Evening journal., 1914-09-28

lhAs 1ndIlto D. DlutNhlt re-
moved from the Sixth Representa-
tive district of Sussex county to
the Ninth Representative district
Of Sussex county.
Second. Charles II. Mcdonald,
moved from the Eighth Repre-
sentative district OF New Castle
county to the Seventh Repre-
sentative district Of New Castle
county.
Third. Albert 1. Swan appoint
ed by the President and con-
firmed by the U. s. Senate as
postmaster at Delaware City,
which position he is now hold
ing, an Office of the United States.
Fourth. Thomas o. Cooper, ap-
pointed by the President and con-
firmed by the United States Sen
ate as inspector of drugs, etc,
at Philadelphia, an Office of the
United States.
Fifth. Chauncey p. Holcomb.
appointed clerk of the United
States Senate Committee on
Coast and Insular Survey, an Of
fee of the United States.
Sixth. Zachary T. Harris, of
the Sixth Senatorial district of
New Castle county, was at the
time of the general election held
November 6, 1912, postmaster at
Glasgow, which Office he resigned
at some later date shortly after
the election; and
Whereas, Under the provisions Of
Article 2, Section IA. of the COnsti-
titution of this State, doubts have
arisen as to the right OF certain
aforesaid members to sit in this
General Assembly and participate in
its proceedings as members thereof,
and, whereas, such participation by
said members may effect and de-
stroy the validity of such legisla-
tion as may be passed by this Gen
eral Assembly and it is therefore Of
great importance that this General
Assembly be promptly and properly
advised and informed as to the eli
gibility Of said members 10 par
ticipate in its proceedings there
fore be it
Resolved. By the House. the SEN
ate conferring therein. That the At
tornev General and the two mem
bers of the Revised Code Commits
sion be requested to furnish this
General Assembly with an opinion
upon the following questions:
First.-Have the seats of any Of
the aforesaid members ipso facto
become vacant by reason of ineli-
gibility since the last session of
the general assembly.
Second-Have the aforesaid
members of this House the right
to sit and participate in its pro-
ceedings and if they have not such
right and do sit, what effect, if
any, will such action have upon
the validity of any legislation
passed by this House.
Third-if said members have not
the right to sit and participate In
the proceeding of this General AS
sembly. and if they do not sit and
their districts are therefore de-
prived of representation at the
session of this General Assembly,
what effect, if any. will such va
cancy have upon the validity OF
any legislation passed by this
General Assembly.
After the resolution had been rea
Representative Moore asked wheth'
after the opinion had been received,
would be abided by by the members
the House. Representative Grantlan
explained that his purpose in intr,
ducing the resolution was that Il
House was about to consider most in
portant business, the first revision
the code since 1852.
Can we afford to leave the que
tion open to attacks after the validii
Of this important legislation by an
lawyer" he asked. He said his obje
was to put this legislation on a fir
basis that would forever settle an
question.
In calling the House to orde
Speaker Chauncey p. Holcomb ma,
a speech in which he said every De
son or every interest IN the sta
will be given a full opportunity
examine the revised statutes, and wi
be given a full hearing il it is d.
sired. Speaker Holcomb said:
Wants All 10 Know.
"Gentlemen-When i'm accordan,
with my duties, ! declared the req
Lar session of the House OF the 94i
General Assembly adjourned sine d
in April, 1913, l presume that nor
Of us expected to be called togeth,
again, and il is pleasing to kno
that an all-Divine Providence hs
seen fit TO safeguard the lives of eaC
and every member Of this House !
that we are able to meet today an
each one of us renew the friendship
formed at our general session.
"We are meeting today in accori
ance with the proclamation issued
his Excellency, Governor Miller, col
vening the General Assembly. TT
principal business of this House swi
be the consideration Of the propos,
new Code of Statute Laws, codif,
by Herbert H. Ward, Esq, an
Thomas Bayard Heisel. Esq. WI
have labored long and zealously {
this work. This Code has been COZ
sidered by the Committee on Revis,
Statutes. who will later in the d;
tContinued ON Page Two.)