Evening journal., 1912-10-29
Mnn snALL nEcInEl

THERE is one phase Of the legislative career OF
State Senator Thomas NJ. Monaghan which makes
one wonder whether ne thinks he is beyond the power
of and superior to the state Constitution Article XIII.
Section of the state Constitution, provides, among
other things
Whenever majority Of all the members elected TO
each House Of the General Assembly by the qualified
electors in any district named in Section OF TINS
Article shall request the submission of the question OF
license or no license to vote OF the qualned electors
in said district the GENERAL ASsEM@BLl @ s~hALL SHALL
PROVIDE FOR THE SUBMISSION OF SUCH CUES
TlON TO THE QUALIFIED ELECTORS IN SUCH DIS
AFTER
Frequently the question has been debated whether
the foregoing provisions OF the constitution are man
datory upon the members of the Legislature and
whether when a majority Of all the members elected
in the Senate for instance any district request the
question 80 be submitted the Senators not bound
by their oaths which they take to support the Con
stitution, pass the necessary law
It is a question which submit to our many
readers for their consideration
The constitution also says that when majority Of
all the members elected each house shall request
the submission of the question Of license or no license
TO the voters that the General Assembly shall pro-
vide for such submission II is noticed that the pro-
vision contains the mandatory shall" and not the per-
missiye may"
In our review of the legislative record of senator
Monaghan Democratic nominee for Governor we find
the following Pages 6ii and 6a2 OF the Senate
Journal for 1905.
On motion OF Mr.. Moore, IT. c.. the Dill, ihouse hhi
No 327) entitled An Act prOvdiLs FOR the submits
sion the question OF license or no license Tor the
manufacture and sale of intoxicating liquors to the
qualihed of the district comprising Kent county
AS REQUIRED BY ARTICLE XIII OF THE CON
sTITUTION, and fixing the penalties for the llega,
manufacture and sale Of intoxicating liquors should
there be a majority votes cast against license was
read.
Mr. Moore r. c. offered a substitute. which on his
motion adopted and was taken up Tor considera-
ton and on his further notion read third time,
hv pararraphs in order pass the Senate. On the
question Shall bill pass the Senator The yeas and
navs we're ordered which being takcn were as follows;
Yeas Nessrs Barnard. Boyce Houston, Jefferson
Iatta Mendnhau Moore d. O., Moore =. g.. Pennewlll,
Reed Rose Smith Sparks Stirling, Mr. President pro
tempore-15.
Nays-MR MONAGHAN
So the question was decided in the affirmative and
the hill having received the required constitutional
majority nassed the Senate Ordered that the House be
informed thereof and the bill returned to that body
II thus appears in and by the title of the foregoing
hill that the requisite majority obtained to re-
onire the Legislature TO submit the question to tho
voters Il will be observed that in the title of the bill
this fully appears of the use OF the words
"As required by Article XIII Of the Constitution
Mr Monaghan ii appears, was tho ONLY ONE IN
that WHOLE Senate in THAT YEAR who refused to
comply with the Constitutional requirements above
quoted
In view OF the above record We leave to our many
readers for their careful consideration and discussion
whether Senator Monaghan complied with his oath TO
support the Constitution of the state of Delaware