Evening journal., 1912-06-13
BOULEVARD LAW VALID
ARGUES Mr.. RICHARDS I'm
SUPREME COURT TODAY


And presented the same to the
House"
"This entry shows that the Secretary |
Of the Senate. being admitted to the !
House. informed the House that the /
Senate had passed and requested the
concurrence OF the House in a bill I
Of identically the same title, except |
for certain words and figures appear |
ing in a bracket or parenthetical eX-
preston contained in the title, but /
designating the bill as IS. b. No. 1S2," |
instead of Senate Substitute for 5. B. (
No. 1872 as the bill has been desig- |
mated in all the journal entries which
have been previously considered in |
this brief
"The parenthetical words and fig !
ures, that is. those contained in the
bracket appearing in the title of the
Bill as shown in the journal entry
now under consideration, are as fol-
lows "(beng Chapter 394, Volume %,
Laws of Delaware, amended and APP
proved March II. 1903), - while the
corresponding words and figures con-
tanned in the bracket of the title of
the bill as il appears in all the jour
nal entries which have heretofore
been considered in this brief are as
/ follows: "(being Chapter 273. Volume
/ q, Laws Of Delaware. as amended)"
Does this difference in the words
and figures contained in the bracket
constitute difference in the title? II
is submitted that the words and fig
ures contained i'm the bracket are a
mere parenthetical expression for
reference only. They are no part of
the real title Of the bill, which title
Is, An Act TO Amend an Act entitled
An Act Providing a General Corpor-
alton Law by Authorizing the Or
ganlzation of Boulevard Corporations.
This is the real title and it appears
In identical words throughout the
/ whole legislative history of the bill
Inc words and figures i'm the bracket
are unnecessary and mere surplusage
They are merely for reference.
As to the designation of the bill
,. b. NO. lS2," instead of Senate Sub
stitute for S. B. No. 1872" It is respect
FULLY submitted that all Of the pre-
ceding journal entries discussed in
this brief, which show the legislative
, history of the bill subsequent to the
entry which we are now considering
disclosing that both the House con-
/ CURED in Senate Bill with the latter
z designation and that the Senate took
) important action in the matters OF en-
7 rollment, messaging to the House.
signing. etc, bill with the latter des-
b ignation. and. mas much as the Jour
: nails Of the two Houses show that no
subsequent legislative action of anv
character was taken with respect to a
] bill designated IS. B. No 1872" the Gu
5 mulatve force of all these entries and
facts is convincing that the secretary
OF the House made a clerical error
e In using in this entry the designa-
q tion IS B. No. 1872" as the same ap-
D pears in the printed journal, unless
e there has been made a mistake in
ing the printed journal itself from
the original.
"Of course. if the printed Journal is
q record of which the Court will take
= judicial notice by reason of its con-
stitutional character, as has been cor
rectly held in the case Of Rash VS.. AL
{ len, and in many other cases in other
y jurisdictions, It necessarily follows
4 that the original journal itself is a
record Of as high authority and a for
tori, entitled to judicial notice by the
= court.
There is in the possession OF the
/. State Librarian, a written record book
~ of substantial character. which, il is
respectfully submitted, is a part Of the
! Journal Of the House of Representa-
tives for the session of 1911, and ref
erence TO this written record shows
that the entry therein correspondents
I TO the one we are now considering
: from the printed journal deslgnates
the bill I'm question as Senate Sub
! stitute for Senate Bill No. 1872" anC
recites the title of said bill correctly
!, that Is TO say. with the parenthetica
= words and figures contained IN tho
brackets identical with those contain.
. ed in the title Of all the journal en-.
!, tries which we have previously con
sidered in this brief Reference. there
= for, to this original journal. or par
= of the journal. Of the House. show,
!, that there is an error in the printed
- journal of the House and that the ac
p ton really taken by Mr.. Burton, Sec
= rotary of the Senate. on the occasion
y referred to, was with respect 20 tn,
- bill correctly designated and correct
y ly described as to title"
y In the printed Journal entry of tn
% bill passing the Senate it is referre
! to as Senate Bill No. 49," instead q
- NO. lS2, but the title is set forth il
: full and correctly. MIR Richards show
ed that Senate bill No. so referred {
- an amendment to the charter of Nil
n ford, which previously had passe
- both branches. He added:
~ "As a matter of fact, there neve
was but one bill before the Genera
al Assembly of 1911 concerning boule
~ wards that could have been. enacte
into law and that bill was Chapter Is
:, volume 26, Laws of Delaware. Tha
- which was introduced originally int
p the Senate as Senate Bill No. 1S2
n was in fact no bill at all
- The papers and records in the oi
= fee of the secretary of state, as dis
20 closed by the secretary's a davit. sho'
n this to be true and that the paper des
"a ignated among the Senate Records a
= Senate Bill No 1872" was nothin
more than a form, a mere shom. ana
xt ogous 10 blank narr," and appai
of entity filed in order 10 comply wit
be some rule. order or regulation Of th
is Senate to enable the real bill, whic
oi- was, rSenate Substitute for Senai
Bill No. 1872 and which is now Char
ter 1S9. Volume 26 of the Laws
Delaware, to be brought before III
g. i ~.