Evening journal., 1904-12-30
DEADLOCK BROKEN;
ORGANIZATION FOR THE
SPECIAL SESSION ONLY
THIS AGREEMENT WAS REACHED AT REPUBLICAN CONFERENCE
THIS AFTERNOON AFTER ATTORNEY GENERAL WARD
HAD MADE AN IMPORTANT DECISION
VOTE FOR But NOT ELECT UNITED STATES SENATOR

Senator Monaghan: What will cOnsu-
tute the organization Of the Senate to pass
this legislation for which we are con-
vened?"
Mr. Ward: 1.-THE election OF all the OIL
GERS except president pro tempore.
Senator Sparks: "Win one clerk suf-
hce?"
Mr.. Ward: THE law requires one
clerk and the Legislature provides him
with as many assistants as it shall
deem necessary"
Mr.. Ward at this juncture paused for
the purpose Of consulting a copy OF the
Constitution of Delaware which had
been handed him by Senator Smith.
He then proceeded: 1.-THE Senate, find,
would be the judge of the number of
officers required to keep its journal. or
it can elect a full complement Of off,
GERS. That would be the safe side ac-
cording to the custom Of legislation in
Delaware"
During the rendition of the Attorney
Generals opinion Senator Alice and
Secretary of State Layton busted them
selves among the Union Republican
members of the House. all Of whom had
crowded into the Senate chamber, while
Senator Ball counseled with the Reg
I
Democrats.
5aggs Asks a Question.
Temporary Speaker William. H.
Baggs Of the House then appeared and
asked permission to put a question to
Attorney General Ward. Lieutenant
Governor Cannon. however, suggested
that the Senate first give consent. The
privilege was then accorded to Mr.
] pa ~
CHAN.
Mr.. Baggs asked: would not the
, election Of a speaker and secretary OF
! the House be evidence of the intent tC
enact legislation in a regular way2"
, Mr.. Ward-"A single House coulC
/ not change the intent of the constitu.
ton"
Senator Northumberland effec
does this session have on the voting
for and election Of United States
/, Senator"
Mr.. Ward-"A H., there is a question
! upon which two of the judges and my.
, fself are at variance. The Legislature
, elected next before the vacancy in the
United States Senate occurs shall
choose a Senator and the voting FOL
United States Senator shall begin OF
the second Tuesday after the organiza-
ton of the regular biennial session
The constitution of the United State.
has priority from the fact that the con,
gress of the United States can regulat,
the time and manner Of the election o
United States Senator but not the
place, leaving the place as the ONLY
matter for a legislature to pass upon
Therefore, the safe plan would be prob,
ably not to elect a Senator on January
10, this being the second Tuesday afte
Organization of the new legislature, bu
to begin balloting on January 10 an,
1 ballot daily until January 18th an,
thereby legally elect a Senator so Their
would be no question for the Senate T.
determine"
i The advice Of the Genera
to rote for a Senator but not to elec
s provoked hearty laughter.
q Senator Mendenhall then asked
''Then this special Legislature canho
y adjourn sine die?"
Mr.. Ward: THAT was my opinion bu
Z the Judges are unanimously against m
8 that the session can and should en-
q by sine die adjournment. It matter
] not, however, whether the adjournmen
, is taken or not. The special sessio
cannot exist at the same time as tn
q regular session. 1t would therefore di
next Tuesday
On motion of Mr.. Monaghan the Sen
ate then gave a rising vote Of thank
: to Attorney-General Ward and at 12.1
p. m. a recess was taken until Ia
, o'clock. The house adjourned until tn
. same hour.
Some Of the Attendants.
$ Some Of those who were in the Stat
v House yesterday included: william
: Salisbury. S. ]. Abbott, Colonel Theo
dore Townsend, Insurance Commission
. er George w. Marshall. State Auditor
elect George H. Dick, Thomas N. Raw
Inns, ex-senator r. r. Kenney, Charlie
II. Maull, Richard p. Hodgson, w. s
Quigley, George r. Smith, E. b. ShuT
ter, B. p. Burn, c. p. Holcomb. Hug
c. Browne. Colonel Lewis B. Morrow
Andrew Lynch, Robert G.. Houston
Congressman-elect Hiram r. Burto1
William Gum, James II. Hughes, r. "
jenkins, c. p. Swain, Harry Richard
son, Benjamin A. Groves. Frank Speak
Z man, Francis NJ. Walker, Charles i
Richards Magistrate Francis S. Brad
4 ley, Charles Cullen, Fred f. Bach.
& w. Causey, ]. f. Salisbury, John Biggi