Smyrna times., 1903-03-11
SPEAKER ANTHONY HOLDS
UP THE LOCAL OPTION BILL
PERSONALLY OPPOSED TO 1T HIMSELF
He RULES 1T UNCONSTITUTIONAL.
Smyrna Representative Makes Himself OBJ
nOxiOus by Putting His Own Opinion
Against Five Leading Attorneys.

Against Five Leading Attorneys.
Speaker Henry S. Anthony almost
paralyZed members of the House yes
terday afternoon by his announce
ment that in his opinion he had the
right to say that the local option bill
should not go to vote in the House
because he believed it to be unconstit-
utional There were strong signs of
revolt from such a decision, which was
avoided, however, by the passage of a
resolution to legal advice on the mat
ter before taking the final vote.
When the bill was called up, Speaker
Anthony speaking from the desk drew
attention to a question by the Rev.
Vaughan S. Collins, president of the
Delaware State Temperance Alliance,
as to whether paid lawyers were not
writing to the speaker in the hope of
influencing his decision.
How Speaker Anthony COnstrues the Law.
In reply Mr.. Anthcny said: 81 have
never received an opinion from any
lawyer paid; but have seen one law
yer, and | suppose because did that
L am said to have opinions from law
yers all over the state. 1 have been
made the subject, through the Rev.
Vaughan S. Collins of an opinion by
Charles F. Richards as to the powers
had and had not. Some of it may be
true and some of it may not be true.
AS speaker of the House l have the
right to say whether a bill is uncon-
stltutlonal or not, and you have the
right to sustain me or not. You all
have read the local option provision of
the constitution. 1t provides that
there are four districts IN the state
and that when majority in any one
district say so then we have a right to
pass law. 1t takes eight from Sus-
sex, eight from Kent, eight from rural
New Castle and four from the city of
Wilmington before a law would be-
come applicable to each district.
Now they come before us with a
bill asking us to give them a right to
vote all these districts. 1 claim that
being from Kent, have not the right
to vote as to whether New Castle or
Sussex shall have local option or not.
Say that eight out of Sussex, and
eight out of Kent and two from New
Castle and so, do you think that the
constitution means that the CITY of
Wilmington would have the right to
vote for local option? 1 say no.
Representative Finn Appeals from the Chair.
Representative Finn asked: ''Do I
understand you to mean that you rule
this bill from the calendar
The Speaker-'I can't see how I can
do otherwise.
Mr.. Flint regret that 1 shall
have to appeal"
Speaker Anthony again declared his
view that the constitution refers SOLELY
to majority in each district and does
not refer to the state as a whole.
Mr.. Finn said it was a onastion
with him whether the speaker had a
right to take the bill from the House.
Members had objected to a district bill
and the friends Of local option had
drafted the bill applying to the whole
state. Able decisions had been secur-
ed to show that the law is constitu-
tlonal. He claimed the right of the
House to vote for the bill as it stood.
Ii unconstitutional itcould do no harm
to pass 1t, for the courts would decide
1t unconstitutional He added that he
would rather not appeal from the
speakers decision.
But Speaker Anthony said: GAS
Speaker of the House 1 cannot change
my decision"
Mr.. Finn, believing that he had no
right to take from the House a bill
that was lawfully before it, appealed
from the decision.
Wants Opinion Of Legislative ATTORNEYS.
Representative Holcomb then offered
a resolution which mentioned the nm
certainty as to the legality of the act.
and suggested that it be placed before
the legislative attorneys and Attorney
General Ward to say whether or not it
is unconstitutional.
Mr.. Finn ssid he had no objection
to the resolution if it was offered for
the purpose of getting light on the
subject, and if an opinion from those
gentlemen that the bill was constitu-
tlonal would cause the speaker to
cnange his opinion. The speaker did
not give the impression that it would
affect his view, but Mr.. Holcomb sug-
gested that it might affect some of the
members.