Evening journal., 1904-12-30


hcer. As n result. all the work OF the day
was expunged from the records and the
legal status Of the present session was
cast I'm doubt. There Is no precedent with
which to be guided, no special session OF
the Delaware Legislature ever having
been held before.
During the afternoon when the balloting
for president pro tenn was proceeding
with clock-like regularity and on the or
der OF continuous performance with no
change whatever In the vote, Secretary
Of State Caleb r. Layton appeared in the
Senate with a copy Of the constitution. Of
the State. He pointed out TO the Senat-
ors that the fundamental law expressly
provides that this officer shall be elected
at each biennial session and at no other
time. He quoted section seven Of the con-
stitution as follows:
The Constitutions Provision.
Section Z. The Senate at each bien-
NAL session shall choose one of its mem
bers president pro tempore. who shall
preside in the absence Of the Lieutenant
Governor or in case the latter shall be-
come Governor or while he continues in
the exercise OF the Office Of governor by
reason of disability Of the governor The
Senate shall also choose its other officers
and in the absence of the Lieutenant gov
ernor and its president pro tempore may
from time TO time, as occasions may re-
quire. appoint one Of its members to pre-.
side. The House Of Representatives shall
choose one of its members speaker and
also choose its other officers, and in the
absence Of the speaker may. from time
to time as occasion may require, appoint
one of its members to preside"
The discussion on this important point
soon became general. and. as a result,
Lieutenant-Governor Cannon, who was
presiding. asked the indulgence OF the
Senators for a few moments until he
could look into the matter. The Senate
accordingly took a recess while the Lieu
tenant Governor. Senators Artemus Smith
Dem) and Thomas c. Moore U. RI
conferred with Chancellor John r. Mich
olson, Judges Boyce and Pennewill. Gov
ernor Hum and Senators Ball and Alice
also being present.
The Senate's Error.
Subsequently. the Lieutenant Governor
announced that the judges had given theiI
opinion as lawyers and advisors of tn,
Governor, that the Senate erred in golnl
into an election for president pro ten
at a special session. He further stated
that the judiciary, individually, told hin
to warn the members OF the House tha'
while it was necessary to elect a speaker
thereof for them to be sure and specify
that his election is for the special session
- \
Of Judge Pennewill. then moved that al
records Of the ballots be expunged from
the records. This was seconded by Sen
ator Monaghan, CDem.) and was adopte'
without dissent.
Mr.. Sparks said that he understood tn
| judges view was that the election Of
president pro tenn was not made manda
tory by the section OF the constitution
but that no clause Of the constitution
prohibited such an election II the member
/ desire to select a president pro temporl
| There was more discussion by the Ser
ators but the burden Of opinion seemed I
be that no president pro tenn could /
chosen. DIR. T. c. Moore, one Of the con
mittee who saw the judges, said that h
understanding gathered from ~ opinic
/ - N+N dtN6Na1 was AAAAN AAlt HtN0h0lh tOul
perfect an organization excepting n
election Of a president pro tempore. tram
act the business for which the speol,
session was called and then the senat
must adjourn. The officers elected woul
serve for the special session only, an
their terms would expire with this specir
session.
Mr. Sparks thought the Senate had be
ter so slow on the whole matter as thei
was misunderstanding and It would /
better to investigate. Senator Monaghan
in order to learn the legal status of II
body, made a motion that Attorney Ger
eral Ward be requested to attend n
meeting today and inform the member
how they should act. This was carried an
then the Senate adjourned
At its afternoon session yesterday. n
House took eight Intellectual ballots Z,
Speaker, the final vote being: Denney. 4
Smith, IA; Wilson, 8.
IWAMTc Tn EYp0cE