State v. Burris

Citations

• 29 Del. 133
• 6 Boyce 133
• 97 A. 387
• 1915 Del. LEXIS 72

Syllabus

<p>1. Statutes—Enactment—Enrolled Act—Constitutional Provisions.</p> <p>Act Gen. Assem. March 31, 1903 (22 Del. Laws, c. 273, §§ 1-7; Rev. Code 1915, §§ 1020-1027), relating to the powers and duties of the Levy Court Commissioners of New Castle County, as to which the House Journal showed an entry, “Senate Amendment to House Bill No. 96 was concurred in and ordered that the Senate be informed thereof,” but did not show that the vote on the amendment in the House was by yeas and nays, was not invalid under Const, art. 2, § 10, which, as subsequently amended, provides that each house shall keep a journal of its proceedings, and that the yeas and nays of the members on a question shall, at the desire of any member, be entered thereon and that no bill shall pass either house unless the final vote shall have been taken by yeas and nays, and the names of the members voting for and against it shall be entered on the journal, but, interpreted with reference to the amendment, was valid and constitutional under the enrolled act doctrine.</p> <p>2. Counties—Commissioners—Criminal Offense—Intent.</p> <p>Under Act Gen. Assem. March 31, 1903 (22 Del. Laws, c. 273, § 5; Rev. Code 1915, § 1025), making it unlawful for any commissioner of the Levy Court of New Castle County to vote for or consent to the doing of any work or the furnishing of any materials for the county where the cost in any particular case will probably exceed the sum of five hundred dollars, without publicly inviting sealed proposals and giving the contract to the lowest responsible bidder, there is no necessary element of intent, and, if a commissioner, violated the statute, it was immaterial what his motive or intent was.</p> <p>3. Counties — County Commissioners—Offenses — Construction of Statute.</p> <p>Under such provision the_ Levy Court Commissioners, in ascertaining the probable cost of material in any particular case, must be held to have known whatever would reasonably have been known by them in the disc