Middletown transcript., 1903-03-07
DECISION OF THE COURT

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In contemplation Of law, the Genera
| Assembly is still in session, and the mem
bers are back to their desks coniden
that the courts win not upset their worl
on the ground of illegality Of their meet
lings. Five fthe judges agree on this poin
land the sixth, Judge Grubbis away.
4 Judge James Pennewill was in vii
mington Thursday to confer with Chic
Justice Lore and Judges Spruance and
Boyce on the question submitted by Gov
ernor John Hum as to the legality OF the
General Assembly's session from Thurs.
day on a question having been raised
thereto because less number than aquo-
rum of the House had adjourned for more
than one day., The constitutional pro-
vision is that such number may adjourn
'sfrom day to day." So much stress was
laid upon the difficulty in Dover that the
House did no business and the Senate
very little, although some time was put
on committee work. The Democratic
members, some of them at least, felt that
they had found point on which they
could pierce the armor of the Republic
cans and they proceeded to insert their
weapons in the aperture, but their pleas
ure on that line is to be short lived.
Judge PennewilI laid the matter be-
fore the other judges, and it did not take
them long to agree that the General As
sembly is not the least vitiated by the
trouble concerning Tuesdays adjourn
ment. As chief Justice Lore expressed
it, the adjournment by members from
Tuesday to Thursday was illegal and
void and did not dissolve the General
Assembly, and when they meet again
they will still be, in contemplation OF
law, legal assembly.
The formal reply was prepared at Judge
Spruance's residence Thursday night and
was mailed to Dover. Chancellor John
R. Nicholson was communicated with
over the telephone and his view is unde-
stood to coincide with that of the other
judges.
The one question before the judges
was whether the Senate and Heuse Of
Representatives were on the fifth day of
March, in legal session, and their unan-
imous answer is that they were.
There is no question about any of the
adjournments eff the Legislature except
that which was made by less than a
quorum of the House from Tuesday to
Thursday, as the constitution allows less
than quorum only. to adjourn from day
to day, that adjournment being for
longer period was forbidden by the con-
stitution and is void, and therefore the
legislative session or day of Tuesday con-
tinued through Wednesday until Thurs
day, when quorum assembled.
1t is understood that Attorney-General
Herbert H. Wards view comedies with
that of the judges.
With the judges favorable decision,
the Legislature will be enable to get
down to business, and from now on,
there is plenty of work to be considered.
Chief Justice Lore recalled an exper-
fence of his when he was clerk of the
Senate in 1867. 1t was at the time of
heavy snow fall and for week the ses-
sions were interrupted, a quorum not
being able to get to Dover. but a smaller
number than quorum adjourned from
day to day. On one day of the
week, he walked through the snow from
Middletown to Dover, distance Of twen-
ty-ive miles. He started at s in the
morning ard arrived at in the evening.