House Substitute for House Bill No. 39.r An Act atithorizing and empowering any person

922

House Substitute for House Bill No. 39.r

I •

An Act atithorizing and empowering any person, partnership, as-sociation or corporation, domestic and/ or foreign, to make .loans on oyster beds or grounds in the Delaware Bay and to hold a mortgage against or an assignment of said beds or grounds as security for said loans.

House Substitute for House Bill No. 44.

An Act to amend Chapter 165 of the Revised Code of Delaware, 1935, as amended, in reference to registration fees of Motor Vehicles.

House Bill No. 56.

An Act to amend Chapter 74 of the Revised Code of Delaware, 1935, relative to fish, oysters and game, providing for the protection of the oyster beds in the Broadkiln River and Mispillion River and providing that the Warden employed on \i\Tatchboat patrolling Broadkiln River shall be a resident of the Tenth Representative District in Sussex County.

House Bill No. 67.

An Act to amend Chapter 58 of the Revised Code of Delaware, 1935, relating to Primary Elections by further defining the duties of the Department of Elections for the City of 'Wilmington thereto.

House Bill No. 68.

An Act to amend Chapter 57 of the Revised Code of Delaware, 1935, relating to the Department of Elections· for the City of Wilmington and its duties concerning places of Registration and Election.

House Bill No. 71.

An Act to amend Chapter 36 of the Revised Code of Delaware, 1935, by providing that a copy of all plans for future State Buildings be filed with the State Archives Commission.

House Bill No. 105 with Senate Amendment No. 1.

923

An Act to amend Chapter 47, Volume 41, Laws of Delaware, 1937, entitled "An Act appropriating certain money for the construction and equipment of a new State Arinory in the City of Milford."

House Bill No. 165 .

An Act to amend Chapter 90 of the Revised Code of Delaware, 1935, in relation to preference being given to Delaware Labor in the construction of Public Works for City, County or State. ·

House Bill No. 175:

An Act to amend Chapter 165 of tl1e Revised Code of Delaware, 1935, as amended, in reference to Operators' and Chauffeurs' Licenses; non-residents, when exempt from Licenses; application for Operators' and Chauffeurs' Licenses; Notary Fees, charging unlawful Notary Fees, misdemeanor; penalty, what application shall contain; providing License Fees; providing Expiration date of License.


An Act making appropriations for the School Budget for the school· years beginning respectively July 1, 1939, and July 1, 1940, and ending respectively June 30, 1940, and June 30, 1941.

House Substitute for House Bill No. 222 as Amended.

An Act to amend Chapter 36 of the Revisecl Code of Delaware, 1935, relating to the Public Archives Commission.

House Bill No. 372 .

An Act to amend 5352 Section 9 Chapter 156 of the Revised Code of Delaware, 1935, relating to the fees to be charged by the Register in Chancery.

House Bill No. 374.

An Act to amend Chapter 98 of the Revised Code of Delaware, 1935, relating to the settlement of Personal Estates providing for notice of administration, publication of, effect thereof with respect to claims against the estate of a decendent, and barring certain claims not presented within one year.

924

House Bill No. 375.

An Act to :;,.mend 3813 Section 15 of Chapter 98 of the Revised Code of Delaware, 1935, changing the amount of the Bond to be given by an executor or administrator.

Mr. Knight, on behalf of the Committee on Elections to whom had been referred Senate Substitute for Senate Bill No. 248, entitled:

An Act to amend Chapter 56 of the Revised Code of the State of Delaware ( 1935) entitled "Registration of Voters."

Reported the same back to the House favorably.

E. S. KNIGHT, Chairmati ELL WOOD S. LEACH VERNER P. BURTON THOMAS A. KELLUM

Mr. Knight, on behalf of the Committee on Elections to whom . had. been referred Senate Substitute for Senate Bill No. 249, entitled:

An Act to amend Chapter 58 of the Revised Code of the State of Delaware ( 1935) entitled "Primary Elections."


EDW. S. KNIGHT, Chairman ELL WOOD S. LEACH VERNER P. BURTON THOMAS A. KELLUM

Mr. Manlove, on behalf of the Committee. on Revised Statutes to whom had been referred Senate Substitute for Senate Substitute for Senate Bill No. 257, entitled:

An Act to amend Chapter 43 of the Revised Code of Delaware, 1935, relative to Levy Courts providing for the Relief and Care of the Indigent Sick of Sussex County.


925

GEORGE MANLOVE, Chain1rnn HENRY M. CANBY FRED PEPPER JOHN A HARTMAN RANDOLPH REYNOLDS

THE SPEAKER ANNOUNCED HE IS ABOUT TO SIGN:

Senate Bill No. 173.


Senate Substitute for Senate Bill No. 269.

Senate Bill No., 197.



Mr. Canby moved that House Bills Nos. 421, 423, 424, b~ stricken from the Calendar.

Motion prevailed.

On motion of Mr. Thawley, House Substitute for House Bill No. 310, entitled:

An Act to amend an Act entitled "An Act to reiricorporate the Town of Laurel," being Chapter 164, Volume 29, Laws of Delaware, by authorizing the Mayor and Council of Laurel to raise by Taxation a sum not in excess of Twenty-Two Thousand Dollars for general expenses and the Fire Department; Mayor to have deciding Vote in case of a tie in the Council, Powers of the Mayor, Council authorized to borrow money for current expenses.

\i\Thich was taken up for consideration and read in order to pass the House.

0~1. the question "Shall the Bill Pass the House?"

The yeas and nays were ordered, which being taken, were as follows:

926

- YEAS-:fyiessrs, Barr, Benson, Bierlin, Biggs, Brown, Bucking-· ham, Burton, Canby, Draper, Fifer, Kellum, Leach, Manlove, Pennington, Penuel, Fred Pepper, F. Vv. Pepper, Reynolds, Rhodes, Knight, Woodward, Mr. Speaker-22.

. NA YS-J\ifessrs, Bailey, Burris, Gordy, Hartman, McGuigan, Moore, Newnam, Pinder, Rambo, A. G. Smith, Staats, Thawley-12.

So the question was decicled in the negative and the bill not having received the required constitutional majority, was los,t.

On motion of Mr. Benson, House Substitute for House Bill No. 394, entitled:

An Act making an appropriation to the State Military Board for the purpose of making necessary repairs on State Owned Armories located at Dover, Laurel, Newark and New Castle, Delaware.


On the question "Shall the BiH Pass the House?",


YEAS-Messrs, Bailey, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Canby, Draper, Fifer, Gordy, Hartman, Kellum, Manlove, McGuigan, Moore, Newnam, Pennington,. Penuel, Freel Pepper, F. 'vV. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G; Smith, Staats, Thawley, Woodward, Mr. Speaker.....,..32.

NAYS-None.

So the question was decided ii1 the affirmative and the bill having received the required constitutional majority, passed the House.

And was ordered to the Senate for Concurrence.

THE SPEAKER ANNOUNCED HE rs ABOUT TO SIGN;

House Bill No. 119.

House Bill No. 171.

House Bill No. 107.

House Bill No. 273.

House Substitute for House Bill Ko. 315.

House Substitute for House Bill No. 366:

House Bill No. 459.

House Bill No. 466.

House Bill No. 467.

On motion of Mr. Benson, House Joint Resolution No. 6, entitle<(:

Appropriating certain moneys out of the State Treasury to pay certain claims against the State, relative to expenses incurred by the Supreme Court.

vVas taken up for consideration and read a third time, by para-graphs, in order to pass the House.

On the question "Shall the Resolution Pass the House?"

The yeas and nays were ordered, which being taken, were as follows :

YEAS-Messrs, Bailey, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Canby, Draper, Gordy, Hartman, Manlove, Mc-' Guigan, Moore, Newnam, Pemiington, Penuel, Fred Pepper, F. W. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Thawley, \i\Toodward, Mr. Speaker-30.

NAYS-None.

So the question was decided in the affirmative and the resolution having received the required constitutional majority, passed the House ..


Mr. Pennington moved that the rules be suspended for the purpose

928

of considering Senate Bill No. 190.

Motion prevailed.

On motion of Mr. Peirnington, Senate Bill No. 190, entitled:

An Act to provide for Commercial Courses in the Delaware City High School and to appropriate Funds therefor.

\i\Thich was taken up for consideration and read 111 order to pass the House.

On the question "Shall the Bill Pass the House?"


YEAS-Messrs, Bailey, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Canby, Draper, Fifer, Gordy, Hartman, Leach, Manlove, McGuigan, J\!Ioore, Newnam, Pennington, Penuel, Fred Pepper, F. VI/. Peppe1', Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Sinith, Staats, Thawley, Woodward, Mr. Speaker-33.

NAYS-None.

So the question ,vas decided in the affirmative and the bill having received the required constitutional majority, passed the House.

And was ordered returned to the Senate.

Mr. McGuigan moved that the vote on House Bill No. 160 be reconsidered.

On the question "Shall the Motion Pass the House?''·

The yeas and nays were ordered, which being taken were as follows:

YEAS-Messrs, Bailey, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Canby, Draper, Fifer, Gordy, Hartman,

. Leach, Manlove, McGuigan, Moore, Newnam, Pennington, Penuel, Freel Pepper, F. \i\T. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Thawley, \i\T oodwarcl, Mr. Speaker-33.

NAYS-None.

929

So the question was decided in the affirmative and the motion having received the required constitutional majority, passed the House.

Mr. McGuigan moved that House Bill No. 160 be restored. to the Calendar.

Motion prevailed.

Mr. Benson moved that the House adjourn until 11 o'clock, A. M., Wednesday, April 19th, 1939.

Motion prevaile_d.

930

SEVENTIETH LEGISLATIVE DAY

Dover, Delaware, April 19th, 1939, 11 · o'clock, A. M'

House met pursuant to adjournment.

Mr. Benson called the House to order.

Due to the absence of the Chaplain, the Chief Clerk and Readill( Clerk.

Roll call was suspended and the reading of the Journal deferred.

There not being a quornm present, Mr. Knight moved that the House adjourn, to meet Thursday, April 20th, 1939, at 1 I o'clock, A. M.

Motion prevailed.

931

SEVENTY-FIRST LEGISLATIVE DAY

Dover, Delaware, April 20th, 1939, 11 o'clock, A. M.


Prayer by the Chaplain, Rev. Windsor.

Roll Called.

Members present-Bailey, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Canby, Draper, .Fifer, Gordy, Hartman, Kellum, Leach, Manlove, McGuigan, Moore, Newnam, Pennington, Penuel, Fred Pepper, F. W. Pepper, Pinder, Rambo, Reyonlds, Rhodes, Knight, A. G. Smith, Staats, Stein, Thawley, Woodward, Mr. Speaker -35.

Clerk proceeded to read the Journal of the Previous Session when Mr. Benson moved so much be considered the reading of the Journal and the Journal be approved.

Motion prevailed.

Mr. Pierce, Secretary of the Senate, being admitted, informed the · House that the Senate had concurre~l in the following:

House Joint Resolution No. 10,_ entitled :

Requesting that Migratory Waterfowl Season open November 1, 1939, instead of October 16, 1939.

And returned the same to the House.

Mr. Pierce, Secretary of the Senate, being admitted, informed the House that the Senate had concurred in the following :

House Bill No. 282.

932

An Act to amend Chapter 150 of the Revised Code of Delaware, 1935, entitled "Offenses Against Private Property," relating to the issuance of Worthless Cheques-for valuable consideration and providing a penalty.


· Mr. Pierce, Secretary of the Senate, being admitted, informed the House that the Senate had concurred in the following :

House Bill No. 373.

An Act to_ amend · Chapter 1 l7 of the Revised Code of Delaware, 1935, as amended by Chapter 206 of the Laws of Delaware,-1937, relat:. ing to settlement of Personal Estates, by adding a new Section to be known as Section 35A of Chapter 117 Revised Code of Delaware, 1935, defining the term "Principal" in accounting anti distribution of Trust Funds. ·

A~1d returned the sa111e to the House. ·

Mr. Pierce, Secretary- of the Senate, being ad1-i1itted, informed the House that the Senate had concurred in the following :

House Bill No. 473.

An Act to_ amend Chapter 98 of the Revised Code of Delaware, 1935, entitled "Settlement of Personal Estates, Register of Wills" relat.; _ing to acquittances from Guardian or Trustee; Form thereof; by providing for filing thereof with Register _ and prescribing how trea~ed ir, account before Register. ·



.House Bill No. 472.

An Act to amend Chapter 117 of the Revised Code of Delaware, 1935, by defining the term "Principal" in Accounting and Distribution of Trust Funds.

933 ·,



House Bill No. 471.

An Act to repeal all of Chapter 206, Volume 41, Laws of Delaware, 1937, entitled "An Act to amend Chapter 117 of the Revised Code of Delaware, 1935, by adding a new Section to be known as Section 35A, defining the term "Principal" in Accounting and Distribution of Trust Funds.


Mr. Pierce, Secretary of the Senate, being admitted, informed the House that the Senate had concurred in the following:

Senate Substitute for House Bill No. 291.

An Act to amend Chapter 74 of the Revised Code of Delaware, 1935, entitled "Fish, Oysters and Game" relating to Nets used fot' Fishing, Size of Mesh, and use thereof in Tidal Waters.


Mr. Pierce, Secretary of the Senate, being admitted, informed the . House that the Senate had passed and requested the concurrence of the House in the following:


An Act to amend Chapter 116 of the Revised Code of the State of Delaware as amended relative to the Jurisdiction and Powers of the Juvenile Court of Kent and Sussex Counties by providing for the Compensation of the Probation Officers, and Actual Expenses incurred in the performance of their duties.

And presented the same to the House.


Senate Substitute for House Substitute for House Bill No. 290.

/

934

An Act to amend Chapter 74 of the Revised Code of Delaware, 1935, entitled "Fish, Oysters and Game" relating to the License Fees for Non-Residents to fish in the Waters of Indian River, Rehoboth Bay, Assawoman Bay and its Tributaries.




An Act to amend Chapter 74 of the Revised Code of Delaware, 1935, providing for the possession, sale and offering for sale of Hard and Peeler Crabs caught in Indian River and Rehoboth Bay or any of their Tributaries.


Mr. Pierce, Secretary of the_ Senate, being admitted, informed the House that the Senate had passed and requested the concurrence of the House in the following:


An Act to amend Chapter 117 of the Revised Code of Delaware, 1935, as amended by Chapter 206, Volume 42, Laws of Delaware, 1937, in relation to Investments by Trustees, Guardians and other Fiduciaries

· And presented the same to the House.

Mr. Pierce, Secretary of the Senate, being admitted, informed the House that the Senate had passed and requested the concurrence of the House in the following :


An Act creating a Department of Elections for Kent County; describing its Powers and Duties.


Mr. Pierce, Secretary of the Senate, being· admitted, informed the

935

House that the Senate had passed and requested the concurrence of the House in the following :

Senate Bill No. 69.

An Act to facilitate the Co-operation of the State of Delaware with other Units of Government and to establish an Unpaid Commission for that purpol:ie.


Mr. Pierce, Secretary of the Senate, being admitted, . informed the House that the Senate had passed and requested the concurrence of the House in the following :

Senate Bill No. 15. .. An Act to amend Chapter 6 of the Revised Code of Delaware, 1935,

relating to State Revenue; providing for the exemption of dealers m grains and· commercial feeds, fruits and vegetables, poultry and coal.


Mr. Pierce, Secretary of the Senate, beii1g admitted, informed the House that the Senate had passed and requested the concurrence;; of the House in the following :


An Act appropriating certain moneys to Major James vV. Cannon fo pay claim against the State of Delaware.




An Act authorizing and directing State Highway Department to construct at its own cost a Drainage Sewer along right of way of State Highway through Unincorporated Town or Development known as Stockdale.

936


Mr. Pierce, Secretary of the Senate, being admitted, informed the House that the Senate had passed and requested the concurre11te of the House in the following :


An Act authorizing the Appointment of a Commission to commemorate "Delaware Day"; Duties thereof.


Mr. Pierce, Secretary of the Senate, being admitted, informed the HQ;..tse that the Senate had passed and requested the concurrence of the House in the following :


An Act providing for the Auditing of Tax Books of Tax Collectors formerly collecting taxes in New Castle County; uncollected taxe.s to be collected by Delinquent Tax Collectors, providing for release of Bond .under certain conditions ..

Apd returned the same to the House.

Mr. Pierce, Secretary of the Senate, being admitted, informed the House that the Senate had passed and requested the concurrence of the House in the following:

. Senate Bill No. 58 with Senate Amendment No. 1.

An Act making it unlawful to operate a steam generating boiler, using wood, coal, or coke for fuel unless equipped with an effective spark arresting device ; defining an effective spark arresting device, and providing penalties for the violations thereof.

And presented· the same to the· House.

Mr. Pierce, Secretary of the Senate, being admitted, informed the

937



An Act extending jurisdiction of Harbor Master of Port of Lewes and Lewes and Rehoboth Canal to include Indian River Inlet, Rehoboth Bay and Delaware Breakwater; authority to stop and Board any vessel within his jurisdiction suspected of violation of Law; authority to make arrests on view ; salary and expenses.


Mr. Pierce, Secretary of the Senate, being admitted, informed the House that the Senate had passed and requested the concurrence of the

. House in the following :


An Act to provide for the seizure, condemnation and forfeiture to the State of Delaware of all Vehicles knowingly used in or in connection with the commission of any Felony or in the violation of Article 42 of Chapter 100 of the Revised Code of Delaware, 1935, relating to Narcotic Drugs or knowingly and voluntarily used in or in connection with the flight or escape of any person who has committed any Felony or who has violated the provisions of the aforesaid law relating to Narcotic Drugs.


Mr. Pierce, Secretary of the Senate, being admitted, informed the House that the Senate had con~urred in the following :

Senate Substitute for House Bill No. 106 with House Amendment No. 1.

An Act authorizing the appointment of a Commission to consider the feasibility of an appropriate crossing of the Delaware River.


Mr. Benson, on behalf of the Committee on Appropriations to whom had been referred House Joint Resolution No. 8, entitled:

Creating a Commission to study the General vVelfare needs of the

938

Negro citizenry in ·the State of Delaware and appropriating the sum of Five Thousand Dollars for the use and purposes thereof.


ELMER E. BENSON, Chairman FRANK R. ZEBLEY HENRY M. CANBY GEORGE MANLOVE

Mr. Benson, on behalf of the Committee on Appropriations to whom had been referred House Bill No. 257, entitled:

An Act to amend Chapter 21 of the Revised Code of Delaware, 1935, providing for the payment for Cattle condemned for Tuberculosis and Bang's Disease.


ELMER E. BENSON, Chairma11 FRANK R. ZEBLEY HENRY M. CANBY GEORGE MANLOVE

Mr. Buskingham, on behalf of the Committee on Passed Bills, re-ported as approved by the Governor, the following:

House Substitute for House Bill No. 216. Approved April 17, 1939.

House Substitute for House Bill No. ·39_ Approved April 17, 1939.

House Subs_titute for House Bill No. 193. Approved April 17, 1939.

House Bill No. 385. Approved April 17, 1939.

Mr. Buckingham, on behalf of the Committee on Passed Bills, re-ported as approved by the Governor, the following:

House Bill No. 295. Approved April 17, 1939.

House_Bill No. 296. Approved April 17, 1939.

House Substitute for House Bill No. 332. Approved April 17, 1939.

939

Mr. Benson moved that the House recess until the call of the Chair.

Motion prevailed. Same Day.

House met at ~xpiration of recess.

The Chair presented Senate Substitute for House Bill No. 292, entitled:

An Act to amend Chapter 74 of the Revised Code of Delaware, 1935, in relation to selling and offering for.sale, Hard and Peeler Crabs caught in Indian River and Rehoboth Bay or any of their Tributaries.

Vvhich was given first and second reading. The second by title only, and referred to the Committee on Fish, Oysters and Game.

The Chair presented Senate Substitute for House Bill No. 291, entitled :

An Act to amend Chapter 74 of the Revised Oxle of Delaware, 1935, entitled "Fish, Oysters and Game" relating to Nets usep for Fishing, Size of Mesh, and use thereof in Tidal Waters.

·which was given first and second reading. The second by title only, and referred to the Committee on Fish, Oysters and Game.

The Chair presented Senate Substitute for House Substitute for House Bill No. 290, entitled:

An Act to amend Chapter 74 of the Revised Code of Delaware, 1935, entitled "Fish, Oysters and Game" relating to the License Fees for Non-Residents to fish in the waters of this State.

Which was given first and second reading. The second by title only, and referred to the Committee on Fish, Oysters and Game.

The Chair presented Senate Substitute for Senate Bill No. 263, entitled:

An Act providing for the Auditing of Tax Books of Tax Collectors 'formerly collecting taxes in New Castle County; uncollected taxes to be collected by Delinquent Tax Collectors, providing for release of Bond under certain conditions. .

940

Which was given first and second reading. The second by title only, and referred to the Committee on Miscellaneous.


An Act to amend Chapter 116 of the 1935 Revised Code of the State of Delaware as amended relative to the Jurisdiction and Powers of the Juvenile Court of Kent and Sussex Counties.

Which was given first and second reading. The second by title only, and referred to the Committee on Judiciary and Crime.


An Act authorizing the appointment of a Commission to commemorate "Delaw~re Day"_; Duties thereof.

Which was given first and second reading. The second by title only, and referred to the Committee on Education.

The,Chair presented Senate Bill No. 181, entitled:

An Act authorizing and directing State Highway Department to construct at its own cost a Drainage Sewer along right of way of State Highway through Unincorporated Town or Development known as Stockdale.

Which was given first and second reading. The second by title only, and referred to the Committee on Public Health.

The Chair presented Senate Substitute for House Bill No. 106, entitled:

An Act authorizing· the appointment of a Commission to consider the feasibility of an appropriate crossing ·of the Delaware River.

Which was given first and second reading, the second by title only, and referred to the Committee on Miscellaneous.

The Chair presented Senate Bill No. 270, entitled:·

941

An Act to provide for the seizure, condemnation and forfeiture to the State of Delaware of all Vehicles knowingly used in or in connection with the commission of any Felony or in the violation of Article 42 of Chapter 100 of the Revised Code of Delaware, 1935, relating to Narcotic Drugs or knowingly and voluntarily used in or in connection with the flight or escape of any person who has committed any Felony or who has violated the provisions of the aforesaid law relating to Narcotic Drugs.


The Chair presented Senate Bill No. 315, entitled:

An Act creating a Department of Elections for Kent County; de-, scribing its. Powers· and Duties.

Which was given first and second reading. The second by title, only, and referred to the Committee on Elections.


An Act to amend Chapter 117 of the Revised Code of Delaware, 1935, as amended by Chapter 206, .Volume 42, Laws of Delaware, 1937, in relation to Investments by Trustees, Guardians and other Fiduciaries.

Which was given first and second reading. The second by title ·only, and' referred to the Committee on Judiciary and Crime.


An Act to amend Chapter 6 of the Revised Code of Delaware, 1935, relating to State Revenue; providing for the exemption of dealers in grains and commercial feeds, fruits and vegetables, poultry and coal.

Which was given first and second reading. The second by title only, and referred to the. Committee on Miscellaneous.


An Act extending jurisdktion of Harbor Master of Port of Lewes and Lewes and Rehoboth Canal to include Indian ,River Inlet, Rehoboth Bay and Delaware Breakwater; authority to stop and Board any vessel

942

within his jurisdiction suspected of violation of Law; authority to make arrests on view ; salary and expenses.


The Chair presented Senate BitrN o. 69, entitled :

An Act to facilitate the Co-operation of the State of Delaware with other Units of Government and to establish an Unpaid Commission for that purpose.

Which was given first and second reading. The second by title only, and referred to the Committee on Miscellaneous.


An Act appropriating certain moneys to Major James W. Cannon ·to pay claim against the State of Delaware.

Which was given first and second reading. The second by title only, and referred to the Committee on Claims.

The Chair presented Senate Bill No. 5~, with Senate Amendme11t No. l, entitled:

An Act making it unlawful to operate a steam generating boiler, using wood, coal, or coke for fuel unless equipped with an effective spark arresting device; defining an effective spark arresting device, and providing penalties for the violations thereof.

·which ~as given first and second reading. The second by title only. and referred to the Committee on Judiciary and Crime.

· The Speaker announced he is about. to sign :

Senate Bill No. 305 as amended.


House Substitute for Senate Bill No. 260.

House Substitute for Senate Bill No .. 80.

943.·

Mr. Bierlin presented the following petition:

We, the undersigned, do hereby request that the Appropriations Committee report out of Committee, House Substitute for House Bill No. 337, entitled "An Act to amend Chapter 71 of the Revised Code of Delaware, 1935, entitled "Free Public Schools" by providing transportation for school children under certain conditions not otherwise provided for," so that same may have the action of the House.

GEORGE T. BIERLIN ABNER WOODWARD EDW. S. KNIGHT FRED BROWN FRANK H. BUCKINGHAM F. W. PEPPER GEORGE W. RHODES WILLIAM BIGGS . · VERNER P. BURTON FRED PEPPER NORMAN A. DRAPER J. LINDEN BARR MANFORD PENUEL JOSEPHS. NEWNAM HERMAN H. STAATS FRED S. BAILEY RICHARD E. PINDER JOHN W. RAMBO

The Speaker announced he is about to sign :

House Bill No. 282.

House Bill No. 373.

House Bill No. 471.

House Bill No. 472.

House Bill No. 473.

Mr. Benson moved that the House recess ,until 2 o'clock, P. M.

Motiori prevailed.

Same Day 2 o'clock, P. M.

944

House met at expiration of recess.

On motion of Mr. Brown, Senate Substitute for Senate Substtitute for Senate Bill No. 257, entitled:

An Act to amend Chapter 43 of the Revised Code of Delaware, 1935, relative to Levy Courts providing for the Relief and Care of the Indigent Sick of St.1ssex County.

Which was taken up for consideration and read 111 order to pass the House.

On the question, "Shall the Bill pass the House?"


YEAS-Messrs, Bailey, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, 1 Burris, Burton, Canby, Draper, Fifer, ·Gordy, Hartman, Kellum, Leach, Manlove, Moore, Newnam, Pennington, Penuel, Fred Pepper, F. VI. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Thawley, \;Voodward, Mr. Speaker-33.

NAYS-None.

So the question was decided in the affirmative and the bill having received the required constitutional majority passed the .House.


Mr. Canby, on behalf of the Committee on Judiciary and Crime to whom had been referred Senate Bill No. 58 with Senate Amendment No. 1, entitled:

An Act making it unlawful to operate a steam generating boiler, using wood, coal, or coke for fuel unless equipped with an effective spark arresting device ; defining an effective spark arresting . device, a.nd providing penalties for the violations thereof.


HENRY M. CANBY, Chairman ELLWOOD S. LEACH FRED PEPPER

945

Mr. Canby, on behalf of the Committee on Judiciary and Crime to whom had been referred Senate Substitute for Senate Bill No. 3, entitled:

An Act to amend Chapter 116 of the Revised Code of the State of Delaware as amended relative to the Jurisdiction and Powers of the Ju:venile Court of Kent and Sussex Counties by providing for the Compensation of the Probation Officers, and Actual Expenses incurred in the performance of their duties.

Reported the same back t? the House favorably.

HENRY M. CANBY, Chairman

ELL WOOD S. LEACH

FRED PEPPER

Mr. Canby, on behalf of the Committee on Judiciary and Crime to whom had bet;n referred Senate Bill No. 270, entitled:

An Act to provide for the seizure, condemnation and forfeiture to the State of Delaware of all Vehicles knowingly used in or in connection with the commission of any Felony or in the violation of Article 42 of Chapter 100 of the Revised Code of Delaware, 1935, relating to Narcotic Drugs or knowingly and voluntarily used in or in connection with the flight or escape of any person who has committed any Felony or who has vi.olated the provisions of the aforesaid law relating to Narcotic Drugs.


\ HENRY M. CANBY, Chairman

ELL WOOD S. LEACH

FRED PEPPER

Mr. Canby, on behalf of the· Committee on Judiciary and Crime to whom had been referred House Bill No. 319, entitled:

An Act to amend Chapter 117 of the Revised Code of Delaware, 1935, as amended by Chapter 206, Volume 42, Laws of Delaware, 1937, in relation to Investments by Trustees, Guardians and other Fiduc.iaries.


946

HENRY M. CANBY, Chairman ELL WOOD S. LEACH FRED PEPPER

Mr. Fifer, on behalf of the Committee on Public Lands and Buildings to whom had been refeirred Senate Bill No. 313 with Senate Amendment No. 1, entitled:

An Act to amend Chapter 4 of the Revised Code of Delaware, 1935, by providing for a Superintendent of all State owned Buildings at the State Capital.


C. FRED FIFER, Chairman GEORGE W. RHODES FRED BROWN F. W. PEPPER

Mr. Rhodes, on behalf of the Committee 011 Pttblic Health to whom had been referred Senate Bill No. 181, entitled:

An Act authorizing and directing State Highway Department to construct at its own cost a Drainage Sewer aiong right of way of ·state Highway through Unincorporated Town or Developement known as Stockdale .

. Reported the same back to the House favorably.

GEORGE W. RHODES, Chairman JOSEPHS. NEWNAM C. FRED FIFER MANFORD PENUEL FRED BROWN

Mr. Fifer on motion for leave introduced House Substitute for House Bill No. 270, entitled:

An Act to provide for the designing, copyrighting and use of ~ Delaware State Quality Label.

Which was given first and second reading. The second by title only, and referred to the C0111mittee on Agriculture.

. 947

Mr. Zebley, on behalf of the Committee on Miscellaneous to whom had been referred House Bill No. 382, entitled:

An Act to amend Chapter 42 of the Revised Code of Delaware, 1935, providing for the appointment of Notaries Public.


FRANK R. ZEBLEY, Chairman NORMAN A. DRAPER ABNER WOODWARD FRANK H. BUCKINGHAM

Mr. Zebley, on behalf of the Committee on Miscellaneous to whoii-1 had .been referred House Substitute for House Bill No. 410, entitled:

An Act authorizing Delaware River Tunnel Company to construct, maintain and operate a vehicular tunnel under the Delaware River from a point at or near Pidgeon Point in the State of Delaware to a point at or near Deep Water Point in the State of New Jersey and granting all necessary rights, privileges, permits and authority therefor.


FRANK R. ZEBLEY, Chairman NORMAN A. DRAPER ABNER WOODWARD

.1 FRANK H. BUCKINGHAM

Mr. Zebley, on behalf of the Committee on Miscellaneous to whom had been referred Senate Substitt:1te for House Bill No. 106 with House Amendment No. 1, entitled:



FRANK R. ZEBLEY, Chairman NORMAN A. DRAPER ABNER WOODWARD FRANK H. BUCKINGHAM

948 ·

On motion of Mr. Benson, House Joint Resolution No. 8, entitled:'

Creating a Commission to Study the General \Velfare needs of the Negro Citizenry in the State of Delaware and appropriating the smn of Five Thousand Dollars for the use and purposes thereof.

\Vas taken up for consideration and read a third time, by paragraphs, in order to pass the House.

Mr. Bensori offered House An'lendment No. 1 to House Joint Resolution No. 8.

Which was taken up for consideration and read in order to pass the House.

Mr. Benson moved that the Amendment be adopted.

Mr. Barr seconded the motion.

On the question "Shall the Amendment Pass the House?;'


YEAS-Messrs, Bailey, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Canby, Draper, Fifer, Gordy, Hartman, Kellum, Leach, Manlove, Moore, Newnam, Pennington, Penuel, Fred Pepper, F. W. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Stein, Thawley, Woodward~ Mr. Speaker-34.

NAYS-None.

So the question was decided in the affirmative and the Amendment having received the required constitutional majority, passed the House.

On the question "Shall the Resolution as amended Pass the House?"


YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burton, Canby, Draper, Fifer, Kellum, Leach, Manlove, Moore, Pennington, Penuel, Fred Pepper, F. W. Pepper, Reynolds, Rhodes, Knight, Woodward,·. Mr. Speaker-23.

949

NAYS-Messrs, Bailey, Burris, Gordy, Hartman, Newnam, Pinder, Rambo, A. G. Smith, Staats, Thawley-10.

So the question was decided in the affirmative and the resolution as amended having received the required constitutional majority, passed the House.

And was ordered to the · Senate for Concurrence.

Mr. Knight, on behalf of the Committee on Elections to whom had been referred Senate Bill No. 315, entitled:

An Act creating a Department of Elections for Kent County; describing its Powers and Duties.


EDW. S. KNIGHT, Chairman ELL WOOD S. LEACH THOMAS A. KELLUM VERNER P. BURTON

Mr. Knight moved that the rules of the House be suspended for the purpose of considerir'1g House Bill No. 257.

Motion prevailed.

On motion of Mr. Knight, House Bill No. 257, entitled:

An Act to amend Chapter 21 of the Revised Code of Delaware, 1935, Providing for the Payment for Cattle Condemned for Tuberculosis and Bang's Disease.




YEAS-Messrs, Bailey, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Draper, Fifer, Hartman, Kellum, Leach, Manlove, Moore, Newnam, Pennington, Penuel; Freel Pepper, F. W.

950

Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Thawley, Woodward, Mr. Speaker-31.

NAYS-None.

So the question was decided in the affirmative and the bill haying received the required constitutional majority, passed the House.


Mr. Buckingham, on behalf of the C01111nittee on Passed Bills, reported to the House that he had delivered to the. Governor the following:


An Ad appropriating certain moneys to Equitable Trust Company, a corporation of the State of Delaware, Executor of the Estate of W. Miller Shaw, deceased, to pay a certain claim against the State of Delaware, arising from an overpayment of the Delaware Estate Tax.

House Bill No. 170.

An Act to amend Chapter 157 of the Revised Code of Delaware, 1935, relating to the State Board of Chiropody, the members thereof, the term of offict: and vacancies.

House Bill No. 171.

An Act to amend Chapter 157 of the Revised Code of Delaware, 1935, relating to application for Certificate to Practice Chiropody, Fee and Qualification of applicant.

House Bill No. 273.

An Act authorizing the conveyance of certain lands owned by the State ·of Delaware, situated in South Murderkill Hundred, Kent County, in exchange for certain other lands in said Hundred required for State Highway purposes, and now owned by Clarence T. Postles and Anna-belle Postles, his wife. · ·


An Act to amend Chapter 30 of the Revised Code of Delaware,

951

1935, regulating the practice of Dentistry, Dental Surgery and Oral Hygiene-in the State of Delaware.


An Act to amend Article 3 of Chapter 43 of the Revised Code of Delaware, 1935, relative to the Levy Court of Sussex County by providing Levy Court Districts and additional Levy Court Commissioners ; salaries.

House Bill No. 459.

An Act to promote the Public Health, Safety, Protection of public property and Welfare by creating a State Commission for the purpose of financially assisting and enabling such Institutions, Departments, or Agencies in the State of Delaware, etc.

House Bill No. 466.

An Act to provide that the Receipts and Moneys of the State be deposited in and disbursed from one General Fund on and after July 1, 1941, and making exceptions of certain receipts and moneys therefrom.·

House Bill No. 467.

An Act to provide for the establishment of a permanent Budget Commission and defining the powers and duties thereof.

On motion of Mr. Canby, Senate Substitute for Senate Bill No. 248, entitled :

An Act to amend Chapter 56 of the Revised Code of the State of Delaware ( 1935) entitled "Registration of Voters" by changing manner of selection and appointment of Registration Officers in New Castle County.

Which was taken up for consideration and read 111 order to· pass the House.

On the questio11, "Shall the Bill pass the House?"

The yeas and nays were ordered, which being taken were as follows :

952

'YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Buckingham, Bmton, Cai1by, Draper, Fifer, Kellum, Leach, Manlove, Pennington, Penuel, Fred Pepper, F. vV. Pepper, Reynolds, Rhodes, Knight, \i\Toodward, Mr. Speaker-21.

NAYS-Messrs, Bailey, Burris, Gordy; Hartman, Moore, Newnam, Pinder, Rambo, A. G. Smith, Staats, Stein, Thawley-12.

So the question was decided in the affirmative and the bill having 'received the required constitutional majority passed the House.


On motion of Mr. Barr, Senate Substitute for Senate Bill No. 249, entitled:

An Act to amend Chapter 58 of the Revised Code of the State of Delaware ( 1935) entitled "Primary Elections." .

vVhich was taken up for consideration and read in order to pass the House.



YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burton, Canby, Draper, Fifer, Kellum, Leach, Manlove, Pennington, Penuel, Fred Pepper, F. \i\T. Pepper, Reynolds, Rhodes, Knight, Woodward, Mr. Speaker-22.

NAYS-Messrs. Bailey, Burris, Gordy, Hartman, Moore, Newnam, Pinder, Rambo, A._ G. Smith, Staats, Stein, Thawley-12.

So the question was decided in the affirmative and the. bill having received the required constitutional majority passed the House. ·


Mr. Benson moved that the House recess until the call of the Chair. ,-

Motion prevailed.

953

Same Day.


Mr. Benson, on behalf of the Committee on Appropl'iations Jto whom had been referred Senate Bill No. 259, entitled:

An Act authorizing the Levy Court of Kent County to a1)propriate County monies to David C. Harrison Post No. 14, Inc.,. American Legion, for the Maintenance of Ambulance.


ELMER E. BENSON, Chairman FRANK R. ZEBLEY GEORGE MANLOVE HENRY M. CANBY

Mr. Zebley, on behalf of the Committee on Miscellaneous to whom had been "referred Senate Substitute for Senate Bill No. 263, entitled:

An Act to amend ·chapter 165, as amended, of the Revised Code of Delaware, 1935, by placing the Motor Vehicle Department under the jurisdiction and control of the State Highway Department.


FRANK R. ZEBLEY, Chainnan FRANK H. BUCKINGHAM NORMAN A. DRAPER ABNER WOODWARD

Mr. Pennington on motion for leave introduced House Substitute for House Bill No. 120, entitled:

An Act to amend Chapter 49 of the Revised Code of Delaware, 1935, relating to Coroners by further defining their duties as to the holding . of Inquests.

·which was given first and second reading. The second by . title only, a1id referred to the Committee on Revised Statutes.

On motion of Mr. Pennington, House Substitute for House Bill

954

No. 425, entitled:

An Act to amend Chapter 71 of the Revised Code of Delaware, 1935, by providing full term electric lighting and power expense for all Free Public Schools within the State.

vVhich was taken up for consideration and read 111 order to pass the. House.

Mr. Pennington offered House Amendment No. 1 to House Substitute for House Bill No. 425.

Which was taken up for consideration and read 111 order to pass · the House.

Mr. Pennington moved that the Amendment be adopted.

Mr. Reynolds seconded the motion.

On the question "Shall the Amendment Pass the House?"


YEAS-Messrs, Ba:iley, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Canby, Draper, Fifer, Gordy, Hartman, Kellum, Leach, Manlove, Moore, Newnam, Pennington, Penuel, Fred Pepper, F. W. Pepper, Pinder, Rambo, Reynolds,· Rhodes, Knight, A. G. Smith, Staats, Stein, Thawley, vVoodward, Mr. Speaker-34.

NAYS-None.

So the question was decided in the affirmative and the Amendment having received the required constitutional majority, passed the House.

On the question, "Shall the Bill as amended pass the House?"


YEAS-Messrs, Bailey, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Canby, Draper, Fifer, Gordy, Hartman, Kellum, Leach, Manlove, Moore, Newnam, Pennington, Penuel, Fred Pepper, F. W. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Stein, Thawley, '\Voodward, Mr .. Speaker-34.

955

NAYS-c-None.

So the question was decided in the affirmative and the bill as amended h.,iving received the required constitutional majority, passed the House.


· Mr. Brown moved that the rules of the House be suspended for the purpose of considering all Senate Bills.

Motion prevailed.

On motion of Mr. Canby, Senate Bill No. 58 with Senate Amendment No. 1, entitled:

An Act making it unlawful to operate a steam generating boiler, using wood, coal, or coke for fuel unless equipped with an effective spark arresting device; defining an effective spark arresting device, and providing penalties for the violations thereof.

Which was taken up· for consideration and read 111 order to pass the House.

On .the question, "Shall the Bill as amended pass the House?"


YEAS-Messrs, Benson, Bierlin, Biggs, Brown, Buckingham, Burton, Canby, Draper, Fifer, Gordy, Hartman, Kellum, Leach, Man-' love, Moore, Newnam, Pennington, Penuel, Fred Pepper, F. W. Pepper, Pinder, Reynolds, Rhodes, Knight, A. G. Smith, Stein, Woodward Mr. Speaker-28.

NAYS-Messrs, Bailey, Burris, Rambo, Staats, Thawley-5.

So the question was .decided in the affirmative and the bill as amended having received the required constitutional majority passed the House,

. And was ordered returned to th(:! Senate.

On motion of Mr. Brown, Senate Substitute for Senate Bill No. 263, entitled:

956

An Act providing for the Auditing of Tax Books of Tax Collectors formerly collecting taxes in New Castle County; uncollected Taxes to be collected by Delinquent Tax Collectors, providing for release of Bond under certain conditions.

vVhich was taken up for consideration and read 111 order to pass the House.



YEAS-Messrs, Bailey, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, B.urton, Canby, Draper, Fifer, Gordy, Hartman, Kellum, Leach, Manlove, Moore, Newnam, Pennington, Penuel, Fred Pepper, F. VI/. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Stein, Thawley, Woodward, Mr. Speaker-33.

NAYS-None.

So the question was decided in the affirmative and the bill having received the required constitutional majority passed the House.


On motion of Mr. Canby, Senate Bill No. 319, entitled:

An Act to amend Chapter 117 of the Revised Code of Delaware, 1935, as amended by Chapter 206, Volume 42, Laws of Delaware, 1937, in relation to Investments by Trustees, Guardians and other Fiduciaries.

\i\lhich was taken up for consideration and read in order to pass the House.



YEAS-Messrs, Bailey, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Canby, Draper, Fifer, Gordy, Hartman, Kellum, Leach, Manlove, Moore, Newnam, Pennington, Penuel, Fred Pepper, F. W. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith,

957

Staats, Stein, Thawley, \i\Toodward, Mr. Speaker~33;',

NAYS-None.



On motion of Mr. Brown, Senate Bill No. 315, entitled: ,

An Act creating a Department of Elections for Kent County ; describing its Powers and Duties.

·which was taken up for consideration and read 111 order to pass the House.



YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burton, Canby, Draper, Fifer, Kellum, Manlove, Pennington, Penuel, Freel Pepper, F. \i\T. Pepper, Reynolds, Rhodes, Knight, ·wooclward, Mr. Speaker-21.

NAYS-Messrs, Bailey, Burris, Gordy, Hartman, Moore, Newnam, Pinder, Rambo, A. G. Smith, Staats, Stein, Thawley-12.


And was ordered i'eturned to the Senate.

On motion of Mr. Canby, Senate Bill No. 270, entitled:

An Act to provide for the seizure, condemnation and forfeiture to the State of Delaware of all Vehicles knowingly used in or in conhection with the commission of any Felony or in the violation of Article «1-2 of Chapter 100 of the Revised Code of Delaware, 1935, relating to Narcotic Drugs or knowingly and voluntarily used in or in connection with the flight or escape of any person who has committed any Felony or

958

who has violated the provisions of the aforesaid law relating to Narcotic Drugs.




YEAS-?-dessrs, Bailey, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Canby, Fifer, Gordy, Hartman, Kellum, Manlove, Moore, Newnam, Pennington, Penuel, Freel Pepper, F. W. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Stein, Thawley, vVooclwarcl, l\fr. Speaker-32.

NAYS-None .. ·



Mr. Woodward, on behalf of the Committee on Fish, Oysters, and Game to whom had been referred Senate Substitute for House Bill No. 292, entitled:

An Act to amend Chapter 74 of the Revised Code of Delaware, 1935, in relation to selling and offering for sale, Hard and Peeler Crabs eaught in Indian River and Rehoboth Bay or any of their Tributarie.s.


ABNER WOODWARD, Chairman F. W. PEPPER WM. K. PENNINGTON RANDOLPH REYNOLDS JOHN W. RAMBO

Mr. vVoodward, on behalf of the Committee on Fish, Oysters, and Game to whom had been referred Senate Substitute for House Sub,: stitute for House Bill No. 290, entitled:

959

An Act to amend Chapter 74 of the Revised Code of Dela,vare, 1935, entitled "Fish, Oysters and Game" relating to the License Fees for Non-Residents to fish in the ,vaters of Indian River, Rehoboth Bay, Assawoman Bay and its Tributaries.


ABNER WOODWARD, Chairman F. W. PEPPER WM. K. PENNINGTON RANDOLPH REYNOLDS JOHN W. RAMBO

Mr. 'vVoodward, on behalf of the Committee on Fish, Oysters and Game to whom had been referred Senate Substitute for House Bill No. 291, entitled:

An 'Act to amend Chapter 74 of the Revised Code of Delaware, 1935, entitled "Fish, Oysters and Game" relating to Nets used for Fishing, Size of Mesh, and use thereof in Tidal 'vVaters.


ABNER WOODWARD; Chairman F. W. PEPPER WM. K. PENNINGTON RANDOLPH REYNOLDS JOHN W. RAMBO

l\fr. Bierlin, on behalf of the Committee on Agriculture to whom &ad been referred House Substitute for House Bill No. 270, entitled:

An Act to provide for the designing, copyrighting and use of a Delaware State Quality Label.


GEORGE T. BIERLIN, Chairman WILLIAM BIGGS VERNER P. BURTON ABNER WOODWARD

Mr. Fifer on motion for leave introduced House Substitute for

960

House Bill No. 450, entitled:

An Act providing for the appointment of Constables in Kent County, stipulating their powers and duties.

,

\i\Thich was given first and second reading. The second by title only, and referred to the Committee on Judiciary and Crime.

On motion of Mr. Burton, Senate Substitute for House Bill No. 292; entitled:

An Act to amend Chapter 74 of the- Revised Code of Delaware, 1935, providing for the possession, sale and offering for sale of Hard and 'Peeler Crabs caught in Indian River and Rehoboth Bay or any of their Tributaries.

- \Vhich was taken up for consideration and read 111 order to pass the House.



YEAS-Messrs, Bailey, Barr, Benson, _Bierlin, Biggs, Brown, Buckingham, Burton, Canby, Draper, Fifer, Gordy, Hartman, Kellum, Leach, · Manlove, Moore, Newnam, Pennington, Penuel, Freel Pepper, F. \i\T. Pepper, Rambo, ~eynolds, Rhodes, Knight, A. G. Smith, Stein, Thawley, \i\T ooclward, Mr. Speaker-31.

NAYS-Messrs, Burris, Pinder, Staats-3.

So the question was decided in the affirmative and the bill having received the required constitutional majority, passed the House.

On motion of Mr. Freel Pepper, Senate Substitute for House Substitute for House Bill No. 290, entitled·:

An Act to amend Chapter 74 of the Revised Code of Delaware, 1935, entitled "Fish, Oysters and Game" relating to the License Fees for Non-Residents to fish in the \V_aters of Indian River, Rehoboth Bay, Assawoman Bay and its Tributaries.

961

\Vhich was taken tip for consideration and read 111 order to pass the House.


The yeas and nays ,vere ordered, which being taken were as follows:

YEAS-Messrs, Bailey, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Canby, Draper, Fifer, Gordy, Hartman, Kellum, Leach, l\1anlove, l\1oore, Newnam, Pennington, Penuel, Freel Pepper, F. W. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Stein, Thawley, ·wooclwarcl, Mr. Speaker-34.

NAYS-None.


On motion of Mr. Freel Pepper, Senate Substitute for House Bill No. 291, entitled:

An Act to amend Chapter 74 of the Revised Code of Delaware, 1935, entitled "Fish, Oysters and Game" relating to Nets used for Fishmg, Size of Mesh, and use thereof in Tidal Vv aters.

vVhich was taken up for consideration and read 111 ord~r to pass the House.



YEAS-Messrs, Bailey, Benson, Bierlin, Biggs, Brown, Buckingham, ·Burris, Burton, Canby, Draper, Fifer, Gordy, Hartman. Kellum, Leach, Manlove, Moore, Newnam, Pennington, Penuel, Freel Pepper, F. Vv. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Stein, Vv oodward, Mr. Speaker-33.

NAYS-Mr. Thawley-1.


%2

Mr. Benson moved that House Bills Nos. 448, 460, 461, be strickeq from the Calendar.

M?tion · prevailed.

!\fr. Benson moved that th,e House adjourn until 11 o'clock, A. M., Friday, April 21st, 1939 ..

Motion prevailed.

963

SEVliNTY-SL.'CONJJ LEGISLATIVE DAY

Dover, Delaware, April 21st, 1939, 11 o'clock, A. l\rL


Prayer by the Chaplain, Rev. 'Ninclsor.

Roll Called.

Members present-Bailey, Barr, Benson, Bierlin, Biggs,. Brown, Buckingham, Burris, Burton, Canby, Draper, Fifer, Gordy, Hartman, Kellum, Leach, Manlove, McGuigan, Moore; Newnam, Pennington, Penuel, Freel Pepper, F. W. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Stein, Thawley, Woodward, Mr. Speaker-35.

Clerk proceeded to read the Journal of the Previous Session when Mr. Canby moved so much be considered the reading of the Journal and the Journal be approved.

Motion prevailed.

On motion for leave, Mr. Canby introduced House Resolution No. 40, entitled:

Authorizing payments on account to attaches and employees of the House of Representatives.

Which was taken up for consideration and read 111 order· to pass the House.



YEAS-Messrs, Bailey, Barr, Bierlin, Biggs, Buckingham, Burris, Burton, Canby, Draper, Fifer, Gordy, Hartman, Kellum, Manlove, McGuigan, Moore, Newnam, Penuel, Freel Pepper, F:. 'vV. Pepper, Pin-

964

der, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Thawley, ,voodward, Mr. ~peaker-30.

NAYS-None.

So the question was decided ih the affirmative and the resolution having received the reqi.tired constitutional majority, passed the House.

l\fr. Buckingham, on behalf of the Committee on Passed Bills, reported to the House he had delivered to the Governor the following:

House Bill No. 282.

An Act to amend Chapter 150 .of the Re.vised Code of Delaware, 1935, entitled "Offenses Against Private Property," relating to the issuance of \i\T orthless Cheques for valuable consideration and providing a penalty.

House Bill No. 373.

An Act to amend Chapter 117 of the. Revised Code of Delaware, 1935, as amended by Chapter 206 of the Laws of Delaware, 1937, r.elating to settlement of Personal Estates, by adding a new Section to be known as Section 35A of Chapter 117 Revised Code of Delaware, 1935, defining the term "Principal" in accounting and distribution of Trust Funds.

House 'Bill No. 471.

An Act to Repeal all .of Chapter 206, Volume 41, Laws of Delaware, 1937, entitled "An Act to amend Chapter 117 of the Revised Code of Delaware, 1935, by adding a new Section. to be known as Section. 35A, defit~ing the term "Principal" in Accounting and Distribution of Trust Funds.

House Bill No. 472.

An Act to amend Chapter 117 of the Revised Code of Delaware, 1935, by defining the term "Principal" in Accounting and Distribution of Trust Funds ..

House Bill No. 473.

965

An Act to amend Chapter 98 of the Revised Code of Delaware, 1935, entitled ".Settlement of Personal Estates, Register of Wills" relating to acquittances from Guardian or Trustee; Form thereof; by providing for filing thereof with Register and prescribing how treated in account be-fore Register. ·

House Joint Resolution No. 10.

Requesting that Migratory Waterfowl Season open Noveri_1ber 1, 1939 instead of October 16, 1939.

Mr. Benson, on behalf of the Committee on Appropri?,tions to whom had been referred House Bill No. 316, entitled·:

·,.

An Act appropriating certain moneys for the Payment of Expenses of the Administrator appointed .under the Uniform Act for out-of-State Parole Supervision.


ELMER E. BENSON, ·chairman FRANK R. ZEBLEY GEORGE MANLOVE HENRY M. CANBY

Mr. Benson, on behalf of the Committee on Appropriations to whom had been referred Senate Substitute for House Bill No. 57, entitled:

Ah Act to a111end Chapter 71 of the Revised Code of Delaware, 1935, relating to Bonds for School Building Programs for Free Public Schools by providing for the authority to borrow money and issue Bonds, the amount, form and text of Bonds, the Payment and Maturity thered 'and the Redemption thereof.

· Reported the same back to the House favorably.

ELMER.E. BENSON, Chairman GEORGE MANLOVE HENRY M. CANBY

Mr. Zebley, 011 behalf of the Committee on Miscellaneous to wliom had been referred Senate Bill .No. 148, entitled:

966

An Act to amend Chapter 160 of the Revised Code of Delaware, 1935, relative to the Housing Authority Law by repealing the Authority to make l:,oans fron{ the General Fund of the State.


FRANK R. ZEBLEY, Chairman FRANK H. BUCKINGHAM ABNER WOODWARD NORMAN A. DRAPER

Mr. Manlove, on behalf of the Committee on Revised Statutes to whom had been referred House Substitute for House Bill No. 120, entitled:

An Act to amend Chapter 49 of the Revised Code of Delaware, 1935, relating to Coroners by further defining their duties as to the holding of inquests.


GEORGE MANLOVE, Clzairinan RANDOLPH REYNOLDS HENRY M: CANBY FRED PEPPER

Mr. Zebley, on behalf of the Committee on Miscellaneous to whom had been referred ,Senate Bill No. 180 with Senate Amendment No. 1, entitled:

An Act creating a State Bureau of Identification within the State Police.


FRANK R. ZEBLEY, Chairman FRANK H. BUCKINGHAM ABNER WOODWARD NORMAN A. DRAPER

1\fr. Benson moved that the House recess until the call of the Chair;

Motion prevailed.

Satne Day.

House inet at expiration of recess.

On motion of Mr. Zebley, Senate Substitute for House Bill No. 106, entitled ; .

. An Act authorizing the appointment of a commission to consider the feasibility of an appropriate crossing of the Delaware River.

Which was taken up for consideration and read in order to pass 1_the House.- ·

· Onthe question, "Shall the Bill pass the House?"


YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Bucking'ham, Burton, Canby, Draper, Kellum,· Leach, Manlove, Pennington, 'Penuel, Fred Pepper, F. W. Pepper, Reynolds, Rhodes, Knight, Wood·.ward, Mr; Speaker-21.

NAYS-'None.


Mr. Benson-moved that the House recess until 2 :15 o'clock, P. M.

Motion prevailed.

Same Day 2 :15 o'clock; P; "M.

House met at ex1)iration of recess.

. .


Senate Substitute for House Bill No; 106 as Amended.

Senate Sub,stitute for House Substitute for House Bill No. 290.

·968


Senate Substitute for House Bili No. 292.

Mr. Pepper moved that House Bill No. 160 be referred back to the Committee on Appropriations.

Motion prevailed.


Motion prevailed. ,

Same Day.


Mr. Draper, on behalf of the Committee on Education to whom had been referred House Bill No. 258, entitled:

An Act authorizing the appointment of a Commission to con1111emo• rate "Delaware Day;" Duties thereof.


NORMAN A. DRAPER, Chairman HENRY M. CANBY WILLIAM BIGGS EDWARD S. KNIGHT

. On motion of Mr. Fifer House Substitute for House Bill No. 270, entitled : ·

An Act . to provide for the designing, copyrighting and use of a Delawai-e State Quality Label.



969


YEAS--Messrs, Bailey, Barr,. Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Draper, Fifer, Hartman, Kellmn: Manlove, McGuigan, · Moore Newnam, Pennington, Penuel, Fred Pepper, F. W. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Stein, Thawley, '\iVoodward, Mr. Speaker-32.

NAYS~None.



On motion of Mr. Benson, House Concurrent Resolution No. 19, entitled:

Modifying Resolution in reference to New Business.

Was taken up for consideration and read a third time, by paragraphs, in order to pass the House.

On the question, "Shall the Resolution pass the House?"

Th,e yeas and nays were ordered, which being taken, were as follows :

YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burton,· Draper, Fifer, Kellum, Leach, Manlove, Pennington, Penuel, Fred Pepper, F. W. Pepper, Reynolds, Rhodes, ·Knight, '\iVoodward, Mr. Speaker-21.

NAYS-Messrs, Bailey, Burris, Gordy, Hartman, McGuigan, Moore, Newnam, Pinder, / Rambo, A. G. Smith, Staats, Stein; Thawley-13.

So the question was decided· in the affirmative and the resolution having received the required constitutional majority passed the House.

And was ordered to the Senate. for Concurrence.

On motion of Mr. Bierlin, House Substitute for House Bill No. 337,

970

entitled:

An Act to amend Chapter 71, of the Revised Code of Delaware, 1935, entitled "Free Public Schools" by providing Transportation for School Children under certain conditions not otherwise provided for.




YEAS-Messrs, Bailey, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Draper, Gordy, Hartman, Kellum, Leach, McGuigan, Moore, Newnam, Penuel, Fred Pepper, Pinder, Rambo1

Reynolds, Rhodes, Knight, A. G. Smith; Staats, Stein, Thawley, vVoodward-29.

NAYS-Mr. Speaker-1.

So the question: was decided in the affirmative and the bill having received the required constitutional majority, passed the House.


Mr. Benson moved that the House recess until the· call of the Chair.

Motion prevailed.

Same Day.



Senate Bill No. 58 with Amendment.




971






Mr. Brown moved that the House suspend all rules for April 21.

:Motion prevailed.

Mr. Pierce, Secretary of the Senate, being admitted,' informed the House that the Sei1ate had concurred in the· following :

House Bill No. 476, with Senate Amendment No. 1.

An Act to create a State Commission for the purpose of promoting the General Welfare of the citizens of the State of Delaware and making an appropriation thereto for the purpose of encouraging the Commemoration and observance of Memorial and Patriotic Holidays ; and for the Burial of Indigent Soldiers, Sailors and Marines.


Mr. Pierce, Secretary of the Senate, being admitted, informed the House that the Senate had passed ancf requested the concurrence of the Hous in the following :


An Act authorizing Motor Vehicle Commissioner· to make such Rules and Regulations as may be necessary and proper in order to conform to the Rules and· Regulations of the Interstate Commerce Commission and to establish a more Uniform Motor Vehicle Code and more Unifoi;m Traffic Rules and Regulations;

And presented the same to the ·House.

· Mr.' Pierce, Secretary of the Senate, being admitted, informed the

972


Senate Substitute for Senate Substitute for Senate Bill No. 14.

An Act relative to the Coroner of Sussex County; providing for Mileage necessarily travelled and Employment of· a Secretary.

And presented the same to the Honse,

Mr. Pierce, Secretary of the Se11ate, being admitted, informed the House that the Senate had concurred in the following :

House Concurrent Resolution No. 19.




House Bill No. 134,.

An Act to appropriate the smn of Nine Hundred and SeventyThree Dollars and Eighty-Seven Cents to Pure Oil Company to. reimburse it for penalty paid to the State of Delaware in Motor Fuel Taxes.

And returned the same to the . House.


House Bill No. 50.

An Act to amend Chapter 72 of the Revised Code of Delaware, 1935, prohibiting the Sale of Alq:,holic Liquors to Students of the University of Delaware by repealing same.


Mr. Pierce, Secretary of the Senate, being admitted, informed the

973

House that the Senate had concurred in the following:

House Bill No. 477.

An Act appropriating money out of the State Treasury for the payment of claim of Calvin G. McKay against the State.


Mr. Pierce, Secretary of the Senate, being admitted, informed the House that the Senate had concurred in ·the following:


An Act authorizing the State of Delaware to borrow moneys from the State School Fund and Funds allocated to the State Highway Department for use of the General Fund.

And returned the same to the House. \


House Substitute for House Bill No. 132 with House Amendment No. 1.

An Act appropriating money out of the ·State Treasury for the payment of the claim of Reuben Paris against the State.


Mr. Pierce, Secretary of the Senate, being admitted, inforn7ed the House that the Senate had concurred in the following :


An Act making an appropriation to the State · Military Board for the purpose of 1_naking necessary repairs on State Owned Armories 'located at Dover, Laurel, Newark and New Castle, Delaware. ·

And .returned the same to the House.

Mr. Pierce, Secretary ,of the Senate, being admitted, informed the

974

House that the Senate had concurred in the following:-

House Bill No. 151.

An Act to amend Chapter 176 of the Revised Code of Delaware, 1935 in reference to Tariff of Licenses, for the Sale of Alcoholic Liquo-rs, ' , \Vines and Beer.


Mr. Zebley, on behalf of the Committee on Claims to whom had been referred Senate Bill No. 164, entitled:

An Act appropriating certain moneys to Major James vV. Cannon to pay claim against the State of Delaware:


FRANK R. ZEBLEY, Chairman ELMER E. BENSON GEORGE MANLOVE FRANK H. BUCKINGHAM

Mr. Buckingham, on behalf of the Committee 011 Passed Bills, reported as approved by the Governor, the following:

House Bill No. 475-, Approved April 20, 1939.

House Substitute for House Bill No. 221, Approved April 21, 1939.

Mr. Freel Pepper, on motion for leave introduced House Substitute for Senate Bill No. 308, entitled:

An Act authorizing and empowering the State Highway Department to sell certain Public Lands to any person, Association or group of Persons who have erected thereon a Building or Buildings; State Highway Department to convey l,_mds to a Trustee if deemed advisable; method of determining a reasonable Price for said Lands.

Which was given first and second reading.. The second by title only, and referred to the Committee on Miscellaneous.

975

Mr. Zebley, 0,1 behalf of the Committee on Miscellaneous to whom had been referred House.Substitute for Senate Bill No. 308, entitled:_

An Act authorizing and empowering the State Highway Department to sell certain Public Lands to any Person, Association or group of Persons who have erected thereon a Building or Build.ings; State Highway Departmetit to convey Lands to a Trustee if deemed advisable; method of determining a reasonable Price for said Lands.


FRANK R. ZEBLEY, Chairman ABNER WOODWARD NORMAN A. DRAPER FRANK H. BUCKINGHAM

Mr. Benson on motion for leave introduced House Bill No. 478, entitled:

An Act authorizing the State Highway Department to purchase certain Highway Improvement Bonds and State Aid Bonds issued by the Levy Courts of New Castle, Kent and Sussex Counties and maturing during the fiscal year ending June 30, 1941.

Which was given first and second reading. The second by title only, and .referred to the Committee on Miscellaneous.

Mr. Zebley, on behalf of the Committee on Miscellaneous to whom had been referred House Bill No. 478, entitled:

An Act authorizing the State Highway Department to purchase certain Highway Improvement Bonds and State Aid Bonds issued by the Levy Courts of New Castle, Kent and Sussex Counties and maturing during the fiscal year ending June 30, 1941.



976


House Bill No. 470.

An· Act to amend Chapter 133 of the Revised Code of Delaware,. 1935, relating to Executions with reference to \i\Trits of Possession.


Mr. Pierce, Secretary of the Senate, being admitted, informed the House that the Senate had passed and requested the concurrence of the House in the followii1g:


An Act authorizing the use of Prisoners on Mosquito Control vVork under the General Supervision of the Mosquito Control Commission; providing for Guards; appropriation of Five Thousand Dollars to cover cost of transportation and other necessary expenses.

I




An Act to provide for the Protection from Erosion of the Beach Front of the Atlantic Ocean from the Maryland and Delaware Boundary Line to the Point of Cape Henlopen.


On motion of Mr. Benson, House Bill No. 478, entitled:

An Act authorizing the. State Highway Department to purchase certain Highway Improvement Bonds and State Aid Bonds issued by the Levy Courts of New Castle, Rent and Sussex Counties and maturing during the fiscal year ending June 30, 1941. ·

977

\Vhich was taken up for consideration and read 111 order to pass the House.



YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burton, Draper, Fifer, Kellum, Leach, Manlove, Pennington, Penuel, Fred Pepper, F. Vv. Pepper, Reynolds, Rhodes, Knight, ·woodward, 1\fr. Speaker-21.

NAYS-Messrs, Bailey, Burris, Gordy, Hartman, McGuigan, Moore} Newnam, Pinder, Rambo, A. G. Smith, Staats, Thawley-12.




Senate Bill No. 43 with Senate Amendment No. 1.

On motion of Mr. Benson, .House Concurrent Resolution No. 20, entitled:


\i\Tas taken up for consideration and read a third time, by paragraphs, in order to pass the House.



YEAS-Messrs, Bailey, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Canby, Draper, Fifer, Gordy, Hartman, Kellum, Leach, Manlove, McGuigan, Moore, Pennington, Penuel, F. W. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, Stein \iVoodward, Mr. Speaker-30.

978

NAYS-Messrs, Newnam,-A. G. Smith, Staats; Thawley--4.

So the question was decided in the affirmative and the resolution having received the required constitutional majority passed the House.



.-· Senate Substitute for Senate Bill No. 281.

An Act to amend Chapter 43 of the Revised Code of Delaware, 1935, by authorizing the Levy Courts of the various Counties to appropriate County monies to the various Fire Companies of each County for maintenance of ambulance service.



House Bill No. 299 with House Amendment No. 1.

An Act to authorize the Levy Court of New Castle County to appropriate money to regularly organized and motorized Fire Companies in New Castle County, outside of the City of \i\Tilmington.


The Chair presented House Bill No. 476 with Senate Amendment No. 1, entitled :

An Act. to create a State Commission fo1' the purpose of promoting the General \i\T elfare of the citizens of the State of Delaware and making an appropriation thereto for the purpose of encouraging the Commemoration and observance of Memorial and Patriotic Holidays; and for the Burial of Indigent Soldiers, Sailors and Marines.

While was given first and second reading, the second by title only, and referred to the Committee on Corporations Municipal.

979

On motion for leave, Mr. Benson introduced House Resolution No. 41, entitled: · ·

Appropriating certain Money out of the State Treasury to pay cer·tain expenses of the House of Representatives of the State of Delaware connected with the present session thereof.

BE IT RESOLVED, By the House of Representatives of the State of Delaware, that the following amounts be and the same are hereby appropriated out of any money in the State Treasury for the payment of certain expenses connected with the present Session ther.eof, and the State Treasurer is hereby authorized, fully empowered and directed to pay to the respective claimants hereinafter named the respective sums set opposite their respective names, viz :

Hugh A. George Co ......................................................... $294.85

The Diamond State Telephone Company ...................... 488.72

George G. Richardson ....... : ................................ ,............. 2.00

Joseph H. Franzen Co .............•....................................... 175.00

Delaware Locksmith Co. . ................................................ .

The Victor Lynn Transportation Co ............................ .

Walter T. _Massey ............................................................. ,

Masten Trucking Co., Inc .... , ............................................ .

Pleasant .Inn ....................................................................... .

,vilmington Country Club ............................................... .

25.00

.40

8.42

.96

36.50

95.00

Remington Rand, Inc ......................................................... 152.50

vVhich was taken up for consideration and read in order to pass . the House.


The Yeas and Nays were ordered, which being taken were as follows:

YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burton, Draper, Fifer, ·Hartman, Kellum, Leach, Manlove, Moore, Pennington, Penuel, Freel Pepper, F. vV. Pepper, Reynolds, Rhodes, Knight, Woodward, Mr. Speaker-23.

NAYS-None.

980'

So the question \\-:as decided in the affirmative and the resolution having received the required constitutional majority, passed the. House.

On n)otion for leave, Mr; Benson introduced House Resolution No. 42, .entitled:

Appropriating Money out of the State Treasury to pay certain expenses connected with the Biennial Session of the One Hundred and Seventh General Assembly.

. . ' BE IT-RESOLVED, By the House of Representatives of.the·One

Hundred and Seventh General Assembly of. the State of Delaware:

That the following amounts be and the same are her~by appropriated ~mt of any money in the State Treasury for the payment of certain expenses comiected with the Present Session of the House of Representatives of the One Huiidred and Seventh General Assembly of the

· State of Delaware, which said expenses are hereby declared to he proper and reasonable expenses actually incurred by the respective members of the House of Representatives for traveling expenses, commonly called· mileage expenses, in traveling from their respective homes to Dover and · in returning from Dover to their respective homes, in the performance of their duties as members of the House of Represe1i.t~tives, during the

· present Legislative Session. thereof, and the Audito·r of Accounts is. hereby authorized and fully empowered and directed to approve and properly execute warrants for, and the State Treasurer is hereby authorized and fully empowered and directed.to pay to the respective me_mbers of the House of Representatives hereinafter named, the. respective amounts set opposite their respective names, viz:

Frank R. Zebley, Speaker .··: .............. : .............................. $132.00 Elwood S. Leach ................... · .......... : ................................... 132.00

· Henry M. Canby : ............... , ......................................... : ..... 132.00 Fred .Brown .... , ......... · .......................................................... 132.00 James C. McGuigari .......................................................... 132.00 Thomas A. Kellum ............................................................ 148.80

.. Abner-Woodwar:d· ......................................... : .................... 120.00 Frank H. Buckingham ............................ , .......................... 112.80 George W. Rhodes ...... ,.:: ....... : .... ' ..... ,, ................. ,, .. ,......... 98.40

· Richard E. Pinder, Sr ............ :: ..... :.:·,,. ........... :: .. , ..... , .. , ..... ' ... 108.00 George T. Bierlin ......... , .................................... _ ................ 103.20 William K. Pennington ......................................... : .. ::.,.: .... 96:00

981

Harvey E. Moore ............. : ............................................ . Randolph P. Reynolds ..................................................... . Herman A. Staats ..................................................... , ....... . Joseph S. Newnam ........................................................... . Isaac M. Burris ................................................................. . John W. Rambo ............................................................... . John A. Hartman ....... , ..................................................... . Charles F. Fifer ...................................................... , .......... . Allen G. Smith ................................ · .................................. . Fred S. Bailey ................................................................... . Willia111 Biggs ................................................................... . Edward Knight ................................................................. . George Manlove ............................................................... . Norman A. Draper .. : ........................................................ . Samuel J. Stein ................................ : ............................... .. Frank W. Thawley .......................................................... .. Reese 0. Gordy ................................................................. . Manford Penuel ............................................................... . Fred Pepper .............................................. , ...................... . Verner P. Burton ............................................................ .. John L. Barr ..................................................................... . Fred W. Pepper .............................................................. ..

74.40 50.40 38.40 28.80 12.00 31.20 28:80 14.40 28.80 40.80 60.00 14.40 48.00 74.40 96.00

112.80 115.20 124.80 134.40 1.29.60 84.00 78.00

· Which was taken up for consideration and read in order to pass the House.

· On the question "Shall the Resolution Pass the House?"


YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Draper, Fifer, Gordy, Hartman, Kellum, Leach, Manlove, McGuigan, Moore, Pennington, Penuel, Freel Pepper, F. W. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Stein, Thawley, Woodward, Mr. Speaker-31.

NAYS-None.

So the question was decided in the affirmative and the resolution having received the required constitutional majority, passed the House.

Mr. Brown, on behalf of the Committee on Corporotions Municipal

982

to whom had been referred House Bill No. 476, entitled:

An Act to create a State Commission for the purpose of promoting the General vVelfare of the citizens of the State of Delaware and making an appropriation thereto for the purpose of encouraging the Commemoration and observance of Memorial and Patriotic Holidays; and for the Burial of Indigent Soldiers, Sailors and Marines.


FRED BROWN, Chairman NORMAN A. DRAPER WM. K. PENNNGTON

On motion of Mr. Brown, House Bill No. 476, with Senate Amendment No. 1, entitled:

An Act to.create a State Commission for the purpose of promoting the General \i\T elfare of the citizens .of the State of Delaware and making an appropriation thereto for the purpose of encouraging the Commemoration and observance of Memorial and Patriotic Holidays; and for the Burial of Indigent Soldiers, Sailors and Marines.

\i\Thich was taken up for consideration and read 111 order tu pass the House.

On the question "Shall the Bill as Amended Pass the House?"


YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burton, Draper, Fifer, Kellum, Leach, Manlove, Pennington, Penuel, Fred Pepper, F. W. Pepper, Reynolds, Rhodes, Knight, vVoodward, Mr. Speaker-21.

NAYS-Messrs, Burris, Gordy, Harttnan, McGuigan, Moore, Newnam, Pinder, Rambo, A. G. Smith, Staats, Stein, Thawley-12.

So the question was decided in the affirmative and the bill as amended having received the required constitutional majority, passed the, House.


983

Mr. Pierce, Secretary of the Senate, being admitted, informed the House that the Senate had passed and requested the concurrence of the House in the foHowing: ' ·

Senate Concurrent Resolution No. 22.

Relative to Adjournment from April 21, 1939, to May 2, 1939.


'Ne, the undersigned, in accordance with Rule No. 28, do hereby request that Senate Bill No. 69, entitled "Ari Act to facilitate the Cooperation of the State of Delaware with other Units of Government and to establish an Unpaid Commission for that purpose" be reported out of the Miscellaneous Committee so that same may have the action of the House.

GEORGE W. RHODES ABNER WOODWARD WILLIAM BIGGS GEORGE T. BIER.LIN FRANK H. BUCKINGHAM WM. K. PENNINGTON ELLWOOD S. LEACH FRED BROWN RANDOLPH REYNOLDS EDW. S. KNIGHT MANFORD PENUEL JOHN L. BARR J. CARL McGUIGAN ELMER E. BENSON THOMAS A. KELLUM VERNER P. BURTON C. FRED FIFER F. W. PEPPER

On motion of Mr. Zebley, Senate Concurrent Resolution No. 22, entitled:

Relative to adjournment from April 21, 1939, to May 2, 1939.


984

. On the questi011, "Shall the Resolution pass the H~use ?"

TJ1e yeas and nays were ordered, which being taken, were as follows :

YEAS-Messrs, Bailey, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Draper, Fifer, Gordy, Hartman, Kelluni., Leach, Manlove, McGuigan, Moore, Newnam, Pennington, Penuel, Fred Pepper, F. W. Pepper, Pinder, Rambo, Reynolds, _Rhodes, Knight, A. G. Smith, Staats, Stein, Thawley, Woodward, Mr. Speaker-34.

NAYS-None.

So the question was decided in the affirmative and the resolution having received the· required constitutional majority passed the House.



House Bill No. 50.

House Bill No. 134.

House Bill No. 151.

House· Substitute for House Bill No. 394.


House B1ll. No. 470.

House Bill No. 477.


The Chair presented Senate Substitute 'for Senate Bill No. 162, entitled:

An Act to provide for the protection from Erosion of the Beach Front oi,posite the City of Rehoboth Beach, Sussex County, Delaware.

Whkh was given first and se1:ond r.eading, the second by title only, and referred to the · Committee on Miscellaneous.

985

The Chair presenteg. . Senate Substitute for Senate Bill No. 281, entitled:

An Act to amend Chapter 43 of the Revised Code of Delaware, 1935, by authorizing the Levy Courts of the various Counties to appropriate County mo1Jies to the various Fire Companies of each County for maintenance of ambulance service.

Which was given first and second reading, the second by title only,· and referred to the Committee. on Miscellaneous.

The Chair presented Senate Substitute for Senate .Bill· No. 302, entitled:

An Act authorizing Motor Vehicle Commissioner to make such Rules and Regulations as may be necessary and' proper in order to conform to the Rules and Regulations of the Interstate Commerce Commission and to establish a more Uniform Motor Vehicle Code and more Uniform Traffic Rules and Regulations.

Which was given first and second reading, the second by title only, and referred to the Committee on Miscellaneous.

The .Chair presented Senate Substitute for Senate Substitute for Senate BiU No. 14, entitled :

An Act relative to the Coroner of Sussex County : Providing for . Mileage necessarily 'travelled and increasing amou11t allowed for Jurors.

Which was given first and second reading, the second by title only, and referred to the Committee on Miscellaneous.·

, The Chair presented Senate Substitute for Senate Bill No. 210, entitled:

An Act authorizing the use of Prisoners on Mosquito Control vVork under the General Supervision of the Mosquito Control Commission; providing for Guards ; appropriati~n of Five Thousand Dollars to cover cost of transportation and other necessary expenses ..

Which was given first and second reading, the second by title only, and referr~d to the Committee on Miscellaneous. ·

986

On motion of Mr. Brown, Senate Bill No. 57, entitled:

An Act to repeal Article 12 of Chapter 70 of the Revised Code of Delaware, 1935, relating to the Delaware ·commission for the FeebleMinded, and to enact a new Article in lieu thereof establishing a Commission for the Mentally Deficient.

Vihich was taken up for consideration and re.ad 111 order to pass the House.

Mr. Brown offered House Amendment No. 1, to Senate Bill No. 57.

"Which was taken up for consideration and read in order to pass the House.

Mr. Brown moved House Amendment be adopted.

Mr. Benson seconded motion.

On the question, "Shall the Amendment Pass the House?"


YEAS-Messrs, Bailey, Barr., Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Draper, Fifer, Gordy, Hartman, Kellum, Leach, Manlove, McGuigan, Moore, Newman, Pennington, Penuel, Freel Pepper, F. vV. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Stein, ·woodward, Mr. Speaker-33.

NAYS-M1'.Thawley-l.

So the question was decided in the affirmative and the Amendment having received the req11irecl constitutional majority, passed the House.

On the question, "Shall the Bill as Amended pass the House?"


YEAS-Messrs, Bailey, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Draper, Fifer, Gordy, Hartman, Kell1.m1,

987

Leach, Manlove, McGuigan, Moore, Pennington, Penuel, Fred Pepper, F. W. Pepper, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Stein, Woodward, Mr. Speaker-31.

NAYS-Messrs, Pinder, Thawley-2.

So the· question was decided in the affirmative and the bill as amended having received the required constitutional majority passed the House.


On motion of Mr. Brown, Senate Substih1te for, Senate Bill No. 3, entitled:

An Act to amend Chapter 116 of the 1935 Revised Code of the State of Delaware as amended relative to the Jurisdiction and Powers of the Juvenile Court of ·Kent and Sussex Counties ..

Which was taken up for consideration and. read 111 order to pass the House.


The Yeas and Nays were ordered, which being taken were. as follows:

YEAS-Messrs, Bailey, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Draper, Fifer, Gordy, Hartman, Kellum, Leach, Manlove, McGuigan, Moore, Pennington, Penuel, Freel Pepper, F, W. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Stein, Thawley, Woodward, Mr. Speaker-32.

NAYS-Messrs, Newnam, Staats-2.



On motion of Mr. Rhodes, Senate Bill No. 69, entitled:

An Act to faciEtate the Cooperation of the State of Delaware with

/

988

other Units of Government and tci establish an Unpaid Commission for that purpose.

vVhich was taken. up for consideration and read 111 order to pass . the · House.

On the question, "Shall the ~,ill pass the House?"

The Yeas and Nays were ordered, which bei11g taken were as follows:

YEAS-Messrs, Bailey, Barr, Benson, Bierlin, Biggs, Brown, Buckingham; Burris, Burton, Gordy, Hartman, Kellm;n, Leach, McGuigan, Moore, Newnam, Pennington, Penuel, Fred· Pepper, F. W. Pepper, Pinder, . Rambo, Reynolds, Rhodes, Knight, Staats, Stein, Thawley, \Voodward-29.

NAYS-Messrs, Draper, Mr. Speaker-2.

So the question was decided in the affirmative and the bill having received the required constitutional· majority passed the House.

· And was ordered returned to the Senate.


An Act to amend Chapter 160 of the Revised Code of. Delaware, 1935, relative to the Housing Authority Law by repealing the Authority to make Loans from the General fund of 'the State. -


On the question, "Shall the Bill pass. the House?"


YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burton, Draper, Fifer, Kellum, Leach, Man'love, Pennington, Penuel, Fred Pepper, F. W. Pepper, Reynolds, Rhodes, Knight, Woodward, Mr. Speaker-'--21.

989

NAYS-,-Messrs, Bailey, Burris, Gordy, Hartman, McGuigan, Moore, Newnam,. Pinder, Rambo, A. G. Smith, Staats, Stein, Thawley-13.

So the question was decided in the affirmative. and the bill having received the required constitutional majority passed the Honse.


On motion of Mr. Penningt01i: House Substitute for House Bill No. 120, entitled:

An Act to amend Chapter 49 of the Revised Code to Dela,vare, 1935, relating to Coroners by further defining their duties as to the holding of inquests.

Vlhich was taken up for consideration and read 111 order to pass the House.

On the question, "Shall the Bill pass the House}"


YEAS.-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Draper, Fifer, Kellum, 'Leach, Manlove, Moore, Pennington, Penuel, Fred Pepper, F. VI/. Pepper, Reynolds, Rhodes,' Knight, \V ood,varcl, Mr. Speaker-23.

NAYS-'--Messrs, McGuigan, Pi_nder, Rambo, A. G. Smith, Staats, Thawley-6.

So the question was decided in the affirmative and the bill having· received the required c6nstitutionahnajority, passed the House.


' On motion of Mt\ Brown, Senate Bill No. 164, entitled:

An Act appropriating certain moneys to Major James Vv-. Cannon Jo pay claim against the State of Delaware.

990

v\Thich was taken up for consideration ~!{d read 111 order to pass the Ho11se.



YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Buckingha1p, Burris, Burton, Draper, Fifer, Kellum, Leach, Manlove, McGuigan, M~ore, Penuel, Freel Pepper, F. \!f. Pepper, Rambo, Reynolds, Knight, Stein, \i\T oodwarcl, Mr. Speaker-24. ' ·,

NAYS-Messrs, Staats, Thawley-2. I



011 motion of Mr. Brmvn, Se11ate Bill No. 180, with Senate Amendment No. 1, entitled: ·

An Act creating a State Bureau. of Identification within the State Police.

\i\Thich was taken up for consideration and read 111 order to pass . the Bouse.

On the question, "Shall the Bill pass the House,?"

The Yeas and Nays were ordered, which being taken '-'.ere as follows:

YEAS.:._Messrs,Barr, Benson, Bierlin, Brown, Buckingham, Burton, Draper, Fifer, Kellum, Manlove, Penuel, Freel Pepper, Rey11olds, Rhodes, Knight, Stein, \i\T oodward, Mr. Speaker-18.

NAYS-Messrs, Bailey, Biggs, Burris, Gordy, McGuigan, Moore, Newnam, F. \i\T. Pepper, Pinder, Rambo, A. G. Smith, Staats-12.

So the question was decided in the affirmative and the bill having recei':'ecl the required constitutional majority passed th~ House ..

991

_-\ncl was ordered returned to the Senate.


House Bill No. 299 as Amended.



On motion of l\ifr. Kellum, Senate Bill No. 181, entitled:

An Act authorizing and directing State Highway Department to ~onstruct at its own co·st a Drainage Sewer along right of way of State Highway through Unincorporated Town or Development kno,vn as Stockdale. ,

'\i\Thich was taken up fo_r consideration and read 111 order to pass the House.



YEAS-Messrs, Baiiey, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Draper, Fifer, Gordy, Kellum, Leach, Manlove, McGuigan, Moore, Newnam, Pennington, Penuel, Fred Pepper, F. \i\T. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Stein, Thawley, Woodward, Mr. Speaker__:32.

NAYS-None.

So the question was decided in the ,affirmative and the biU having received the required constitutional majority passed the House.

And was ordered returned to the Sena:te.


Motion prevailed.

Same Day.

992


Mr. Benson, on behalf of the-Committee on Appropriations to whom had been referred Senate Substitute for Senate Bill No. 72, entitled:

An Act providing for the payment of a po1:tion -of the costs by the State Highway Department of the dredging of the channel of Indian River.


ELMER E. BENSON, Chairman FRANK R. ZEBLEY GEORGE MANLOVE

Mr. Zebley, on behalf of the Committee on Claims to ,,vhom had been referred Senate Bill No. 132, entitled:

An Act appropriating Certain Moneys to Harvey B. Biggs to pay Claim against the State of Delaware.


FRANK R. ZEBLEY, Chairman FRANK H. BUCKINGHAM GEORGE MANLOVE ELMER E. BENSON

On motion of Mr. Draper, Senate Substitute for Senate Bill No. 72, entitled:

An Act providing for the payment of a portion of the costs by the State Highway Department of the dredging of the channel of Indian River.




.993

YEAS-Messrs, Bailey,. Barr, Benson, Bierlin, Biggs, Brown, Buckingha111, Burris, Burton, Draper, Fifer, Gordy, Kellum, Leach, Manlove, McGuigan, Moore, Pennington, Penuel, Fred Pepper, F. W. Pepper, Rambo, Reynolds, Knight, Mr.· Speaker-25.

NAYS-Messrs, Hartman, Newnam, Pincler, Rhodes, A.G. Smith, 1Staats, Stein, Thawley, v\Toodward-9. · '

So the question was decided in the affirmative and the bill having received-the required_ constitutional majority passed the House.


Mr. Pierce, Secretary of the Senate, being admitted; informed the House that. the Senate had concurred in the following:

Senate Substitute for House Substitute for House Bilf No. 219 as Amended.

An Act to amend Chapter 176 of the Revised Code of Delaware, 1935, relating to the sale of Alcoholic Liquor m Pharmacies or Drug Stores for Medical purposes only. ,



House Substitute for House Substitute £Jr House BiU No. 224. with House Amendinent No. 1, and Senat,e Amendments Nos. 1 and 2.

_, /

An Acf to amend An Act en ti tied "An Act to amend Chapter 6 of the RevisedCode of the State of Delaware of 1935, relating to Occupational Licenses," being' Chapter 14, Volume 41, Laws of Delaware, 1937, relating to Qccupational Licenses.

And returned the same to the House . . ;;. .

Mr. Pierce, Secretary of the Senate, being admitted, informed the House that the · Senate had co.ncurred _ in the follo~ing :

House Concurrent Res0Ii1tion No. 20.

994

Modifying Resolution in Referenc~ to New Business.

And returned the same to the House .

. Mr. Pierce, Secretary of the Senate, being admitted, informed the House that the Senate had concurred in the following:

House Bill No. 176.

An Act to amend Chapter 74 of the Revised Code of Delaware, 1935, relating to Fish, Oysters and Game, by prohibiting the Board of Game and Fish Commissioners from purchasing culls or seconds'; by requiring said Board to give preference to animals, birds and fish raised in Delaware; and by permitting said Board to use its discretion ·in the distribution of rabbits, quail and pheasants.




An Act to amend Chapter 71 of the Revised Code of Delaware, 1935, by providing full term electric lighting and power expe~se for all Free Public Schools within the State.



House Bill No. 179.

An Act to amend Chapter 7 4 of the Revised Code of Delaware, 1935, relating to fish, oysters and game, by providing "for the' free distribution of the annual report of the Board of Game and Fish Commissioners and by requiring a bond to be given by persons authorized to sell hunting and fishing licenses.

And· returned the same to the House.

On motion of Mr. Benson, Senate Bill No. 132, entitled:

995

An Act appropriating Certain Moneys to Harvey B. Riggs to pay tlaim against the State of Delaware.

Which was taken up for consideration and read 111 order to pass !he. House.



YEAS-Messrs, Bailey, Barr, Benson, Bierlin, Biggs, Brown:, ~uckingham, Burris, Burton, Draper, Fifer, Gordy, Hartman, Kellum, ,_each, Manlove, McGuigan, Moore, Newnam, Pennington, Penuel, Fred Pepper, F. W. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A; 'Smith, Staats, Stein, vVoodward, Mr. Speaker-33 ..

NAYS-Mr. Thawley~l.



The Chair presented House Substitute for House Substitute for House Bill No. 224, with Senate Amendment No. 1, entitled:

An Act to amend An Act entitled "An Act to amend Chapter 6 of the Revised Code of the State of Delaware of 1935, relating to Occupational Licenses," being Chapter 14, Volume 41, Laws of Delaware, 1937,-relating to Occupational Licenses.

I

Which was given first and second reading, the second by title only, and referred to the Committee on Miscellaneous. ·,

Mr. Zebley, on behalf of the Committee on Miscellaneous to whom had been referred House Substitute for House Substitute for House Bill No. ·224, entitled:

An Act to amend An Act entitled "An Act to amend Chapter 6 of the Revised Code of the State of Delaware of 1935 relating to Occupational Licenses," being Chapter 14, Volume 41, Laws of Delaware,

9%

1937, relating to Occupational License:o.


FRANK R. ZEBLEY, Chairman ABNER WOODWARD FRANK H. BUCKINGHAl\T NORMAN A. DRAPER

l\fr. Benson on motion for leave introduced House Joint Resolution No. 12, entitled:

Appropriating certain Moneys out of the State Treasury to pay certain Claims against the· State, relating to Expenses incurred by the Court of Chancery.

\i\Thich was given first and second reading. The· second by title 011ly, and referred to the Committee on Miscellaneous.

Mr. Benson on motion for leave introduced House Joint Resolu 0

tion No. 13, entitled:

. .

Appropriating certain· Moneys out of the State Treasury to pay certain Claims against the State, relating to Expenses incurred by the Supreme Court.

' vVhich was given first and second reading.·. The second by title

only, and referred to the Committee on Miscellaneous.

On motion of Mr. Brown, Senate Substitute for Senate Bill No. 281, entitled:

An Act to amend Chapter 43 of the Revised. Code of Delaware, 1935, by authorizing the Levy Courts of the various Coimties to appropriate County monles to the various Fire Companies of each County for maintenance of a111bulance service.


On the question,. "Shall the Bill pass the House?"

997


YEAS_:_Messrs, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burton, Draper, Fifer, Hartman, Kellum, Leach, Manlove, i'v1oore, Pennington, Penuel, Freel Pepper, F. W. Pepper, Reynolds, Rhodes, Knight, A. G. Smith, Stein, Woodward, Mr. Speaker~25.

NAYS-:-Mr. Thawley-1.

So the question was decided in the affirmative and the bill having received the required constitutional. majority passed the House.

And was ordered returned to the 'Senate.

Mr. Zebley, on behalf of the Committee on Miscellaneous to whom had been referred House Joint Resolution No. 12, entitled:

Appropriating certain Moneys out of the State_ Treasury to pay certain Claims against the State; relating to ,:Expenses incurred by the Court of Chancery.


FRANK R., ZEBLEY, Chairman ABNER WOODWARD FRANK H. BUCKINGHAM NORMAN A. DRAPER

On moti~n of Mr. Benson, House Joint Resolution No. 12, entitled:

Appropriating certain Moneys out of the State Treasury to pay; certain Claims against the State, relating to Expenses incurred by the Court of Chancery.

'vVas taken up for consideration and read a third time,· by paragraphs, in order to pass the House.

On the question, "Shall the Resolution pass the House?" ·


998

YEAS-Messrs, Bailey, Barr, Benson, Bierlin, Biggs, Brown, Bi:ickingham, Burris, Burton, Draper, Fifer, Gordy, 'Hartman, Kellum, Leach, Manlove, McGuigan, Moore, Newnam, Pennington, Penuel, Fred Pepper, F. 'vV. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Stein, 'vVoodward, Mr. Speaker-33.

NAYS-Mr. Thawley-1.



Mr. Zebley, on behalf of the Committee on Miscellaneous to whom had been referred House Joint Resolution Nb. 13, entitled:

Appropriating certain Moneys out of the State Treasury to pay certain Claims against the State, relating to Expenses incurred by the Supreme Court.

Reported the same back to tl1e House favorably.

-'

FRANK R. ZEBLEY, Chairman ABNER WOODWARD FRANK H. BUCKINGHAM NORMAN A. DRAPER

On motion of Mr. Benson, House Joint Resolution No. 13, entitled:

Appropriating certain Moneys out of the State Treasury to pay certain Claims against the State, relating to Expenses incurred by the Supreme Court.



The Yeas and Nays were ordered,' which being taken were as follows:

YEAS-Messrs, Bailey, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Draper, Fifer, Gordy, Hartman, Kellum,

999

Leach, Manlove, McGuigan, Moore, Newnam, Pennington, Penuel, Fred Pepper, F. vV. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Stein, Woodward, Mr. Speaker_____:33.

NAYS-Mr. Thawley-1.



The Chair ,presented Senate Substitute for House Substitute for' House Bill No. 219, entitled:

An Act to amend Chapter 176 of the Revised Code of Delaware, 1935, relating to the Sale of Alcoholic Liquor in Pharmacies or Drug Stores for Medical purposes orily.

Which was given first and second reading, the second by title only, and refer'red to the Committee on Miscellaneous.


An Act authorizing the Levy Court of Kent County to appropriate County monies to David C. Harrison Post No. 14, Inc., American Legion, for the Maintenance of Ambulance.


On the question, "Shall .the Bill pass the House?"

The Yeas and Nays were ordered, which being taken were as follows: ,

YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burton, Draper, Fifer, Kellum, Leach, Manlove, Moore, Pennington, Penuel, Fred Pepper, F. W. Pepper, Reynolds, Rhodes, Knight, Woodward, Mr. Speaker-22.

NAYS-Messrs, Gordy, Hartman, Pinder, A. G. Smith, Staats, Thawley-6.

1000

So the question was decided in the affirmative arid the bill having received the required constitutional majority passed the House.


Mr. Zebley, on behalf of the Committee on Miscellaneous to whom had been referred Senate Substitute for House Stibstitt1te for House Bin No. 219, entitled:

An Act to amend Chapter 176 of the Revised Code of Delaware, 1935, relating to the sale of Alcoholic Liquor in. Pharmacies or Drug Stores for Medical purposes orily.


FRANK R. ZEBLEY, Clzafrman ABNER WOODWARD FRANK H. BUCKINGHAM NORMAN A. DRAPER

On ·motion of Mr. Brown, Senate Bill No. 316, entitled:

An Act appropriating certain moneys for the Payment of Expenses of the Administration appointed under the Uniform Act for out-of-State Parole Supervision.

\Vhich was taken up for consideration and read 111 order to pass the House.



YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burton, Draper, Kellum, Leach, Manlove, lVIcGuigan, Moore, Pennington, Penuel, Fred Pepper, F. W. Pepper, Reynolds, Rhodes, Knight, Woodward, Mr. Speaker-22.

NAYS-Messrs, Staats, Thawley-2.

So the question was decided in the affirmative and tHe bill having received the required constitutional majority passed the House ..

1001



House Bill No. 478.

An Act authorizing the State Highway Department to purchase certain Highway Improvement Bonds and State Aid Bonds issued by the Levy CotJrts of New Castle, Kent and Sussex Counties and matur-ing during the fiscal year ending June 30, 1941. ·


On motion of Mr. Brown, House Substitute for House Substitute for House Bill No. 224, with Senate Amendments Nos. 1 and 2, entitled:

An Act to amend An Act entitled "An Act to amend Chapter 6 of the Revised Code of the State of Delaware of 1935 relating to Occupational Licenses," being Chapter 14, Volume -41, Laws of Delaware, 1937, relating to Occupational Licenses.

. . . 'YVhich was taken up for consideration and read m order to pass

the House.



YEAS-Messrs, Barr, Benson, Bierlin, Brown, Buckingham, Burris, Burton, ·Draper, Hartman, Kellum, Leach, McGuigan, Pennington, Penuel, Fred Pepper, F~ 'vV. Pepper, Pinder, Reynolds, Rhodes, Woodward, Mr. Speaker-21.

NAYS-Messrs, Biggs, Fifer, Moore, Newnam, Rambo, A. G. Smith, Staats, Thawley...:.....s.

So the question was decided in the affirmative and the bill having received the required constitutional. majority, passed the House.

On motion of Mr. Buckingham, House Substitute for House Bill No. 219, as Amended, entitled:

1002

An Act to aniend Chapter 176 of the Revised Code of Delaware, 1935, relating to the sale of Alcoholic Liquor 111 Pharmacies or Drug Stores for Medical purposes only.

'Which was taken up for consideration and read in order to pass the House.

On the quest1on, "Shall the Bill pass the House?"

The Yeas and Nays w.ere ordered, which., being taken: were as follows:

YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Draper, Fifer, Kellum, Leach, Manlove,· McGuigan, Moore, Newnam, Penuel, Fred Pepper, F. W. Pepper, Rambo, Reynolds, Rhodes, Knight, Stein, Woodward, Mr. Speaker-26.

Nays-Messrs, Hartman, Pinder, Staats, Thawley-4.


On motion of Mr. Brown, Senate Substitute for Senate Bill No. 258, entitled :

An Act authorizing the appointment of a Commission to commemorate "Delaware Day;" Duties thereof.


On the question, "Shall the Bill pass the House i"


YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Draper, Fifer, Hartman, Kellum, Leach, McGuigan, Moore, Newnam, Pennington, Penuel, Fred Pepper, F. VI. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Stein,; Thawley, Woodward, Mr. Speaker-31.

NAYS-None.

1003

So the question· was decided in the affirmative and the bill having received the required constitutional majority passed the House.



Motion prevailed.

Same Day.


Mr. Zebley, on behalf of the Committee on Miscellaneous to whom had been referred Senat_e Bill No. 15, entitled:

An Act to amend Chapter 6 of the Revised Code of Delaware, 1935, relating to State Revenue; providing for the exemption of dealers in grains and commercial feeds, fruits and vegetables, poultry and coal.



• "'On motion of Mr. Brown, Senate Bill No. 313, with Senate.Amend~ · ment No. 1, entitled :

An Act to amend Chapter 4 of the Revised Code of Delaware, 1935, by providing for a Superintendent of all State owi1ed Buildings at the State Capitol.

Which was. taken up for consideration ahd read 111 order to pass the House.

On the question, "Shall _the Bill as amended pass the House?"


YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Bucking-

1004

ham, Burton, Draper, Fifer, Kellum, Leach, Manlove, Pennington, Penuel, Fred Pepper, F. Vv. Pepper, Reynolds, Rhodes, Knight, vVoodward, Mr. Speaker-21.

NAYS-Messrs, Bailey, Burris, McGuigan, Newnam, Pinder, Rambo, A. G. Smith, Staats, Stein, Thawley-10.

',

So the question was decided in the affirmative and the bill as amended having received the required constitutional majority passed the House.



An Act to amend Chapter 6 of the Revised Code "of Delaware, 1935, relating to State Revenue; providing for the exemption of dealers in grains ai1d commercial feeds, fruits and vegetables, poultry a11d coal.

\Vhich was taken up for consideration and read in order to pass the House.



YEAS-Messrs, Barr, Benso11, Bierlin, Biggs, Brown, Buckingham, Burton, Draper, Fifer, Kellum, Leach, Manlove, McGuigan, Moore, Pennington, Penuel, Freel Pepper, F. \V. Pepper, Reynolds, Rhodes, Knight, Stein, \Voodward, Mr. Speaker-24.

NAYS-Messrs, Gordy, Newnam, Pinder, Rambo, A. G. Smith, Staats, Thawley-7.


. ,. ~ ,j

And was ordered returned to the Seriate.

On motion for leave, Mr. Brown 'introduced House Resolution No. ,43.

1005

BE IT RESOLVED, By the House of R~presentatives of the State of Delaware, that the following amounts be and the same are hereby appropriated out of any money in the State Treasury, not otherwise appropriated, on account of printing expenses connected with the present session thereof, viz :

James A. LeFevre .: ........ : ............................................ :,.$ 264.50 Newark Post .................................................................... 4,999.70 Capital Printing Company .... .... .. .. .... . .. .. .. .. .. .... ........ .... .. . 3,,672.30


On the question ''Shall the Resolution Pass the House?"

The Yeas and Nays were ordered,, which being taken were as follows:

YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Bue.king~' Burris, Burton, Draper, Fifer, Gordy, Kellum, Leach, Manlove, 'McGuigan, Moore, Penningto11,1 Penuel, Fred P~pper, F. vV. Pepper, Reynolds, Rhodes, Knight, Stein, Woodward, Mr. Speaker-26.

NAYS-Messrs,-Hartman, Thawley-2.

So the queaj:ion was decided in the affirmative and the resolution liaving received the required constitutional majority, passed the House.

On motion for le~ve, Mr. Benson introduced. House Resolution No. 44, entitled:

_Appropriating certain Money out of the General Fund of the State Treasury to pay the Salaries and Compensatio11 of the Officers and· Employees of the House of Representatives, bei1i.g Expenses corinected with the Present Session· of the House of Representatives.

BE IT RESOLVED, By the House of Representatives of the State of Delaware, that the following amounts be and they are hereby appropriated out of any money in the General Fund of the State Treasury, for the payment of· the salaries and compensation of the officers and .employees of the House. of Representatives, being expenses connected with the present session of the One Hundred and Seventh General Assem-

1006

bly, and the State Treasurer is .hereby authorized and directed to pay to the respective persons hereinafter named the respective amounts set opposite their respective names, provided that in paying the. amounts set forth there shall be deducted all .amounts heretofore paid so that the total paid to the persons named shall be as set forth below :

Dauphin D. Wharton, Speaker's Clerk .... : .................... $1,500.00 Frank vV. Schroeder, Chief Clerk ................................ 1,700.00 Frank VI/. Schroeder, . Compiling Journal ... ......... ...... '500.00 Leon C. Bulow, Assistant Chief Clerk ........................ 1,600.00 Robert H. Yerkes, Reading Clerk .............................. 1,200.00 John U. Hill, Reading Clerk ........................................ 1,000.00 Clarence T. Esham, Reading Clerk ............................ 900.00 H. Albert Young, Chief Attorney ................................ · 3,500.00

James F. Allee, Jr., Attorney ·:···························.,········· 2,500.00 Mildred Tomlinson, Bill Clerk ................ ... .. ............... 1,000.00 Naomi Jensen, Assistant Bill Clerk ............................ ) 900.00 Harry F. Newlin, Document Clerk ............................ · 1,000.00 Aimee S. \i\figglesworth, Assistant Document Clerk 900.00 John P. \Varrington, Assistant Document Clerk ........ 900.00

/

Rev. Lester E. Windso'r, Chaplain .......... .................... 800.00 Olen VI. Simpson, Mail Clerk .. : .... : ........ ,:.................... 800.00 Charles Bl est.. Mail Clerk . .. . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . ... . . . 800.00 Sylvia Weinstein, Stenographer . . . . . . . . . . . .. . ... . . ...... .. . . . . . .. . . 800.00 Florence Casey, Stenographer ................... :.................. 800.00 Mildred Vincent, Stenographer . ... . .. .. .. . . . . .. . . . .. . . . . . .. .. . . ... 800.00 Dorothy D: Beebe, Stenographer ..... ................ ........... 800.00 Margaret D. Tomlinson, Stenographer ........................ 900.00 \Valter Murphy, Attorney's Messenger ...................... 800.00 F. Davis vVatson, Attorney's Messenger ........... :........ 800.00 Mrs. Clifton Ellis, Attorney's Clerk ............................ 800.00

. Mary 'vV: Burton, Floor Leader's Clerk .................. ,. 800.00 Robert A. Groves, Sergeant-at-Arms .......................... 800.00 Henry D. Downham, Sergeant-at'-Arms ..................... : 800.00 Louis V. Spencer, Sergeant-at-Arms ............................ 800.00 John J. Caruso, Doorkeeper .......................................... 800.00 Edward J. Laws, Assistant Doorkeeper .................... 800.00 William Truitt, Assistant Doorkeeper . ... .. .. . . .. .. .. .. . . . . .. 400.00 Paul Clogg, Assistant Doorkeeper . .. ...... ... . .. . . ... . . ... . .. . . 400.00 \Villard T. Loreman, Telephone Messenger ........... ,.... 800.00 \Varren vV. Buckingham, Telephone Messenger ........ 800.00 Marvel Pepper, Messenger . . . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . .. . . ... . ... 800.00

1007

Henry Chapman, Messenger ...................................... .. George F. Swain, Budget Room Attendant ............... . Harvey B. Short, Bndget Room Attendant ............... . Oscar Vickers, Cloak Room Attendant ....................... . George E. Smith, Cloak Room Attendant ................... . \Valter S. Reihm, Asst. Cloak ·Room Attendant .. . J. Corbitt Reynolds, Caretaker ................................... . Charles H. Bowers, Janitor ......................................... . Sylvia Weinstein, Budget Committee Stenographer ... . Gladys Berry, Stenographer ....................................... .

800.00 800.00 800.00 800.00 800.00 800.00 800.00 800.00 100.00 100.00


On the question "Shall the Resolution Pass· the House?"


YEAS-Messrs, Barr, Benson, Bierlin, Brown, Buckingham, Burton, Draper, Kellum, Leach, Manlove, Penningt011, Rhodes, Knight, Woodward, Mr. Speaker-15.

NAYS-Messrs, Biggs, Freel. Pepper, Reynolds-3.

So the question was decided in the negative and the resolution not having received the required constitutional majority, was lost.

Mr. Benson moved that the House adjourn until 11 o'clock, A. M .• Tuesday1,- May 2nd, 1939.

Motion prevailed.

1008

SEVENTY-THIRD LEGISLATIVE DAY

Dover, Delaware, May 2nd, 1939, 11 o'clock, A. M.


Prayer by the Chaplain, Rev. vVindsor.

Roll Called.

Members present-Bailey, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Canby, Draper, Fifer, Gordy, Hartman, Kellum, Leach, Manlove, McGuigan, Moore, Newnam, Pennington, Penuel, Fred Pepper, F. W. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Stein, Thawley, \Voodward, Mr. Speak~, er-35.

· Clerk proceeded to read the Journal of the Previous Session when Mr. Benson moved so much be considered .the reading of the Journal and the Journal be approved.

Mo~ion prevailed.

The Chair presented 87 telegrams from teachers 111 all sections of the State of Delaware.

Endorsing Senate Bill No. 165.

Relative to the restoration of thf principle of salary incremen~ for Public School Teachers and other Public School Employes of the State of Delaware.

The Chair presented 45 individual communications and petit10ns from organizations and individuals in all parts of the State of Delawar~

Endorsing Senate Bill. No. 165.

Relative to the restorations of the principle of salary increments

1009

for Public School Teachers and other Public School Employes of the State of Delaware.

The Chair presented a communication from the Ferris Industrial School of Delaware, signed by Ralph L. Minker, Superintendent.

Endorsing legislation pending before the General Assembly.

Relative to the appropriation of funds for certain it'nprovements at the Ferris School.

The Chair presented a conimuication from Harry L. Maier, Chief Engineer, City of .Wilmington.

Endorsing Senate Bill No. 16.

Relative to the licensing of Professional Engineers and Land Surveyors.

· . The Chair presented a communication from the Delawar~ Federation of Men's Bible Classes.

Commending Governor Richard C. McMullen's veto of legislation passed by the General Assembly designed to bring abopt tl~e legalizing of the Showing of Motion Pictures on Sundays in the City of Wil:_ mington.

, Mr. Pie1;ce, Secretary of the Senate, being admitted, informed the House that the Senate hacl passed and requested the concurrence· 6f the House in the following :

I

Senate Concurrent Resolution No. 23 .

. _,Modifying and changing Senate Concurrent Resolution No. 11 as modified, in Reference to introduction of New Bills.

And presented the same to the Ho\tse.

The Chair presented Senate Concurrent Resolution No. 23, entitled:

Modifying and changing Senate Concurrent Resolution No. 11 as modified in reference· to introduction of New Bilk

1010

On motion of Mr. Benson Senate Concurrent Resolution No. 23, ·entitled:

Modifying and Changing Senate Concurrent Resolution No. 11 as modified in Reference to Introduction of New Bills.

vVas 'taken up for consideration and read a third time, by paragraphs, in order to pass the House .

. On the question, "Shall the Resolution pass the House?"


YEAS-Messrs, Bailey, Barr, Benson, Bierlin, Biggs," Brown, Buckingham, Burris, Burt.on, Canby, Draper, Fifer, Gordy, Hartman, Kellum, Leach, Manlove, McGuigan, Moore, Newnam, Penuel, Freel Ptpper, F. W. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Thawley, Woodward, Mr. Speaker-33:

NAYS-None.




House Bill No. 176.

House Bill No. 179.


House Substitute for House Substitute for House Bill No. 224 as Amended.


House Bill No. 478.

Mr. Bi:.tckingham, on behalf of the Committee on. Pa~sed Bills, re-

1011

ported to the House that he had delivered to the Governor the following:

House Bill No. 50.

An Act to amend Chapter 72 of the Revised Code of Delaware, 1935, prohibiting the Sale of Alcoholic Liquors to Students of the University of Delaware by repealing same.


An Act appropriating money out of the State Treasury for the payment of the claim of Reuben Paris against the State.

House Bill No. 134.

An Act to appropriate the sum of Nine Hundred and SeventyThree Dollars and Eighty-Seven Cents to Pure Oil Company to reimburse it for penalty paid to the State of Delaware in Motor Fuel Taxes.

Hous.e Bill No. 151.

An Act to amend Chapter 176 of the Revised Code of Delaware, 1935, in reference to Tariff of Licenses, for the Sale of AlcoholicLiquors, Wines and Beer.

House Bili No. 299 with Amendment No. 1.

An Act' to authorize the Levy Court of New Castle County to appropriate money to regularly organized and motorized Fire Com.:. panies in N /w Castle County outside of the City of ,i\Tilmington.


An Act making an appropriation to the State Military Board for the purpose of making necessary repairs on State Owned Armories located at Dover, Laurel, Newark and New Castle, Delaware.


An Act authorizing the State of Delaware to borrow moneys from the State School Fund and Funds allocated to the State Highway Department for use of the General Fund.

1012

House Bill No. 470.

An Act to amend Chapter 133 of the Revised Code of Delaware, 1935, relating to Executions with reference to \i\Trits of Possession. . .

House Bill No. 476.

An Act to create a State Commission for the purpose of promoting the General Welfare of the citizens of the State of Delaware and making an appropriation thereto for the purpose of encouraging. the Commemoration and observance of Memorial and Patriotic Holidays ; and for the Burial of Indigent Soldiers, Sailors and Marines ..

House Bill No. 477;

An Act appropriating money out of the State Treasury for the payment of claim of Calvin G. McKay against the State.

Mr. Buckingham, on behalf of the Committee on Passed Bills, reported· to the House that he had delivered to the Governor the following :


An Act to amend Chapter 74 of the Revised Code of Delaware, 1935, eptitled "Fish, Oysters and Game" relating to the License Fees for NonResidents to fish in the \i\Taters of Indian River, Rehoboth Bay, Assawoman Bay and its Tributaries.

Senate Substitute for House Bill No. 291.,

An Act to amend Chapter 74 of the Revised Code of Delaware, 1935, entitled "Fish, Oysters and Game" relating to Nets used for Fishing, Size of Mesh, and use thereof in Tidal \i\Taters.


An Act to amend Chapter 74 of the Revised Code of Delaware, 1935, providing for the possession, sale and offering for sale of Hard and Peeler Crabs caught in.' Indian River and Rehoboth Bay or any of their Tributaries.

Senate Substitute for House Bill No. 106 as Amended.

1013



Motion prevailed.

-Same Day.



An Act creating the office of Vice-Chancellor of the State of Delaware, defining his duties, powers, term, qualifications, and salary.

Reported the same back to the House. favorably ..

ELMER E. BENSON, Chairman HENRY M. CANBY FRANK R. ZEBLEY GEORGE MANLOVE


An Act providing for the Restoration of the principle of salary increments for satisfactory service of Public Schqql Employees of this State; and making appropriations therefor.


On-the question, "Shall the Bill pass the House?"

The Yeas and Nays were ordered, which beirig taken were as follows:

YEAS-Messrs, Bailey, Benson, Bierlin, Biggs, Brown, Buckingham, Burris; Canby, Draper, Fifer, Gordy, Hartman,' Kellum, Leach, Manlove, McGuigan, Moore, Newnam, Penuel, Fred Pepper, F. Vi/. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Stein, Thawley, \i\T oodward, Mr. Speaker_:32.

1014

NAYS-None.





Senate Bill No. 69.



Senate Bill No. 180 as Amended.



Mr. Benson moved that the House recess until 2 o'clock P. M.

Motion prevailed.

Same Day 2 o'clock P. M.


Mr. Zebley, on behalf of the Committee on Miscellaneous to whom had been referred Senate Bill No. 87, entitled:

An Act to amend Chapter 18 of the Revised Code of the State of . Delaware, 1935, relating to State Detectives by repealing 455 Section 1 of said Chapter and the Offices of State Detective created thereby, by enacting a new Section in lieu thereof providing for the appointment of

.. · State Detectives by the Attorney General and for the assignment of the State Detectives to the Attorney General's Department, ·by amending 457 Section 3 of said Chapter with reference to the. removal of State Detectives ; · and repealing all Acts or parts of Acts inconsistent there-w~. -

. 1015

Reported the' same back to the House favorably.

FRANK R. ZEBLEY, Chairman ABNER WOODWARD FRANK H. B1)CKINGHAM NORMAN A. DRAPER

Mr. Zebley, on behalf of the Committee on Claims to whom had been referred Senate Bill No. 171, entitled:

An Act to appropriate the sum of One Htmdred Dollars in part payment of the burial expenses of John H. Millis, a Civil Vv ar veteran.

Reported the same back to the House favor~bly.

FRANK R. ZEBLEY, Chairman ELMER E. BENSON FRANK H. BUCKINGHAM GEORGE MANLOVE

The Honorable Josiah Marvel, Jr., Secretary of State, being admitted, presented Messages from his Excellency the Governor, Richard C. McMullen.

STATE OF DELAWARE EXECUTIVE DEPARTMENT

· DOVER

RICHARD C. McMuu.EN GOVERNOR

To the Honorable, the House of Representatives, The 107th General Assembly, Dover, Dela?Jare.

GENTLEMEN: ;

April 24, 1939

I today approved House Amendments Nos. 1-2-3-4-5-6-7 8-9-10 to House Substitute for House Bill No. 1.

This is done because affirmative action on my part is required to make available any appropriations to the departments of the State referred to in these amendments to House Substitute for House Bill No.I.

I direct your attention to my message addressed to you on March 29, 1939, and 1-equest that the recommendations therein made be enacted

1016

into law, so that these important departments of the State can function adequately and in the interest of the citizens of the State.

I direct your attention to certain items 'which by reason of· my message of March 29, 1939 and of the inaction on the part of the General Assembly are not provided for. In House Substitute for House Bill No. 1 I vetoed the following items :

Code F -6-8e-State Treas\.trer Code F -10-12e-State Auditor Code G-2-State Insurance Commissioner Code K-6a-6f-State Board of Agriculture

Bureaus of Markets Code L-S-7d-Parole Board, Salary of

Parole Officer

No action was taken by the General Assembly to pass over my veto these items as originally set forth in House Substitute of House Bill No. 1 and no amendments were adopted by the General Assembly relating to· these items. Consequently in order to provide valid appropriations for these items, I recommend Legislative action on your part.

bas

Yours respectfully,

RICHARD C. McMULLEN

STATE OF DELA\VARE EXECUTIVE DEPAR'fl\IENT

DOVER

Governor.

RrcHARD C. McMULLEN GOVERNOR

May2, 1939 To the Honorable, the House of Representati·ves, 107th General Assembly, Dover, Delaware.

GENTLEMEN:

I feel it is my duty to bring to your attention the facts disclosed in the accompanying letter, received by me from Mr. Robert Fechner, Director of the Civilian Conservation Corp.

bas

Yours very truly,

RICHARD C. McMULLEN Governor,

April 25, 1939

1017

The Honorable Richard C. M cM1~llen Governor of the State of Delaware E.recu.tive Departnwnt · Dover, Delaware

Dear Govej!rnor McMullen :

Reference is made to your letter dated January 17, 1939 and earlier correspondence concerning maintenance of projects accomplished by the CCC in Delaware. ·

I .am disturbed by. information that your State Legislature closed its recent session without making any provisiori for the proper main- · tenance of CCC forestry project~ and appropriated only $3,500, for annual expenditures druing your next biennium, to maintain mosquito control work accomplished by the Corps in Delaware. I understood from your letter dated January 17, 1939 and other advices I received, that your State Forestry and Mosquito· Control Commissions made.recot'nmendations, with your endorseml'!nt, to your Board of Budget Directors and the State Legislature for $1,000 and $45,000 which amounts they estimated were required by their respective departments to maintain completed CCC projects during your next biennium.

The failure of your Legislature to fulfill the· State's obligation to provide adequately for the maintenance ~f projects·the CCC has accomplished for Delaware has created a difficult problem, and I should like to review the situation, briefly, as my records show it to be.

Before authorizing the estal;>lishment of mosquito control camps in · Delaware I received a wire from Governor Buck, dated October 2, 1933, in which ·he agreed "on behalf of State to Requirements" set forth in 111y

September 27, 1933 letter, which, among other things, said: "It will also be necessary that the State make the necessary' cooperative arrangements with, and secure guarantees from, owners of private land contained within the area to be considered for mosquito control, or that the Governor guarantee to secure the necessary legislation to relieve the ,Federal Government, and assure the maintenance of all improvements." \Basing my action on that· guarantee I autborized the establishment of :two mosquito control camps in Delaware in 1933, and additional nio~uito control camps later ori.

I1rFebruary 1937 Mr. Corkran, Executive Officer of your Mosquito Control Commission, advised the · Forest Service that a ri1i11imum of $45,000 would b~ required ai.mually to maintain mosquito control projects ap.:omplished by the CCC. He estimated expenditures of $11,500 ~nd $16,000, in addition to $12,000, per.year, the State had been supply-

1018

ing and which he believed would continue to 'supply to direct work, would be needed for maintenance in 1938 and 1939, respectively, and that those amounts were being requested of the State Legislature. At the same time your State Forester advised he estimated $,1,000 was needed annually to maintain CCC forestry projects. · Your March 15, 1937 letter informed me:. "At our present session of the Legislature there is a bill requesting $11,500 for the maintenance of this work (mosquito control) during the coming year and $16,000 for the maintenance in the second year of o.ur biennium." · ·

,, l believe I am correct in my understanding that no amouhts have

been appropriated by the State to maintain CCC forestry work in. Delaware; that only $10,000 per year was appropriated for mainJenance of mosquito control projects for the period between January 1, 1937 and January 1, 1939 ; and that the recent action of the Legislature has been to reduce appropriation for maintenance of CCC . mosquito control projects to $3,500 a year, which is wholly inadequate. If my review disagrees with State records please advise me concerning differences.

I am sure you realize how extremely disappointed I am over the failure of your State Legislature to provide adequate funds, as required by CCC policies, and Section 3 of ·the CCC Act of June 28, 1937, for· the maintenance of. work the CCC has accomplished in your State. FurthermC>re, in view of the State's failure to meet CCC requirements, I regret that I have no alternative but to discontinue further CCC assistance for State projects iri Delaware,. and arrange 'for the early dosing of present CCC forestry Camp S-53, near Georgetown. Before taking the necessary steps to put the gedsion into effect, however, I. shall be glad, of course, to hear from you or discust the question further with you .. Further study may make. it necessary to close the drainage CCC camps ;:i.lso. · ' ..

To the Honorable, ..

Sincerely yours,

ROBERT· FECHNER Director.

STATE OF DELAWARE EXECUTIVE DEPARTMENT

May 2, 1939

The members of ihe 107th General Assembly, Dover, Delaware.

GENTLEME.N; .)

Since the convening ~f this General Assembly, I have, from time tol - . . )

1019

time, given information of the affairs concerning the State to your body and recommended for your consideration certain measures which I· have believed to be expedient. Altliough these recommendations have not as yet been acted upon by you, may I not hope that as this session of the General Assembly nears its close, you may be now more responsive to the general welfare of the State?

I feel it is my duty to address you briefly on some of the things ti1at remain unfinished and undone. I feel I must direct your attention to the recommendations made in my message of April 10, 1939, where I pointed out that overcrowded conditions prevail in many of our State Institutions•. To fail to remedy this situation would, I am satisfied, result in a lasting regret to the members of the General Assembly. I also call your attention to my recommendations as to the continuance of the Mosquito Control project in accordance with the valid obligation which this State has with the Federal Government.

It is with regret that I must note that this General Assembly has. continued to refuse to meet squarely the problem of relief. To leave this hall without providing for the needy would be to turn xour backs on one of your responsible duties. Likewise, in your failure to enact legislation relating to a teachers' retireme1it plan, is your record in this General Assembly wanting.

Is it not now possible for this General Assembly to lay· aside the partisan attitude in evidence since your convening, which has resulted in leaving undone many·matters which relate to the genera) welfare of the people of our State? Has not too much attention been directed towards partisan policies and political patronage? Has not the welfare of the State been overlooked in saddling the taxpayers with a higher cost for this session of the General Assembly than ever in the history of the State? Has not this cost been out of all proportion to the benefits derived? Is it not a sad commentary that these expenses of your General Assembly are more than sufficient to take care of the relief problem of the State for the period of over a year?

So that ;this General Assembly may erase its present reputation for forgetting the needs of the people in its quest for political gain, I recommend the repeal of Senate Substitute for Senate Bill 224, providing for the reorganization of the State Highway Department and Senate Bill 306 providing for a new Department of Elections in New Castle County. If this were done, if ripper legislation were thrown into the discard, and the minds of this General Assembly directed to the demands which our citizens rightfully have made, I am satisfied our State agen-

1020

cies and institutions would be relieved of their uncertain future and our Courts of considering questionable legislation.

' To the encl that these recommendations may receive serious con-sideration, I invite a Committee from each of the Houses of the General Assei11bly, consisting of representatives from each party, to meet with me, the Lieutenant Governor, the Attorney-Ge11eral, and .Secretary of State, and to formulate a plan to put into e:x:ecution these recommendat-10ns.

ejn,

Respectfully yours,

RICHARD C. McMULLEN

Governor.

Mr. Benson, on behalf of the Committee on Appropriations to whom had been referred House Bill No. 43, entitled: ·

An Act making an appropriation to the State Military Board for the erection of a suitable building at the State Rifle Range, near New Castle, New Castle County, Delawar.e, to be used for storing equipment and material, and for necessary repairs to existing buildings.


ELMER E. BENSON, Chairman FRANK R. ZEBLEY GEORGE MANLOVE HENRY M. CANBY

Mr. Buckingham, on behalf of the Committee ·on Passed. Bills; reported to the House that he had delivered to the Governor the following:

House Bill No 176.

An A~t to amend Chapter 74 of the Revised Code of Delaware, .1935, relating to Fish, Oysters and Game, by prohibiting the Board of Game and Fish Commissioners from purchasing culls or seconds; by requiring said Board to give preference to animals, birds and fish raised in Delaware; and by permitting ·said Board to use its discretion in the distribution of rabbits, quail and pheasants.

House Bill No. 179.

1021

An Act to amend Chapter 74 of the Revised Code of Dela,vare, 1935, relating to fish, oysters and game,. by providing for the free distribution of the annual report of the Board of Game and Fish Commissioners and by requiring a bond to be given by persons authorized to sell hunting and fishing licenses.


An Act to amend Chapter 176 of the Revised Code of Delaware, 1935, relating to the sale of Alcoholic Liquor in Pharmacies or Drug Stores for Medical purposes only.

House Substitute for House Substitute for House Bill No. 224 as Amended.

An Act to amend An Act entitled "An Actto amend Chapter 6 of the Revised Code of the State of Delaware of 1935 relating to Occupat~ ional Licenses," being Chapter 14, Volume 41, Laws of Delaware, 1937, relating to Occupational Licenses. ,


An Act to. amend Chapter 71 of the Revised Code of Delaware, 1935, by providing full term electric lighting and power expense f01' all Free Public Schools within the State.

House Bill No. 478.

An Act authorizing the State Highway Department to purchase certain Highway Improvement Bonds and State Aid Bonds issued by the Levy Courts cif New Castle; Kent and Sussex Counties and maturing during the fiscal year ending June 30, 1941.

1fr. Zebley, on behalf of the Committee on Miscellaneous to whom h.i.d been referred Senate Substitute for House Substitute for House Bill No. 91, entitled:

An Ad to regtilate and control the construction of water and sewer systems, building and house drainage systems, gas lines and oil burning . equipment and air conditioning; the registration of persons engaged in the work and supervision thereof in the several Counties of the State of Delaware outside the City of Wilmington.

1022

Reported the sanie back to the House favorably.

FRANK R. ZEBLEY, Chairman ABNER WOODWARD FRANK H. BUCKINGHAM NORMAN A. DRAPER

Mr. Zebley on motion for leave introduced House Substitute for House Bill No. 312, entitled:

An Act for the Regulation of Outdoor Advertising.

VVhich was given first and second reading. The second by title only, and referred to. the Committee on Miscellaneous.

Mr. Zebley, on behalf of the Committee on Miscellaneous to whom . had been referred House Substitute for House Bill No. 312, entitled:

An Act for the Regulation of Outdoor Advertising.


FRANK R. ZEBLEY, Chair·mat ABNER WOODWARD FRANK H. BUCKINGHAM NORMAN A. DRAPER

Mr. Brown moved that House Bill No. 38 be restored to th Calendar.

Motion prevailed.

Mr. Brown moved that House Bill No. 380 be restored to th Calendar.

Motiou prevailed.

On motion of Mr. Benson, Rous~ Bill No. 145, entitled:

An Act to amer.cl Chapter 176 of the Revised Code of Delawar 1935, in reference. to the dosing hours of Licensees authorized to sc alcoholic liquor, wines and beer. off the. premises.

1023

Which was taken up . for consideration and read 111 order to pass the House.

Mr. Benson offered House A1i1endment No. 1 to House Bill No. 145.

\i\Thich was taken up for consideration and read in order to pass the House. ,

Mr. Benson moved that the Amendment be adopted. ( . . .

Mr. Buckingham seconded the motion.

On the i:1uestion "Shall the Amendment Pass the House?"

The yeas and nays were ordered, which being taken were as.follows :.

YEAS-Messrs, Bailey, Benson, Biggs, Buckingham, Fifer, Man-love, Moore, Mr. Speaker-8.

NAYS--Messrs, Barr, Bierlin, Brown, B,urris, Burton, Canby, Draper, Gordy, Hartman, Kellum, Leach, McGuigan, Newnam, Pennington, Penuel, Fred .Pepper, F. W. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Thawley, Woodward-26.

So the question was decided in the negative and the Ame11dment not having received the required ~onstitutional majority was lost.

On the question "'Shall the Bill Pass the House?" '; . \

TI-ie yeas and nays were ordered, which being taken, were as follows : .

YEAS-Messrs, Benson, Biggs, Buckingham, Fifer, Manlove, Moore, Pinder, Mr. Speaker-8.

NAYS-Messrs, Bailey, Barr, Bierlin, Brown, Burris, Burton, Canby, Draper, Gordy, Hartman, Kellum, Leach, McGuigan, Newnam, Pennington, Penuel, Fred Pepper, F. W. Pepper, Rambo, Reynolds, Rhodes, Knight, N.. G. Smith, Staats, Stein, Thawley, Woodward-,-27.

So the question was decided in the negative and the bill not having received the required constitutional majority was'Iost.

Mr. Benson moved that the rules of tl}~ House be suspended for

1024

the purpose of considering House Bill No. 43.

Motion prevailed.

On motion of 1\fr. Benson, House Bill No .. 43, entitled:

An Act making an appropriation to the State Military Board for the erection of a suitable building at the State Rifle Range, near New Castle, New Castle County, Delawar,e; tQ ,be used for storing equipment and material, and for necessary repairs to existing buildings.



, The yeas and nays were ordered, which being taken, were as follows:

YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Canby, Draper, Fifer, Gordy, Hartman, Kellum, Leach, Manlove, McGuigari, Moore, Newnam, Pennington, Penuel, Freel Pepper, F. Vv. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A G. Smith, Staats, Stein, Thawley,- 'Noodward, Mr. Speaker-34.

NAYS-None.



Mr. Buckingham, on behalf of the Committee on Passed Bills, re· _ ported as approved by the Governor, the following:

House Amendments Nos. 1 to 10 incl., to House Substitute fo1 House Bill No. 1. Apprqved April 24th, 1939.

House Bill No. 2. Approved April 24th, 1939.

House Substitute for House Bill No. 17. Approved April 24th 1939.


1025


· House Bill Nb. 129. Approved April 24th, 1939.

House Bill No. 139 as Amended. Approved April 24th, 1939 ..


House-Bill No, 204. Approved April 24th, 1939.

House SulJstitute for House Bill No. 205. Approved April 24th, '1939. .

House Bill No. 236. Approved April 24th, 1939 .

. House Bill No. 469. Approved April 24th, 1939.

Mi·. Buckingham, 011 behalf of the Committee on Passed Bills, re. ported as approved by the Governor, the following:

.House Substitute for House Bill No. 44. Approved· April 28th, 1939.

House BiU-No. 56. Approved April 28th, 1939.



House Bill No. 71. Approved April 28th; 1939.

House Bill No. 105 as Amended. Approved April 28th, 1939.

House Bill No. ,165. Approved April 28tl~, 1939 .

. House Bill No. 175. Approved April 28th, 1939. ·

House Substitute for House Bill No. 186. Approved April 28th, 1939.

House Bill No. 274. · Approved April 28th, 1939.

House Bill No. 316. Approved Apri~ 28th, 1939.

1026



House Bill No. 375. · Approved April 28th, 1.939.

House Bill No. 407. Approved April 28th; 1939.


House Bill No. 376. Ai~pi.-oved April 28th, 193~.

{',,

House Substitute for House Bill No. 222 as Amended. Approved April 28th, 1939. '

House Substitute for House Bill No. 380. Disapproved April 28th. 1$)39.

Mr. Buckingham, on behalf of the Committee on Passed Bill?, re-ported as approved by the Governor, the following:

House Joint Resolution No. 10. Approved May 1st, 1939.

House Substitute for House Bill No. 119. Approved May 1st, 1939.

House Bill No. 170. Approved May 1st, 1939.

House Bill No. 171 Approved May 1st, 1939.


' House Bill No. 282. Approved May 1st; 1939.

House Substitute for House Bill No. 315. Approved May 1st, 1939.

House Stibstitute for House Bill No. 366. Disapproved May 1st, 1939.

House Bill No. 459. Disapproved May 1st, 1939.



1027




House Bill No. 466. Approved l\fay 1st, 1939.

House Bill No. 373, Disapproved May 1st, 1939.

Mr. Buckingham, on behalf of the Committee on Passed Bills, reported as approved by the Governor, the following:

House Substitute for House Bill No. 241. Approved April 25th, 1939.

House Bill No. 149 as Amended. Disapproved April 25th, 1939.

House Bill No. 169. Disapproved April 25th, 1939.

House Bill No. 474. Disapproved April 25th, 1939

House Bill No. 38. Disapproved April 25th, 1939.

Mr. Benson moved that the House1 recess until the call.of the Chair.

Motion prevailed.

Same Day.


On motion of Mr. Benson, House Concurrent Resolution No. 21, entitled:


vVas taken up for consideration and read a third time, by paragraphs, in order to pass the House.



1028

YEAS:,._Messrs, Bailey, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Canby, Draper, Fifer, Hartman, Kellum,-Leach, Manlove, McGuigan, Moore, Newnam, Pennington, Fred Pepper/"'F. W. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats!· Stein, Thawley, Woodward, Mr. Speaker-32.

NAYS-None.

So the question . was decided in the affirmative and the resolutior having received the required constitutional majority passed the House.


On motion of Mr. Canby, House Concurrent Resolution No. 22 entitled:

Modifying Resolution in re~erence to New B~tsiness.


On the question, "Shall the Resolution ,pass the House?"

The yeas and nays were ordered, which being taken, were as follows

YEAS-Messrs; Benson, Bierlin, Biggs, Brown, Buckingham Burris, Burton, Canby, Draper, Fifer, Gordy, Kelium, Leach, Manlove Pennington, Penuel, Fredc-J>epper, F. W. Pepper, Reynolds, Rhodes Knight, A· G. Smith; Woodward, Mr. Speaker-24.

NAYS-Messrs, Hartman, McGuigan, Moore, Newnam, Pinder Rambo, A. G. Smith, Staats, Thawley-9.

So the question was decided in the affirmative and the resolutior having received the required constitutional majority passed the House


Mr. Brown moved the Rules of· the House be suspended for tht . purpose of considering House Bill No. 88 and House Bill No. 91.

Mo~ion prevailed.

1029

On motion of Mr. McGuigan, House Bill No. ss; entitled:

An Act creating the office of Vice-Chancellor of the State· of Delaware, defining his duties, powers, term, qualifications, and salary.

·which ,vas taken up for consideration and read in order to pass the House.



YEAS-Messrs, Bailey, Barr, Benson, Bierlin, Biggs, Brown, . Buckingham, Burris, Burton, Canby, Draper, Fifer, Gordy, Hartman,

Kellum, Leach, Manlove, McGuigan, Moore, Newnam, Pennington, Penuel, Freel Pepper, F. W. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Staats, Stein, Thawley, Woodward, Mr. Speak-er-35. ··

NAYS-None .. · ...

So the question. was decided in the affirmative and the bill having received the required constitutional majority, passe~ the House,


On motion of Mr. Woodward, Senate Substitute for House Substitute for House Bill No. 91, entitled:

An 1'\ct to regulate and control the contstruction of water and sewer systems, building and'house drainage systems, gas lines and oil burning equipment· and air conditioning; the registration of persons engaged in the work and supervisipn thereof in the several Counties of the State of Delaware outside the City of Wilmington.

\Vhich was taken up for . consideration and read in order to pass the House.



YEAS-Messrs, Barr~ Benson, Bierlin, Biggs, Brow11, Bucking-

1030

ham, Burris, Burton, Canby, Draper, Fifer, Kellum, Leach, Manlove, Pennington, Penuel, Fred Pepper, F. W. Pepper, Reynolds, Rhodes, Knight, \i\Toodward, Mr. Speaker-23.

NAYS-Messrs, Bailey, Gordy, Hartman, McGuigan, Moore, Newnam, Pinder, Rambo, A. G. Smith, Staats, Stein, Thawley-12.

So the question was dfcided in the affirmative and the bill having received the required constitutional majority, passed the House. ,

THE SPEAKER ANNOUNCEQ HE IS ABOUT TO SIGN:

Senate Bill No. 313 as Amended.







Senate Bill No. 15.

Senate Concurrent Resolution No. 23 .

. On motion of Mr. Zebley, House BilI No. 168, entitled:

An Act appropriating money to the Public Archives Commission for the purchase of The Joseph Wigglesworth Collection of Indian relics.




YEAS-Messrs, Bailey, Benson, Biggs, Buckingham, Canby, Drap-

1031

er, Gordy; Hartman, Kelluin, Manlove, McGuigan, Moore, Newnam; Penuel, Fred Pepper, Pinder, Rambo, Rhodes, Knight, Stein, Woodward, Mr. Speaker-22.

NAYS--Messrs, Bierlin, Brown, Fifer, Leach, Staats-5.







On motion for leave, Mr. Benson introduced House Resolution No. 45, entitled:

HOUSE RESOLUTION

APPROPRIATING CERTAIN MONEY OUT OF THE GENERAL FUND OF THE STATE TREASURY TO PAY THESALARIES AND COMPENSATION OF THE OFFICERS AND EMPLOYEES OF THE HOUSE OF REPRESENT-. ATIVES, BEING EXPENSES CONNECTED WITH THE PRESENT SESSION OF THE HOUSE OF REPREESNT'ATIVES.

BE IT RESOLVED BY THE HOUSE OF·· REPRESENTATIVES. QR THE STATE OF DELAWARE, that the following amounts be and they are hereby appropriated out of any money in the General Fund of the State Treasury, for the payment of the· salaries and compe1:isation of the officers and employees of the House of Representatives, being expenses connected with the present session of the One Hundred and Seventh General Assembly, and the State Treasurer is hereby authorized and directed to pay to the respective persons hereinafter nanied , the respective amounts set opposite their respective names, provided that in paying the amounts set forth there shall be de-

1032

ducted all amounts heretofore paid so that the tota:l paid to the persons named shall be as set forth below :

Dauphin D. Wharton, Speaker's Clerk ·: .................. $1,500;()0 Frank W. Schroeder, Chief Clerk .... , ........................ 1,700.00 Frank W. Schroeder, Compiling Journal .................... 500.00 Leon C. Bulow, Assistant Chief Clerk .... ' ................. , .. 1,600.00 Robert H. Yerkes, Reading Clerk ................................ 1,200.00

· John U. Hill, Reading Clerk ........................................ 1,000.00 ·· Clarence T. Es ham, Reading Clerk . . ... .. .. .. .. .. .. .. .. .. .. .. . 900.00 H. Albert Young, Chief Attorney .............. : ................. 3,500.00 James F. Alee, Jr. Attorney ...................... : ................. 2,500.00 Mildred Tomlinson, Bill Clerk .................. .' ................. 1,000.00 Naomi Jensen, Assistant Bill Clerk ............................ 1,000.00 Harry F. Newlin, Document Clerk ............................ 1,000.00 Gladys Berry, Stenographer ........................... ,............ 100.00 Aimee S. Wigglesworth, Assistant Document Clerk .... 900.00 John P. Warrington, Assistant Document Clerk ........ 900.00 Rev. Lester E. Windsor, Chaplain ......... :.................. 800.00 Olen. W. Simpson, Mail Clerk ............................. ....... 800.00 Charles BI est, Mail Clerk . .. .. .. .. .. .. .. .. .. .. .. .. .. . . . .. . ... . .. . .. .. 800.00 Sylvia Weinstein, Stenographer ,............................... 800.00 Florence Casey, Stenographer . . .. . . .. .. .. . . .. . .. . . . .. .. . . .. .. . . .. 800.00 Mildred Vincent, Stenographer .. .. .. .. .... .. . . .. .. . . .. . . .. . . . . . .. . 800.00 Dorothy D. Beebe, Stenographer ......................... ....... .... 800.00 Margaret D. Tomlinson, Stenographer ........................ 900.00 ·walter Murphy, Attorney's Messenger ........................ 800.00 F. Davis Watson, Attorney's Messenger .................... 800.00 Mrs. Clifton Ellis, Attorpey's Clerk ............................ 800.00 Mary W. Burton, Floor Leader's Clerk .................... 800.00 Robert A. Groves, Sergeant-at-arms . .. . . . .. . . .. . .. . .. . . . . . . 800.00 Henry D. Downham, Sergeant-at-arms ...................... 800.00 Louis V. Spencer, Sergeant-at-arms ................. :.......... 800.00 John J. Caruso, Doorkeeper . . .. . . .. .. .. .. .. . . . . . . . . . . . . . .. . ... . . ... .. . . 800.00 Edward J. Laws, Assistant Doorkeeper .................... 800.00 William Truitt, Assistant Doorkeeper . . . .. .. . .. . . . . .. . . .. . . .. 400.00 Paul Clogg, Assistant Doorkeeper . .. . . . . .. . .. .. .. .. .. . . .. .. .. . . 400.00 Willard T. Loreman, Telephone Messenger .............. 800.00 Warren W. Buckingham, Telephone Messenger. ........ 800.00 Marvel Pepper, Messenger . .. . .. .. .. . . .. .. . . .. . . . . . . .. . .. . . .. . . .. . . . 800.00 Henry Chapman, Messenger . . .. . . .. . . .. . . .. . . . .. . .. . .. . . . .. . .. . . . 800.00 George F. Swain, Budget Room Attendant ................ 800.00

1033

Harvey B. Short, Budget Room Attendant .............. .. Oscar Vickers, Cloak Room Attendant ....................... , George E. Smith, Cloak Room Attendant .................. .. Walter S. Reihm, Asst. Cloak Room Attendant .......... .. J. Corbitt Reynolds, Caretaker .................................. .. Charles H. Bowers; Janitor ...................................... .. Sylvia Weinstein, Budget Committee Stenographer .. ..

800.00 800.00 800.00 800.00 800.00 800.00 100.00

·which was taken i.1p for consideration and read in o~der to pass the House.·



YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burton, Canby, Draper, Fifer, Kellum, Leach, Manlove, Pennington, F. W. Pepper, Reynolds, Rhodes, Knight, Woodward, Mr. Speaker-20.

NAYS-Mr. Fred Pepper-I.

So the question was decided in the affirmative and the resolution having received the required constitutional majority, passed the House.

Mr. Pierce, Secretary of the Senate, being admitted, informed the House that the Senate had concurred -in the following :

Hous.e Concurrent Resolution.No. 22.







1034

Mr. Pierce, Secretary of the Senate, being admitted, informed the House that the Senate had concurred in the f?llowing :

House Joint Resolution No. 13, entitled:

Appropriating certain moneys out of the State Treasury to pay certain claims agai11st the· State, relating to expenses incurred . by the Supreme C:ourt.


Mr. Pierce, Secretary of the Senate; being admitted, informed the House that the Senate had concurred in· the following :

House Joint Resolution No. 12, entitled:

Appropriating certain moneys out· of the State Treasury to pay certain claims against the State relating to expenses incurred by the Court of Chancery.

And returned the same to the House ..


An Act to. encourage meritorious achievements in Agriculture, .Stock and Poultry raising and in works of Manuel Training and the I )omestic Arts by providing awards therefor.

Which was given first and second reading. The second by title only, and referred to the Committee on Appropriations.

' Mr. Benson on motion for leave intr:oduced House Bill No. 480, entitled:

An Act appropriating money for the care and maintenance of aged persons at the Palmer Home, Incorporated, at Dover.

'Which was given first and second reading. The second by title c mly, and referred to the Committee on Appropriations.

Mr. Benson on motion for leave introduced House Bill No. 481, < ntitled:

1035

An Act authorizing an appropriation for the Americanization of all Foreign Born now Residents and Citizens of the State of Delaware.

"Nhich was given first and seco11d reading. The second by title only, and referred to the Committee on Appropriations.

Mr. Pierce, Secretary of the Senate; being admitted, informed the House that the Senate had concurred in the following :

House Bill No. 43.

An Act making an appropriation to the State Military Board for the erection of a suitable building at the State Rifle Range, near· New Castle, New Castle County, Delaware, to be used for storing equipment and material, and for necessary repairs to existing buildings.


Mr. Pierce, Secr~tary of the Senate, being admitted, informed the House that the Senate had concurred in the. following :

House Bill No. 88.

An Act creating the office of Vice-Chancellor of the State of Delaware, defining his duties, powers, term, qualifications, and salary.



An Act providing for the relief, care, medical and surgical services for the Indigent Sick of the State and appropriating money therefor.

vVhich was given first and second reading. The second by title only, and referred to the Committee on Appropriations.

Mr. 'Benson on motion for leave introduced House Bill No. 483, entitled:

· An Act making an additional·. appropriation for the Education of children of War Veterans. · ·

1036

vVhich was given first and second reading. The second by title only, and referred to the Committee on Appropriations.

Mr. Benson on motion for leave introduced House Bill No. '484, entitled:

An Act making a deficiency appropriation for the transportation of pupils to schools.

Which was given first ·and second reading.. The second by title only, and referred ·to the Committee on Appropriations.

' Mr. Benson on motion for leave introduced House Bill No. 485, entitled:

An Act appropriating money for the maintenance and education of Girls committed to the Delaware Industrial School for Girls.

Which was given first and second reading. The second by title only, and referred to the Committee on Appropriatiohs.


An Act authorizing the Governor to make provision for the prevention and extinguishment of fires throughout the State outside. the Limits of any Incorporated City or Town maintaining a full time. paid Fire Department.

vVhich was ·given first and second reading. The second by title only, and referred to the Committee on Appropriations.

Mr. Benson on motion for leave introduced House· Bill No. 487, entitled:

An Act to provide for the proper observance of Memorial, Anni~ stice, and other Patriotic Days, and appropriating money therefor.

Which was g1.ven first and second reading. The second by title only, and referred to the Committee on Appropriations. ·


1037 ·'

An Act appropriating money to the Delaware Commission for the Blind .

. . Which. was given first and. second reading. The second by title only, and referred to the Committee on Appropriations.

:Mr. ·Benson ~n motion -for leave-introduced House Bill No· .. 489, : entitled:

. An. Act appropriating money for the care and maintenance. of· aged . person~ at the Layton Home for Aged Colored People.

Whicfr was given first and second reading. The second by title only, and referred to the Committee on Appropriations.

Mr. Benson on motion fo1• leave introduced House Bill No. 490, entitled:

. Ai1 . Act· appropriating certain monies . for the support· and maintena.nce of the District Library Commissions of th~ State of Delaware.

Which was given first and second reading. The .second by title only, and refe~red to the Committee on AJ.?propriations;

Mr. Zebley moved that the rules of the House be .suspended for th:e purpose of considering House Substitute for House Bill No. 312.

Motion prevailed..

On motion of Mr. Zebley, House Substitutefor House Bill No. 312, ·. ~@~; '

AI]-.Act. for the . regi\lation of Outdoor Advertising ..

Which was taken up for: consideration and read in order to pass the House~ · . . . . . .

_On *e questicm "Shall the Bill Pass the House?"

. 'r~e yeas and nays were ordered, which being taken, were as follows: -._), , , '

YEAS-Messrs; Bailey, Ba~r,, Benson, Biggs, Brow~, Buckingham, Burris, Burton, Canby, Draper, Fifer, Hartman, Kellum, Leach,

1038

Manlove, McGuigan, Moore, Newnam, Pennington, Penuel, Fred Pepper, F. W. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Stein, Thawley, Woodward, Mr. Speaker-32.

NAYS-Messrs, Bierlin, Staats-2.

So the question was decided in the affirmative and the bill haying received the required constitutional majority, passed the House.


THE SPEAKER ANNOUNCED HE IS ABOUT TO SIGN: . . .

House Bill No. 43.

House Bill No. 88.

Mr. Brown moved that his motion to restore House Bill No. 38 and House Bill No. 308 to the Calendar be rescinded. '

Motion prevailed.

On motion of Mr. McGuigan, House Bill No. 382, entitled:

' An Act to amend Chapter 42 of the Revised Code of Delaware, 1935, providing for the appointment of Notaries Public. ·

Which was taken up for consideration and read in order to pass

the House.



YEAS-;-Messrs, Bailey, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Canby, Draper, Fifer, Leach, Manlove, McGuigan, Moore, Newnam, Pennington, Fred Pepper, F. W. Pepper, Pinder, Rambo, Reynolds, Rhodes, Kr{ight, A. G. Smith, Staats, Stein, Thawley, Woodward, Mr. Speaker-31.

NAYS-None.

1039



Mr. Buckingham, on behalf of the Committee on Passed Bills, reported to the House that he had delivered to the Governor the followmg:


An Act to regulate and control the construction of water and sewer systems, building and house drainage systems, gas lines and oil burning eq11ipment and air conditioning; the registration of persons engaged ii1 the work and supervision thereof in the several Counties of the State of Delaware outside the City of 'vVilmington.

Mr. Buckingham, on behalf of the Committee on Passed Bills, reported as approved by the Governor, the following:

House Substitute for House Substitute for House Bill No. 224 Approved May 2nd, 1939.

Mr. Benson moved that the House recess.until the call of the Chair .

. Motion prevailed.

· Same Day.


Mr. Benson moved that the House recess until 7 :30 o'clock P. M.

Motion prevailed.

Same Day Z :30 o'clock P. M.

House n~et at expiration· of recess.

v

Mr. Pierce, Secretary of the Senate, being admitted, informed the House that the Senate. had concurred in the following:

1040

House Bill No. 128 with House Amendment No. l.

· An Act relating to the Marketing 1of Peaches.

And returned the same to ~he House.



An Act designating certain public lands near the Coast Guard Station near Lewes, Delaware, as a Memorial Cemetery and providing for the care and the supervision thereof.


Mr. Benson, on behalf of the Committee on Appropriations to whom had been referred Hoose Bill No. 480, entitled:

"An Act appropriating money for the care and maintenance of Aged Persons at The Palmer Home, Incorporated, at Dover.;'


ELMER E. BENSON, .Chairman HENRY M. CANBY GEORGE MANLOVE FRANK R. ZEBLEY


An Act providing for the relief, Care, medical and Surgical services for the Indigent Sick of the State and appropriating money therefor.


ELMER E. BENSON, Chairman HENRY M. CANBY GEORGE MANLOVE FRANK R. ZEBLEY

1041

Mr. Benson, on behalf of the Committee on Appropriations to whom had been referred House Bill No. 484, entitled.

An Act making a deficiency appropriation for the transportation of pupils to schools.

Reported the sari1e back to the House favorably.


Mr. B~nson, on behalf of the Committee on Appropriations to whom had been referred House Bill No. 481, entitled:

An Act authorizing an appropriation for the Americanization of all Foreign Born now residents and citizens of the State of Delaware.



Mr. Benson, on behalf of the G::ommittee on Appropriations to whom had been referred House Bill No. 485, entitled:'

"An -'Act appropriating money for the maintenance and education of Girls committed to the Delaware Industrial School for Girls."

Reported the same back-to the House favorably.



An Act to provide for the proper observance of Memorial, Armi-

1042

stice, and other Patriotic Days, and appropriating money therefor.


ELMER E. BENSON, Clzpirman HENRY M. CANBY· GEORGE MANLOVE FRANK R. ZEBLEY


An Act appropriating money to the Delaware Commission for the Blind.



Mr. Benson, on behalf of the Committee on Appropriations to whom had been referred House, Bill No. 489, entitled:

"An Act appropriating money for the care and maintenance of aged persons at the Layton H~me for Aged Colored People."


ELMER E. BENSON, Chainnan HENRY M. CANBY GEORGE MANLOVE FRANK R. ZEBLEY

Mr. Benson, on behalf of the Committee on Appropriations to whom had been referred ,House Bill No. 486, entitled:

An Act authorizing the Governor. to make provision for the prevention and extinguishment of fires throughout the State outside the Limits of any Incorporated City or Town maintaining a full time paid Fire Department.

1043


ELMER E. BENSON, Chairman HENRY M. CANBY FRANK R. ZEBLEY GEORGE MANLOVE


An Act 0 111aking an additional appropriation for the education of children of War Veterans.




An Act appropriating certain monies for the support and maintenance of the District Library Commissions of the State of Delaware.

Reported the same back to the House favorably,

ELMER E. BENSON, Chainnan HENRY M. CANBY GEORGE MANLOVE FRANK R. ZEBLEY

THE SPEAKER ANNOUNCED HE IS 'ABOUT TO SIGN:



Mr. Benson moved that the rules of the House be suspended for the rema.inder of the 73rd Legi~lative day.

1044

Motion prevailed.

On motion of· Mr. Benson, House Bill No. 480, entitled:

"An Ad appropriating money for the care and maintenance of Aged Persons at the Palmer Hom~, Incorporated, at Dover."




YEAS-Messrs, Barr, Benson,. Bierlin, Biggs; Brown, Buckingham, Burton, Canby, Kellum, Leach, Manlove, Penuel, Freel Pepper, Reynolds, Rhodes, Knight, Woodward, Mr. Speaker-18.

NAYS_.;.Messrs, Burris, Hartman, McGuigan, Moore, Pinder, Rambo, A. G. Smith, Stein, Thawley-9.

So the question- was decided in the affirmative and the bill having received the required constitutional majority, passed the House.


On motion of Mr. Benson, House Bill No. 481, ~ntitled:

An Act authorizing an appropriation for the Americanizatio11 of all Foreign Born now Residents and Citizens of the State of Delaware.

Which was taken up for consideration and read in. order to pass the House.

On the question "Sl:iall the Bill Pass the House?"

i The yeas and nays were ordered, which being taken, were as follows:

YEAS-Messrs, Barr, Bei1son, Bierlin, Biggs, Brown, Buckingham, Burton,· Canby, Fifer, Kellum, Leach, Manlove, Penuel, Fred Pep~ per, Reynolds, Rhodes, Knight, Woodward, Mr. Speaker-19..

1045

NAYS-Messrs, Burris, Hartman, McGuigan, Moore, Pinder, Rambo, A. G. Smith, Stein, Thawley-9. "




An Act providing for the Relief, Care, Medical and Surgical Services for the Indigent Sick of the State and appropriating money therefor.



The y~as and nays were ordered, which being taken, were as follows:

YEAS-;-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Bucking. ham, Burton, Canby, Fifer, Kellum,. Leach, Manlove, Penuel, Reynolds, Rhodes, Knight, Woodward, Mr. Speaker-18.

NAYS-Messrs, Burris, McGuigan, Moore, Pinder, Rambo, A.G. Smith, Thawley-7_.




An Act making an additional appropriation for the education of children of War Veterans.



1046

The yeas and nays were ordered, which being tal~en,,were as follows: )

YEAS~Messrs, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burton, Canby, Fifer, Kellum, Leach, Manlove, Penuel, Freel Pepper, Reynolds, Rhodes, Knight, \iVooclwarcl, Mr. Speaker-19.

NAYS-Messrs, Burris, Hartman, McGuigan, Mopre, Pintlcr, Rambo, A. G; Smith, Stein, Thawley-9.




An Act making a deficiency appropriation for the transportation -of pupils to schools.


Onthe question "Shall the Bill Pass the House?"


YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burris, Burton, Fifer, Hartman, Kellum, Leach, Manlove, l\1cGuigan, Moore, Penuel, Freel Pepper, Pinder, Rambo, Reynolds, Rhodes,

Knight, A. G. Smith, Stein, Thawley, Woodward, Mr. Speaker--,-27.

NAYS-None.




"An Act appropriating money for the maintenance and education of Girls committed to the Delaware Industrial School for Girls."

1047

' ·which was taken up for consideration and read 111 order to pass the House.



YEAS-Messrs, Bai·r, Benson,. Bierlin, Biggs, Brown, Buckingham, Burton, Canby, Draper, Fifer, Kellum, Leach, Manlove, Penuel, Fred Pepper, Reynolds, Rhodes, Knight, Woodward, Mr. Speaker~20.

NAYS-Messrs, Burris, Hartman, McGuigan, Moore, Pinder, Rambo, A. G. Smith, Thawley-8.

So the question was decided in the affirmative and the bill having received the required constitutional majority, . passed the House.

· And was ordered to the Senate for Concurrence.


An Act authorizing the_ Governor to make provision for the pre- . vention and extinguishment of fires throughout the· State outside the Limits of any Incorporated City or. Town maintaining a full time paid Fir~ Department. · · · ·


On the question "Shall the Bill Pass the House?" . .


Yeas-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burton, Canby, Draper, Fifer, Kellum, Leach, Manlove, Penuel, Reynolds, Rhodes, Knight, Woodward, Mr. Speaker-19.

<

NAYS-Messrs,· Burris, Hartman, McGuigan, Moore, Pinder, Rambo, A. G. Smith, Thawley-8.

So the question was decided in the affirmative and the bill having received the required q:mstitutional majority, passed the House.

.,

1048

And was ordered to the Senate for Concurrence. . . .

Mr.- Benson moved that the House recess until 9. o'clock,

Motion prevailed ... · Same Day 9. o'~lock P .. M.:

House met at expiration of reces_s.

Mr .• Woodward, on behalf of the -Committee on' Fish, Oysters ai~d, · .. Game to whom had been referred House Bill No; 255, entitled: ·

· An Act to amend Chapter 7 4 of the Revised Code of Delawar_e;' 1935, relating to Fish, Oysters and Game, by changing the open season": for Game Fish and establishing uniform Game Fis~ seasons. · ·

Report~d the same back to the House1avorably.

ABNER WOODWARD, Chairinan\ RANDOLPH REYNOLDS WM. K. PENNINGTON F. W.PEPPER J. W;·RAMBO

The Chair presented Senat~ Bill No. 320, entitled:

Ail Act designating certain Public Lands near the Coast Guard( · Station near Lewes,· Delaware, as a Memorial Cemetery and providing'< for the care and supervision thereof. .

- Which was given first and stcond reading, the second by title 'o'nly,/ and referred to the Committee on Miscellaneous. · ··

Mr. Zebley; on behalf of the. Co111111ittee on Miscellaneot,ts to whom: had been referred Senate Bill No. 320, entitled :

An. Act, designating. certain Public·Lands ·near the'. Coast Guard Station near Lewes, Del;:i.ware, as a Memorial Cemetery and providing

· ·· for the care · and · supervision thereof. ·

Reported the· same back to the Hoi.tse favorably;.

FRANK R. ZEBLEY, Chairman 'ABNER WOODWARD .FRANK H. BUCKINGHAM

1049


An Act to provide for ·the proper observance of Memorial, Anni. stice, and other Patriotic Days, and approprlating money therefor.

Which was taken up for consideration and read in order to pass the House .

. On the question "Shall the Bill Pass the House?" ) . '

Thf;__yeas and nays were ordered, which being taken, were as follows:

YEAS-Messrs, B_arr, Benson, Bierlin, Biggs, Brown, Buckingham,· Burt9n, Canby:, Draper, Fifer, Kellum, Leach, Manlove, Penuel, Fred Pepper, Reynolds, Rho~es, Knight, Woodward, Mr. Speaker-20.

NAYS-Messrs, Burris; McGuigan, Moore, Pinder, Rambo, A.G. Sniith, Stein, Thawley-8.

So the question was decided in the affirmative and the bill having received the required constitutional majority, . passed the House.

And was· ordered to the Senate for Concurrence.


An Act appropriating money to the Delaware Commission -for the Blind. .

· Which was taken up for consideration and read in order to pass the House. ·

\.,

On the que;;tion "Shall the Bill Pass the House?"


YEAS..:_Messrs, Barr, Benson, Bierlin, Biggs, Brown, Buckingham, Burton, Canby, Draper, Fifer, Kellum, ,Leach, Manlove, Penuel, Fred Pepper, Reynolds, Rhodes, Knight, Woodward, Mr. Speaker-20.

_NAYS-Messrs, Burris, McGuigan, Moore, Pinder, Rambo, A.G. Smith, Thawley-7.

1050

So the question ·was decided in the affirmative' and the biil . having received the required constitutional majority 7 passed the Hot1se. '

' And was ordered to the Senate for Concufrence. ·

On motion of Mr. Benson, House Bill No. 489, entitled: !'

An Act appropriating money for the care and 111aintenance of Aged Persons at the Layton Home for Aged C~lored Pe.ople. ·

Which was taken up for consideration and read in order to pass the Hquse.



YEAS--:-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Bucking~. ' ham, Burton, Canby, Draper, Fifer, Kellum, Lea~h, Manlove, Penuel,

Fred Pepper, Reynolds, Rhodes, Knight, Woodwc).rd, Mr. Speaker-20.

NAYS-Messrs, Burris, McGuigan, Moore, Pinder, Rambo, A.G. Smith, ·Stein, Thawley--8.

So the question was decided 111 the affirmative and the bill having received the required constitutional majority, passed the House.

(

And was ordered to the Senate for. Concurrence.


An Act a)_)propriating certain mo1;ies for the support and maintenance of the District Library Commissions of the· State of Delaware.

· Which was taken up for consideration and read in order to pass the House.

On the question "Shall the Biil Pass the House?"

· The yeas and ~ays were ordered, which being taken, wer.e as follows :

· YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Bucking-

1051

ham, Burton, Canby, Draper, Fifer, Kellum, Leach, Mai1love, Penuel, Reynolds, Rhodes, Knight, vVooclward, Mr. Speaker---,-19.

NAYS-Messrs, Burris, McGuigan, Moore, Pinder, Rambo, A.G. Smith, Thawley-7.



On motion of Mr. Canby, Senate Substitute for Senate Substitute for Senate Bill No. 14, entitled:

An Act relative to the Coroner of Sussex County; providing for Mileage necessarily traveled and Employment of a Secretary.




YEAS-Messrs, Barr, Benson, l?ierlin, Biggs, Brown, Buckingham, Burris, Burton, Canby, Draper, Fifer, Kellum, Leach, Manlove, McGuigan, Moore, Newnam, Penuel, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Thawley, \i\Toodwarcl, Mr. Speaker-27.

NAYS-None.

So the question was decided iv t:h~ affirmative and the bill having received the required constitutional majority, passed the House. ·

And wa.s ordered returned to the Senate.

On motion of Mr. Canby, Senate Bill No. 320, entitled:·

An Act designating certain Public Lands near the Coast Guard Station near Lewes, Delaware, as a Memorial Cemetery and providing for the care and Supervision thereof.

1052




YEAS-Messrs, Barr, Benson, Bierlin, B/ggs, Brown, Buckingham, Burris, Burton, Canby, Draper, Fifer, Kelluin, Leach, Manlove, McGuigan, Moore, Newnam, Penuel, Fred. Pepper, Pinder, Rambo, Reynolds, Rhodes, Knight, A. G. Smith, Thawley, Woodward, Mr. Speaker-28.

NAYS-None.

So the question was decided in the affirmative and the bill having received the. required constitutional majority, passed the House.



Motion prevailed.

Same Day.





Senate Substitute for Senate Substitute for Senate Bill No. 14.



House Bill No. 480.

1053

An Act appropriating money for the care and maintenance of Aged Persons at the Palmer Home, Incorporated, at Dover.


Mr. Pierce, Secretary of the S~nate, being admitted, informed the House that the Senate had concurred in the following:


An Act for regulation of Outdoor Advertising.

And returned· the same to the House.

Mr. Pierce, Secretary of the Senate, being admitted, informed the House that the Senate had passed and requested the concurence of the House in the following:


An Act making an appropriation for the repairs to the heating plant system at Mt. Pleasant No. 2, New Castle Co1111ty.

And presented the same to the House .. ··



An Act to provide for commercial courses in· the Claymont Special Sthool District and to appropriate fonds thereof.




1054 /

Modifying Resolution in reference to New B11siness.

And presented the same to the -House. . -.,__,0-,

/) The Chair presented Senate Bill No. 322, entitled:_,·

' - ' . ) An Act making an appropriation for the repairs, to the heating

system at Mt. Pleasant School No. 02;in New Castle County.

\i\Thich was given first and second reading. The second by title only, and referred to the Comm}ttee 'on Appropriations.

The Chair presented Senate Bill No. 321, entitled':

An Act to provide for Commercial Courses iii the Claymont Special School District and to appropriate funds therefor. ··

Which was given first and second reading. The second by title only, an.cl referred to the Committee ori Appropriations.

The Chair presented Senate Concurrent Resolution No. 24, entitled:


On motion of Mr. Benson, Senate Concurrent Resofotion No. 24, entitled:


Was taken up for consideration ai1d read a third time, by para· graphs, in order to pass the House.

On the question, "Shall the Resolution pass the House_?"

The yeas and· nays were ordered, which being taken, were as follows

YEAS-Messrs, Barr, Benson, Bierlin, Biggs, Brown, Bucking-ham, Burris, Burton, ~anby, Draper, Fifer, Kellum, Leach, Manlove McGuigan, Moore, · Penuel, Fred Pepper, Pinder, Rambo, Reynolds Rhodes, Knight, A.G. Smith, Stein, Woodward, Mr. Speaker-27.

NAYS-None.

Documents

House Substitute for House Bill No. 39.r An Act atithorizing and empowering any person