Evening journal., 1909-10-22
ATTACK LEGALITY
OF CITY ELECTION

stitutional the contests should have been
commenced within thirty days a.ter the
last lawful election, June 1907. in
stead OF In 1909. lie also argued thar tho
contest should have been Commenced by
candidate at the last lawful election
IN June 1907, and not by a candidate at
a void election
Concluding his argument along this line.
Mr.. Churchman contended that any law
ful contest should have been heard Iva tho
month OF July. 1907, as he con ended that
the law under which tho last city eiec-
ton was held is unconstitutional.
Touching on the point OF the law beins
unconstitutional. Mr.. Churchman and his
legal colleagues set forth at length the
journals Of the Senate and House OF the
Legislature Of 1907. which passed Senate
BIN No. l42. It being Chapter i7S, Volume
a. Laws OF Delaware, under which the
city election was held.
I Mix-up in Legislature.
The Journals of both houses show a
strange mix-up over the bills. The
Senate Journal shows that senator
Sparks introduced Senate Bill No. 49,
4 being bill 70 amend section 81
lchaptcr 207, volume IA. Laws OF Della
ware. by providing that the Council
OF Wilmington shall have power and
Authority to amend. revise or repeal
the charter of Wilmington.
The Senate journal also shows that
Senate substitute for Senate BIZ No.
l42 was reported back to the House
favorably from committee, II being IAN
act 20 amend an act entitled An act
TO re-eatablish the statutes relating 10
the City Of wilmington. passed at
Dover March 10. 1907 by providing
when city officers of the City of VIII
xton shall be elected and appointed
The Senate Journal further shows
that the Senate bill. No. i42 mot the
substitute) was passed by that body
and sent to the House
The House Journal also shows that
p THE bin reported to the House az hav-
4 ing passed the Senate was the bill
4 giving Council power 20 amend, revise
. or repeal the charter Of Wilmington.
. Another Bill Enrolled.
a The House Journal further shows
that the bill was reported favorabiy e
the House, and was passed by th'
d House. II appears further from The
n House Journal that the bill enrolled
e and reported to the House and signe'
10 by the speaker was the act "provid'nl
T. when city officers of the city OF VIII
Il mington shall be elected and appoint
ne ed" This bill also was enrolled
y, lthe Senate and signed by the pr
siding officer OF that body under IN
title. Il not being the title under Will
y" the Journals OF both branches sh'
~ that the bill was passed.
~ This. st was argued by Atr. chur
man Al coz. ARTICLE , Scol
10. Of the states Coif9Nfntfon. wi
ent provides among otier thinrs n
on mo bin or Joint resolut
IN, except IN relation 10 adjournme
~, shall pass either House unless
- final vote shall have been taken
~ yeas and nays. and the names of {
Of members voting for and against q
en- same shall be entered on the journs
M nor without the concurrence Of an q
no members elected 20 each House"
Mr.. Churchman argued that the bi
" signed bv the presiding srs an4 "a
o. Governor was not the hi recorded o
ms the Journals as having passed. BY ay
re and nay vote both Houses Of the Iegis
W. iature and therefore IL did not con
Ir. form 20 the Constitution.
er Mr.. Churchman and counsel for Ros
NJ Continued on Second Page.