there appears to have risen some doubt as to whether the same was legally adopted by the General Assemblies of 1901 and 1903, respectively, and the firm establishment of which is important to the successful operation of the general corporation law of this State. II. To consider and act upon certain amendments to the Franchise Tax Law of this State for the purpose of enabling the State to collect a large amount of unpaid franchise taxes due by corporations organized under the General Corporation Law of this State and transacting their business without the limits of this State. III. To ballot for and elect a Senator of the United States to fill the vacancy now existing in the representation of this State in the Senate of the United States, in accordance with the provisions of the Acts of Congress touching the same. (seal) By the Governor: In witness whereof, I have hereunto set my hand and caused the Great Seal of the State to be hereto affixed this twenty-eighth day of May, in the year of our Lord one thousand nine hundred and six, and of the Independence of the United States of America, the one hundred and thirtieth. JOS. L. CAHALL, Secretary of State. PRESTON LEA, Governor. The President pro tempore of the State announced the following standing committees: Corporations-Pennewill, Sparks, Conner, Rose, Latta. Cities and Towns-Sparks, Pennewill, Barnard, Monaghan, Smith. Education-Mendenhall, T. C. Moore, Barnard, Smith, Rose. Claims-T. C. Moore, Barnard, Sterling, Latta, Boyce. ghan. Agriculture-Lingo, Houston, Jefferson, Boyce, Mona Elections--Houston, Stirling, Smith, Jefferson, Barnard. Accounts-Barnard, Pennewill, Monaghan, Lingo, Smith. Printing T. C. Moore, Mendenhall, Monaghan, Latta, Sparks. Statutes-Conner, Pennewill, Sparks, Rose, Revised Latta. Fish, Oysters and Game-Stirling, Houston, Barnard, Jefferson, Smith. Judiciary-Smith, Sterling, T. C. Moore, Monaghan, Boyce. Enrolled Bills-Jefferson, Lingo, Houston, Latta, Rose. Stirling. Insurance and Banking-Rose, Pennewill, Sparks, Conner, Moore. will. Rules-Moore, Mendenhall, Monaghan, Boyce, Penne Public Buildings and Highways-Latta, Monaghan, Stirling, Conner, Houston. Executive-Pennewill, Sparks, Rose. On motion of Senator Moore, Senate takes recess until 2 P. M. same day. day. Senate reassembles at expiration of recess 2 P. M. same On motion of Senator Sparks the Governor's Message was read, and ordered spread upon the Journal as follows: GOVERNOR'S MESSAGE. TO THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE. Gentlemen: I have convened you in extrordinary session because I judged it expedient to recommend to you, for your favorable consideration and action, the several measures set forth in my Proclamation assembling you. The first measure set forth in my said proclamation is "To re-adopt and establish the following amendments to Article IX of the Constitution of this State, viz: "That all of Section 3 of Article IX of the Constitution of this State after the word "corporation", where it occurs the second time in Section 3, be striken out. That Section 6 of said Article IX be striken out and in lieu thereof substitute and adopt the following, viz: "Shares of the capital stock of corporations created under the laws of this State, when owned by persons or corporations. without this State, shall not be subject to taxation by any law now existing or hereafter to be made; concerning which there appears to have arisen some doubt as to whether the same was legally adopted by the General Assemblies of 1901 and 1903, respectively, and the firm establishment of which is important to the successful operation of the General Corporation Law of this State." The above amendments were proposed to the Constitution by the General Assembly of 1901, and agreed to by two-thirds of all the members elected to each house thereof, a yea and nay vote being taken. They were, however, incorrectly enrolled. The General Assembly of 1903, a yea and nay vote being taken, by the votes of two-thirds of all the members elected to each house thereof, agreed to the amendments so proposed and adopted in 1901. The defective enrollment of the amendments has produced grave doubts as to whether they have been legally adopted or not. The result of these doubts is that the stockholders and officers of Delaware corporations are uncertain as to what their rights, duties, and powers are. It is important to the successful operation of the General Corporation Law of this State, that these amendments should be adopted. The second measure mentioned in my said proclamation is "To consider and act upon certain amendments to the Franchise Tax Law of this State for the purpose of enabling the State to collect a large amount of unpaid franchise taxes due by corporations organized under the General Corporation Law of this State and transacting their business without the limits. of this State." It appears by the official records of the State Treasurer that there is due the State from certain Delaware Corporations, whose charters have become void by operation of law, the sum of $632.360.40. All of this money could not have been collected by any method prescribed by existing law. The payment of a large part of this sum could, however, have been enforced if there had been adequate law for it. Much of this sum can still be collected if you shall, at this session, make due, proper ́and apt provision for it. Bills will be submitted to you, at this session, which, I am.advised, will enable the State to fully enforce its rights in the matter. This is most important for your consideration and action, as the expenses of the State are naturally bound to increase from year to year, and to meet this increase, additional revenue must be provided. The third subject matter mentioned in my said proclamation is "To ballot for and elect a Senator of the United States to fill the vacancy now existing in the representation of this State in the Senate of the United States, in accordance with the provisions of the Acts of Congress touching the same." The Constitution and Laws of the United States provide for, require and demand full representation from each of the several States in the Senate of the United States. Under the provisions of the Constitution of Delaware the duty is imposed upon you to carry into effect the provisions of the Federal law on this subject. The performance of this duty now rests with you. Governor. Mr. Sparks presented a joint resolution entitled: Senate Joint Resolution No. I. Providing for an adjournment of the General Assembly until Monday, June 11th, A. D. 1906, which on his motion: was read. Mr. Sparks moved that the joint resolution be adopted. On the question, "Shall the joint resolution be adopted?" The yeas and nays were ordered, which being taken, were as follows: Years-Messrs. Barnard, Houston, Lingo, Mendinhall, Moore, T. C., Pennewill, Sparks, Sterling, Mr. Speaker pro tempore. Present but not voting-Jefferson, Monaghan, Rose, Smith. So the question was decided in the affirmative, and the joint resolution having received the required constitutional majority, was declared adopted. Ordered to the House for concurrence. The following notice was read: Mr. Moore gave notice that on to-morrow or on some future day he would ask leave to introduce a bill, entitled: "An Act proposing amendments to Article 9 of the Constitution of the State of Delaware concerning corporations." Mr. Moore, Chairman of Committee on Rules, moved that the rules of the last session be adopted excepting Rule 24 which should be made to read "a majority" instead of "two thirds vote of the members present." On the question shall the motion be adopted. The yeas and nays were ordered, which being taken were as follows: Yeas-Messrs. Barnard, Houston, Lingo, Mendinhall, Moore, T. C., Pennewill, Sparks, Stirling, Mr. Speaker protempore. |
