Evening journal., 1921-03-22

ing to a question Of constitutionality
was a subterfuge. He held that the
tax features came in indirectly"
and in no wise affected the consti-
tutionaiity Of the bill. meet the SEN
ate more than half way. decide
school questions and adjourn" he
suggested.
Mr.. Curley was granted the privi-
lege OF the floor and stated his views
differed from Representative Davis
opinion. He said the constitution re-
quires all revenue-raising bills to
originate in the House. The House,
he said, should reject the Senate bin
IL II respected constitutional provi-
sions. The Senate bill, he said, cal
culated TO raise revenue. A bill tax
ing corporations must arise in the
House, and not in the Senate, Mr..
Curiey said no sane man could chal-
lenge the statement that II the House
concurred in the Senate bill ques-
ton OF constitutionality would con-
front the people until the Supreme
Court OF Delaware passed thereon.
the speaker said. He believed the
court would declare tho bill uncon-
stitutional, and remarked that the
Democratic purpose is to obtain inn
proved school conditions for the chill
dren. He suggested that the Legis-
lature recess while lawyers are pre-
pairing a proper bill.
Representative Davis read a long
letter from Attorney Henry Ridgely
to Senator Alice. Mr.. Ridgely had
been asked whether it would be con-
stitutional to incorporate tax provi-
sions in a school bill. He expressed
the opinion that IL would be consti-
tutional, but added there would be
considerable ground for the opposite
contention.
Mr.. Curley. after protesting high
regard for Mr.. Ridgely, stated their
opinions differed. He praised Mr.
Ridgely's ability as a lawyer. Re-
marking that Mr.. Ridgely saw where
the opposite contention might be rec
ognized, Mr.. Curley directed atten-
ton to a passage in Mr.. Ridgely's
letter referring to litigation which
such an experiment in legislation
might cause.
Speaker PaslSey appointed Repre-
sentatives Kramer. Otwell, e. J..
Turner, Corbit and White a commit
tee TO convey the resolution to the
Senate. Representatives Corbit and
White requested that they be ex-
cused from serving as committee
men. stating they did not sympathize
with the resolution. but the speaker
insisted that they serve.
First Passed by Senate.
In the Senate early in the after
noon. Senator Alice offered the sub
stitute for the Palmer School bill,
and in doing so said; "Our effort
has been directed towards writing a
law that will be less expensive than
the present law and one that dis
tributes the burden OF taxation
equitably. We believe that this bill
will meet the ends desired and while
not perfect. we feel that il can be
changed later II necessary. II is inn
peratve that this Legislature act on
n school law without further delay.
This bill is democratic. In the
important matter OF the budget the
matter is placed in the control Of
AAAi NAAafMN Vi AAAN 9AAANs AAA'N AAN
protected by a triple check. First
the county boards, popularity elected
must pass on the budget, then the
State Board. popularity elected passes
on il and finally IL must come before
the Legislature.
Senator Alice then explained the
taxation features OF the bill.
I'VE have not changed the pro-
visions as regards the tax on real
estate. 1t remains at 20 cents on the
hundred. We have felt that real
estate was carrying too heavy load
and II this load was not lifted at
this time. it might be years before
such an opportunity would present
itself again" Senator ALE said.
In reference to the corporation
tax features he said I'VE haven't
tried TO care for the objections Of
those who used the three per cent
tax as a subterfudge. They were not
honest and used this means TO try
to avoid the payment of any tax. We
believe that we have removed the
and objection
Senator Palmer stated that he felt
this was one Of the most important
matters that had confronted the
Legislature in years. we came
here with instructions 10 get rid OF
the present law which has become
obnoxious 20 the people Of the State.
1t has been our desire TO give them
in its place a school law that would
meet the requirements OF the State
and not be a burden on any class
Of our people" Senator Palmer said.
Senator Price stated that he was
opposed 20 the election OF the mem
bers OF the State Board Of Educa-
ton, but would waive his objections
and support the bill, which he con-
sidered on the whole a good meas
ure. 1T is a start in the right direc-
! ton and as a whole an admirable
I bill" Senator Price said.
The Senate then passed the bill
by a vote OF 16 10 /. Senator Hop
ldns. OF Kent county. being the only
member TO vote against Il. The meas
ure then was sent over to the House,
which refused TO consider il, under
the Kramer resolution set forth in
the foregoing.
Senators in Flare-up.
Republican Senators in the Senate
last night expressed sympathy foi
the House Democrats on the theory
that they are being used by pollti-
clans or representatives OF corpora
tions or both in connection with the
| nronocaF erhno1 law