Evening journal., 1903-03-11
ANTHONY MAKES
QUEER RULING
Takes Authority To Decide
Upon Constitutionality of
Local Option Bill
MEMBERS OF HOUSE UP IN ARMS
Introduction Of Resolution BY Repre-
sentative Hoeomb Only Thing
Which Prevented the Speaker From
Being overruled-Hot Debate.
Special to the Evening Journal.


Special to the Evening Journal.
Dover, March Ito the utter sur
prise OF all the mem ers Of the House
and the Rev. Vaughan S. Collins and
others interested in the local option
bill. Speaker Henry S. Anthony yes
terday afternoon announced that In
his opinion he had the right to say
that the local option bill should not go
TO a vote in The House because he be-
lieved 1t to be unconstitutional. There
were strong signs OF revolt from such
decision, which whs avoided, how
ever, by the passage OF resolution
to get legal advice on the matter be-
fore taking the final vote.
When the bin 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.
Decides Bill Unconstitutional.
In reply Mr.. Anthony said: Il have
never received an opinion from any
lawyer paid; but / have seen one law
yer, and l suppose because / did that
| am said to have opinions from law
yers all over the State. I have been
made the subject, through the Rev.
Vaughan S. Collins of an opinion by
Charles Il. 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 have the
fright to say whether bill is uncOn-
stitutional or not, and you have the
right to sustain me or not. You all
have read the local option provision OF
the constitution. II provides that
there are four districts in the State
land that when a majority in any one
district say so then we have a right to
pass law. It takes eight from SlIs-
sex, eight from Kent, eight from rural
New Castle and four from the city of
Wilmington before law would be-
lcOme applicable to each district.
Now they come before us with a
bill asking us To give them a right TO
vote all of these districts | claim
that being from Kent, have not the
right 20 vote as to whether New Cas-
tie or Sussex shall have local option OF
not. Say that eight out of Sussex and
leight ont of Kent and two from New
Castle said so, do you think THAT the
constitution means that the city OF
Wilmington would have the right 10
vote for local option? / say no.
Representative Finn asked: 'DO
understand you to mean that you rule
this bill from the calendar"
The Speaker-"I can't see how l can
do otherwise"
Mr.. Flint regret that / shall
have TO appeal"
Speaker Anthony again declared his
/ view that the constitution refers sole
ly to a majority in each district and
does not refer to the State as a whole
i, Mr.. Finn said Il was a question witt
/ him whether the speaker had right
/, to take the bill from the House. Mem
bers had objected to a district bill and
the friends OF local option had draft
, ed the bill applying TO the whole State
! Able decisions had been secured tS
I show that the law is constitutional
: He claimed the right OF the House &
vote for the bill as it stood. If uncon
lstitntional IL could do no harm to pas
I n for the courts would decide it un
: constitutional. He added that M
! would rather not appeal from th'
lspeaker's decision.
- But Speaker Anthony said: Al
Sneaker of the House l cannot chang
my decision
Mr.. Finn said that he had no right {
ltalxe from the House a bill that was Jaw
fully before 1T. appealed from the aecl
L sion.
Z Representatlvc Holcomb then offered
resolution which mentioned the uncertain
d tv as to the legality of the act, and sug
= gested that It be placed before the les
$ lslative attorneys and Attorney-Gener'
d Ward to say whether or not it is uncou
o lsatutonai.
8 Mr.. Finn said he had no objection
n the resolution If It was offered for th
purpose of gettlng light on the subjec
Is and il an opinion from those gentleme
II that the bill was constitutions
d would cause the speaker to change HI
S opinion.
The speaker did not give the impressio
that it would affect his view but Mr.. Ho
comb suggested that il might affect som
Of the members.
Mr.. Connolly objected to the rosolutio
: and desired the speakers decision NJ
held.
Hot Shot From Townsend.
p Said Mr.. Flinn: If there is a dispos
I lion upon the part of the House 10 XII
n the bull let us do it decenty."
! Mr.. Townsend addressing the speaker
4 said. IF 1 understand your opinion woul
# be just the same il the attorneys decide
n different there is no use in the resolu
l. tioa DO you think you can take the rC
a sponsibilfty Of killing this bnl and nc
, allowing the members here who hav
s presented this bin 10 vote upon Il? l woul
hate mighty bad TO overrule your dec