Evening journal., 1918-03-28

There was but little discussion Of the
measure on the floor before IL was
placed on final pa SAGE.
Senator Wharton sought 10 postpone
action until today because Of the alb
sence OF Senators Gormley and Murphy
and he also raised the question whether
under the Constitution the Council
would have the legal authority to ex-
pend money as provided In the bin The
/ Senate refused 90 entertain either Of
! these propositions. which would cause
postponement Attorneys Hope and
/ Tunnel, two Of the legislative counsel,
/ thought the Council would be within
| it, right 10 spend money as provided,
while Robert q. Harman. another leyis-
lative attorney. took the opposite view
While the matter as 10 the amount OF
the expenditure was not referred 10
during the discussion. Il is understood
that the question was raised 10 try 10
set a limit to the amount the Council
can spend. Under the bill the amount
Is unlimited.
President Pro TEN Barnard, the only
Senator to oppose the bill, took the
ground that 70 was still too dra tie and
a menace 10 the home.
The members Of the conference COM
m.ttee who Joined in reporting out IA
S0rably this bin were Senator Hoilecber.
Speaker Hall and Representative Boyce.
Burris, Peet and Culver President Pr J-
TEN. Barnard, senator G0rmley and
Representatives McNabb and Rash Op-
posed the report.
Action on the bill was called for By
Senator Honecfer Immediately after the
Senate conN ened.
al ~ Nf..r. g.
the fact that Senators Go mley anl
Murphy were absent and moved li.at
the bill because OF that fact be made a
special order for iO3O o'clock .his
morning.
senators Hickman. Long and Walker
opposed that motion, claiming that too
much time had already been waited.
Senator Wha.tOn agreed tnat too
. much time had been wasted, but
thought under the circumstances cour-
tesy demanded that his colleagues be
given until today Tor an opportunity
to vote on it.
Senator Wharton's motion was sup
3 ported by Senator's Hollett Joseph,
Wharton and Ba nard and was opposed
, by Senators Brown, Frazier, Hickman,
. Hoffecker, Long. Mitchell, Newton, Pool
and Walker.
u was after the bill had been sven
o. ih ~'ad'ng that Senator Whar-
, ton questioned the constitutionality
@. s....O4 49, winch authorizes the
/ Council OF D fense TO draw from the
/ state Treasury for funds needed 90
/ carry out its work. ne pointed out
that the constitution provides that no
money shall be drawn from The state
i rN hrH mn .rf q flaFr
+ made by an act Of the Leg stature
. Attorneys Hope and Tunnel on being
called on, expressed It as their opinion
that the section questioned would
stand legally.
Robert G Harman, chief counsel FOR
I the Legislature, was also called on
? and upheld the contention of senator
2 Wharton. sHe claimed that section ~
was unconstitutional, as the constitu-
ton provides that no money shall be
Is drawn from the treasury except on ap-
proprlation made by an act OF the Gen.
eral Assembly.
According 70 the contention OF Mr.
!. Hsrman the council under this bill
could go ahead and spend unlimited
, amounts.
The section OF the constitution quot
ed by Mr.. Harman follows:
section 6, article S-No money shsl
be drawn from the treasury but pur-
, suant to an appropriation made by
= act Of the General Assembly"
q President Pro TEN. Barnard calling
Senator Hoffecker TO the chair, eX-
= DR. ssed his opinion Of the bill. He
said the section that had been discuss
q ed did not meet with his approval and
that there were several other features
obnoxious to him Some of the fea-
s lures, he contended, were a direct in
l. suit 10 the people He said he had
/. tried to get some amendments to The
4 bin but had failed He declared that
/. he desired some amendments 90 safe
e guard the homes and not b ing able tC
get them would vote against the bill
a. Senator Wharton sad he understooi
tnat sections other then No. 40, Il
: passed, would not lnvalldate the bill
a and consequently would support II.
n The vote was th.n taken and the bil
q passed i3 TO (, senator Barnard being
s the only member io vote against it.
The senate passed Senator Hickman
/, bill prOhib. ting the sale or gift of
4 liquors to soldiers or sailors within tn
. State under penalty OF a fine or i'm
q prsonment.
= The bill passed by the Legislature Il
# as follows:
IAN act relating TO the maintenance
o OF the public safety and the vital en-
/, terprises within the state during ih
: war period, and for that purpo e ere
J. atlng the State Council Of Defense ant
!, defining its powers and prescribing th
{, duties under this act Of persons resi-
dent within the state during the salt
~. period, aud fixing penalties for the non
observance Of the provisions Of this &C;
, BE It enacted by the Senate ant
u House OF Representa- 'es Of the State o
Delaware in General AS embly met:
+ Section T. In order TO provide ef
fectiye means OF defense and preservin
Is order within the State. and to insur
le the maximum output OF agriculture
and industrial products and the mainte
20 nance Of vital enterprises during tn
te period Of the war in which the Unite
le states Is now engaged, a Council Of De
v fense for this State is hereby estah
y: lished, which shall be known as 'Th
10 state Council Of Defense which sha
$ consist OF the Governor and six or NOR
T. suitable persons, not to exceed ilfteeI
10 residents Of this State. who shall be aI
le pointed by the Governor.
"a section 2. The State Councill Of d.
N Tense shall continue in eXistenc
ne throughout the duration Of the preseT
r. var and for six months after the sal
'- war shall be terminated by treatie
r duly ratified by the Senate Of the Unite
ln States. at which time the said cOunc
Ia Ia.