special session.
May Be Extra Session.
Practically the only bills that have
been passed are those aiding Farnhurst
and incorporating some trust compan-
les. Even the salaries Of the 1egisla-
tors cannot be passed. An extra ses-
sion would require that business should
begin all over again. The only advan-
tage which would have been gained by
a regular SESSION is that all committees
could report in a day upon work al
ready voted upon Otherwise, the
business must be begun again at the
beginning.
Constitutional lawyers all over the
State have been appealed TO alone as
citizens having Legislation yet unanish-
ed are imploring that the session go on.
Democrats Won't Act.
The Democrats went into caucus al
II o'clock, and decided to remain, pass
ing, voting on nothing. The Repub-
licans are trying to show that Repre-
sentative Gooden acting under advice
of counsel came into the House yester-
day, convened it and adjourned it unit
10 o'clock this morning. This Repre-
sentative Gooden will neither confirm
nor deny, acting under the advice O
counsel. ~ r
House Took Recess.
The House managed to get before /
a motion to take a recess. when indi
vidual Democrats asked why and wha
for. ITO ascertain whether we ar
who ruled the House in recess
alive or dead" retorted the speaker
Says II Is Constitutional.
Members Of both Houses to-day re
ceived a communication from the Rev
Vaughan S. Collins. president of tn
Delaware Temperance Alliance. 1t wa
the opinion of Charles f. Richards, tn
Georgetown attorney, on the legalit
of the local option measure being sub
mitted to the voters of the several dis
tricts. Mr.. Richards declares that tn
speaker has no right to refuse to hav
the measure considered upon tn
grounds of unconstitutionality, and
he did the House could appeal from hi
crfUQC fh
General Assembly the right to suDm
the question TO any district defined b
the Constitution.
Will Resign Tomorrow.
II is expected that the reslgnauo
of Senator Alice will go into the Stai
Senate tomorrow, and that it will 4
simply accepted without further a.
tion. Lieutenant Governor Cannol
the Dresiding officer of the Senat
could call upon the sheriff of Kel
county to issue a writ of election L
the Third senatorial district of kel
county. but as an agreement has Dee
reached. and the Republicans do n
need the additional vote n the Senal
the vacancy will simply go over TO u
next general election, when a senau
will be chosen for the unexpired ter
of two years. DR.. Luther S. Conwel'
Camden is already mentioned as sen
tor Alleeis successor.
The new United States senator W
chairman of the Senate's most impol
ant committees and a member OF sc
eral more. His chairmanshlps J
GUIDED the Executive Committee, wni
either upholds or knocks an appolI
ment of the Governor, the Commit
ON Cities and Towns which has und
consideration the Wilmington cl
charter bill. and others.