xt7cjs9h6x53 https://exploreuk.uky.edu/dips/xt7cjs9h6x53/data/mets.xml Delaware United States Works Progress Administration 1937 Other contributors include: Robert C. Lowe (Robert Chapin) and David S. Lander under the supervision of A. Ross Eckler; 6 pages, 27 cm; This bulletin is one of a series presenting state constitutional provisions affecting public welfare; Includes bibliographical references; UK holds archival copy for ASERL Collaborative Federal Depository Program libraries; Y 3.W 89/2:36/D 37 books English Washington D.C.: Works Progress Administration Contact the Special Collections Research Center for information regarding rights and use of this collection. Analysis of Constitutional Provisions Affecting Public Welfare in the State of Delaware text Analysis of Constitutional Provisions Affecting Public Welfare in the State of Delaware 1937 2015 true xt7cjs9h6x53 section xt7cjs9h6x53 .O —..;, Q ).-it) $ I//lv
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  WORKS PROGRESS ADMINISTRATION
__I  HARRY L. HOPKINS, ADMINISTRATOR
 I I• CORRINGTON GILL, ASSISTANT ADMINISTRATOR
Q HOWARD B. MYERS, DIRECTOR
 g , DIVISION OF SOCIAL RESEARCH
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ANALYSIS OF CONSTITUTIONAL PROVISIONS
I • AEEECTING PUBLIC WELFARE IN THE STATE OE
· DELAWARE
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PREPARED BY
ROBERT C. LOWE AND DAVID S. LANDER
LEGAL RESEARCH SECTION •
UNDER THE SUPERVISION OF
A. Ross ECKLER, COORDINATOR OF SPECIAL INQUIRIES
Dnvasncm OF SOCIAL RESEARCH
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PREFACE
, This bulletin is one of a series presenting
State constitutional provisions affecting public wel-
fare, prepared to supplement the State by State digests
· of public welfare laws so as to provide in abstract
form the basis for the public welfare services of the
several States.
The provisions quoted are those concerned
directly with public welfare administration and such
• others as may substantially affect a public welfare
program, even though only indirectly related. It would
be impossible to consider within the limits of this
study every remotely connected constitutional provi-
sion. The indirectly related provisions included,
• therefore, have been restricted to those concerning
finance, legislation, and the methods of constitutional
· amendment.
An attempt has been made, bya careful selec-
tion of the most recent cases decided by the highest
• courts of the States, to indicate wherever possible how
these provisions have been construed. These cases are
included in footnotes appended to the constitutional
provisions shown.
It is hoped that these abstracts will be
’ useful to those interested in public welfare questions
in indicating how State and local public welfare admin-
istration may be affected by constitutional powers and
limitations.
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• CONTENTS
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Incidence of Responsibility for Welfare Program .................. 1
Financial Powers and Limitations ...... . .......................... 1
• Taxation and Assessments ...... ..... ......................... 1
Exemptions ................. . ................................ 2
Borrowing and Use of Credit.... ............................. 3
Other Income ................................................ 4
Appropriations and Expenditures ............................. 4
• Provisions Affecting Legislation ................................. 4
I Constitutional Amendment or Revision ............................. 6
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, Delaware
ANALYSIS OF CONSTITUTIONAL PROVISIONS AFFECTING
PUBLIC WELFARE IN DELAWARE1
° I. Incidence of Responsibility for Welfare Program
• The General Assembly shall provide for the establishment; and
maintenance of a State Board of Health, which shall have supervision of
all matters relating to public health, with such powers and duties as may
be prescribed by law;2 * * *.
II. Financial Powers and Limitations
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A. Taxation and Assessments
(1) state
(a) All taxes shall be uniform upon the same class
of subjects within the territorial limits of the authority levying the
, tax, and shall be levied and collected under general laws, but the Gen—
I eral Assembly may by general laws exempt from taxation such property as
in the opinion of the General Assembly will best promote the public wel-
· fare.:5
(b) In all assessments of the value of real estate I
• for taxation, the value of the land and the value of the buildings and
1 1Const1tut1on (1897), as published in the Revised Code of Delaware (1935), by author-
lty of the General Assembly; with all amendments to June 1, 1937.
where the Constitution dld not provide for the calling of speclal elections ln
certain speclflc cases, the Legislature was held to have the authority to so provide.
The oplnlon stated that "In creatlng a leglslatlve department, and conferring upon lt
the legislative power, the people must be understood to have conferred the full and
° complete power >•= >•< >•=, subject to such restrictions as they may have seen flt to
impose, and to the llmltations which are contained ln the Constltutlon of the United
States.” State vs. Fountain, 6 Pennew1ll•s Del. Report 520, 69 A. 928 (1908).
In a ca·se lnvolvlng motor vehicle regulation the Supreme Court stated that the
police power of a State "ls incapable of that precise definition which may absolutely
indicate its limits, but lt may be said to be the power inherent in the government to
. enact laws, wlthln constltutlonalllmlts, to promote the order, safety, health, morals
 ‘ and general welfare of society. >•< >k >•< It ls a plenary power ln the State coexten—
` ° sive wlth self protection, and ls as broad as the public welfare." Blspham vs. Mahony, {
175 A- 320 (1934). `
2Const1tutlon, Art. XII, Sec. 1.
_ 5Constltutl0n, Art. VIII, Sec. 1.
~ A tax of 1 percent levied on all taxable Income was held valld under thls sec-
tion. The court in its oplnlon stated that the Legislature was not restricted as to
• the subjects which lt might select for taxation. Provisions exempting salaries of
State officers, rentals of real property, and incomes of less than $1,000 were held
_ not to violate the uniformity requirement of this section. The court stated that
such exemptions were a matter of legislative discretion, which would not be disturbed
unless they appeared to be unreasonable and arbitrary. State vs. Plnder, 7 Boyce
416, 108 A. 45 (1919)-
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II. Financial Powers and Limitations-—Continued •
A. Taxation and Assessments——Continued
(1) State-—Continued
improvements thereon shall be included. And in all assessments of the _
rental value of real estate for taxation, the rental value of' the land •
and the rental value of the buildings and the improvements thereon shall
be included. The foregoing provisions of this section shall apply to all
assessments of the value of real estate or of the rental value thereof °
for taxation for State, county, hundred, school, municipal or other pub-
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lic purposes.
(c) The General Assembly shall provide for levying
and collecting a capitation tax from every citizen, of the State of the .
age of twenty—one years or upwards; but such tax to be collected in any
County shall be uniform throughout that County, and such capitation tax
shall be used exclusively in the County in which it is collected.
(2) Counties and Other Local Units
No provision.6 •
B. Exemptions (
(l) ’*‘ *7* * the General Assembly may by general laws ex- •
empt from taxation such property as in the opinion of the General Assembly
will best promote the public welfare.7
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4Const1tut1on, Art. VIII, Sec. *7.
5Const1tut1on, Art. VIII, Sec. 5.
A capltatlon tax for school purposes used within a school district but assessed
by the county was held not to violate the uniformity requlrement of this section or
Art. VIII, Sec. 1 (see p. 1, par. (a)) where It was uniform throughout the school •
district, even though It was not uniform throughout the county. In re School Code
of 1919, '7 Boyce 406, 108 A. 59 (1919).
6Mun1c1pal corporations were held to be legal creations of the Legislature, possessing
only those powers expressly conferred or necessarily Implied as essential to carry
out the purposes of their creation. Boyer vs. Delaware Liquor Commission, 175 A. 522
(1oa4).
7Const1tut1on, Art. VIII, Sec. 1. · ,
In holding that a cemetery was exempt from special assessments as well as from
ordinary taxation the court stated: "Statutory exemptions from taxation are strictly
construed and any doubt is resolved in favor of the public and against the claimed
exempt1on.” Mayor and Council of Wilmington vs. Riverview Cemetery Company of Wil-
mington, 190 A. 111 (195*7).
A statute exempted from taxation the property of any church ”not held by way of ·
1nvestment.•‘ Property owned by a church and used as a school where tuition was
charged was held exempt from taxation as not being "held by way of Investment" since •
no Income was derived from the property. Mayor and Council of wllmington vs. wil-
mlngton Monthly Meeting of Friends, west Street, 153 A. BB (1926). '
A statute exempted from taxation property ”belong1ng to any corporation for
charitable uses." Property vested in a corporation for the support of public schools,
for municipal Improvements, and for gifts to needy persons of a town was held exempt
from taxation under the statute. Trustees of New Castle Common vs. Megglnson, 1 0 n
Boyce 361. '77 A. 565 (1910).
See p. 1, footnote 3. •

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• II. Financial Powers and Limitations——Continued
B. Exemptions—Continued
(2.) * * * all real orpersonal property used for school
purposes, where the tuition is free, shall be exempt from taxation and
‘ assessment for public purposes.8
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(3) Shares of the capital stock of corporations created
~_: under the laws of this State, when owned by persons or corporations with-
' out this State, shall not be subject to taxation by any law now existing
or hereafter- to be made.9
C. Borrowing and Use of Credit
(1) state
• (a) No money shall be borrowed or debt created by or
on behalf of the State but pursuant to an Act of the General Assembly,
passed with the concurrence of three—f'0urths of all the members elected
to each House, except to supply casual deficiencies of revenue, repel
invasion, suppress insurrection, defend the State in war, or pay existing
• debts; and any law authorizing the borrowing of money by or on behalf of
the State shall specify the purpose for which the money is tobe borrowed,
and the money so borrowed shall be used exclusively for such purpose;
· but should the money so borrowed or any part thereof be left after the
abandonment of such purpose or the accomplishment thereof, such money,
or the surplus thereof, may be disposed of according to law.1O
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(b) No appropriation of the public money shall be
made to, nor the bonds of this State be issued or loaned to any county,
municipality or corporation, nor shall the credit of the State, by the
guarantee or the endorsement of the bonds of other undertakings of any
county, municipality or corporation, be pledged otherwise than pursuant
° to an act of the General Assembly, passed with the concurrence of three-
fourths of all the members elected to each House.11
(2) Counties and Other Local Unitslz
No county, city, town or other municipality shall lend
• its credit or appropriate money to, or assume the debt of`, or become a
8Const1tut1on, Art. X, Sec. 5.
9Const1tut1on, Art. IX, Sec. 6.
1OConst1tut10n, Art. VIII, Sec. Z.
• 11Const1tut1on, Art. VIII, Sec. 4.
See p. 2, footnote 6.
12A charter provision l1m1ted the indebtedness of the town of Middletown to IO percent
of the assessed value of all real estate in the town. The town entered into an
agreement to lease pumping and lighting equipment for 1 year with the option to buy
the equipment or extend the lease at the end of the first, second, or third year
· at specified sums. The amount due In rent for the first year was less than the debt
limitation allowed, but the amount payable under the options was in excess of the
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II. Financial Powers and Limitations-Continued ,
C. Borrowing and Use of` Credit——Continued
(2) Counties and Other Local Units——Continued
shareholder orjoint owner in or with any private corporation or any per- ,·
son or company whatever.15 • _
D. Other Income
No part of the principal or income of the Public School ,
Fund, now or hereafter existing, shall be used for any other purpose than
the support of free public schools.14
E. Appropriations and Expenditures
(1) No money shall be drawn from the treasury but pursuant
to an appropriation made by Act of the General Assembly; provided, how- °
ever, that the compensation of the members of the General Assembly and
all expenses connected with the session thereof may be paid out of the
treasury pursuant to resolution in that behalf; a regular account of the
receipts and expenditures of all public money shall be published annu-—
ally.15 .
(2) No portion of any fund now existing, or which may
hereafter be appropriated, or raised by tax, for educational purposes, ·
shall be appropriated to, or used by, or in aid of any sectarian, church
or denominational school;16 * * *.
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III. Provisions Affecting Legislation
A. Regular Sessions of Legislature
The General Assembly shall meet on the first Tuesday of
January, biennially, and at such other times as the Governor shall con-
vene the same.17 °
debt llmltatlon. The court held that the amount payable under the options was not
a "debt" wlthln the meaning of the limitation because the city was not bound to pay
and where there was no obligation there was no "debt." Corhran vs. Mayor and Coun-
cll of Middletown, 125 A. 459 (1924).
15Const1tutlon, Art. VIII, Sec. 8. •
14Const1tutIon, Art. X, Sec. 4.
15C0nst1tutlon, Art. VIII, Sec. 6.
In a case holding a payment by a clty to a private corporation Invalid the
court stated: *'>•< >+= =•= since the power of the state to raise money by taxation is
restrlcted to such uses as are for the public good, lt naturally follows that money
raised by thls means cannot be expended except for the benefit of the public, and
that appropriations of public funds can only be made for those purposes which are •
for the public use.*• State ex rel. Volunteer F1remen's Relief Association of wil-
mlngton vs. Mayor and Council of Wilmington, 134 A. 694 (1926).
l6Constltutlon. Aft. X, Sec. C5.
wConstItutlon, Art. II, Sec. 4. V
Art. V, Sec. 1 of the Constltutlon provides that the general election shall be ·
held blennlally on the Tuesday next after the flrst Monday ln the month of November.
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• III. Provisions Affecting Legislation—Continued
B. Special Sessions of Legislature
He (the Governor) may on extraordinary occasions convene
the General Assembly by proclamation;-18 * * ’?‘.
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C. Powers of Initiative and Referendum
• No provision.
D. Legislative Enactment
(1) No bill orjoint resolution, except bills appropriating
money for public purposes, shall embrace more than one subject, which
shall be expressed in its title.19
 j • (2) All bills for raising revenue shall originate in the
· House of Representatives; but the Senate may propose alterations as on
other bills; and no bill from the operation of which, when passed into a
j law, revenue may incidentally arise shall be accounted a bill for raising
j revenue; nor shall any matter or cause whatever not immediately relating
` ' to and necessary for raising revenue be in any manner blended with or
A annexed to a bill for raising revenue.2O
· (3) Every bill which shall have passed both Houses of the
Q General Assembly shall, before it becomes a law, be presented to the Gov-
ernor; if he approve, he shall sign it; but if he shall not approve, he
 V ’ shall return it with his objections to the House in which it shall have
J originated, which House shall * * * proceed to reconsider it. If,
after such reconsideration, three-fifths of all the members elected to
that House shall agree to pass the bill, it shall be sent together with
the objections to the other House, by which it shall likewise be recon-
1 • sidered, and if approved by three—fifths of all the members elected to
that House, it shall become a law; *7* ’7‘ *. If any bill shall not be
returned by the Governor within ten days, Sundays excepted, after it
{ shall have been presented to him, the same shall be a law in like manner
1 as if he had signed it, unless the General Assembly shall, by adjourn-
• ment, prevent its return, in which case it shall not become a law without
the approval of the Governor. No bill shall become a law after the final
adjournment of the General Assembly, unless approved by the Governor with-
‘ in thirty days after such adjournment. The Governor shall have power to
disapprove of any item or items of any bill making appropriations of
• money, embracing distinct items,2'1 * * *.
_ 18C0nst1tut1on, Art. III, Sec. 16.
19Const1tut1on, Art. II, Sec. 16
 _ · 2OConst1tut10n, Art. VIII, Sec. 2.
• 21C0nst1tut1on, Art. III, Sec. 16.

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IV. Constitutional Amendment or Revision ,
A. By Proposal of Legislature or People.
Any amendment or amendments to this Constitution may be
proposed in the Senate or House of Representatives; and if the same shall
be agreed to by two—thirds of all the members elected to each House, such •
proposed amendment or amendments shall be entered on their journals, with
the yeas and nays taken thereon, and the Secretary of State shall cause
such proposed amendment or amendments to be published three months before ’
the next general election in at least three newspapers in each county in
which such newspapers shall be published; and if in the General Assembly
next after the said election such proposed amendment or amendments shall
upon a yea and nay vote be agreed to by two—thirds of all the members I
elected to each House, the same shall thereupon become part of the Con- • A
stitution.22 `
B. By Constitutional Convention ~
The General Assembly by a two—thirds vote of all the mem-
bers elected to each House may from time to time provide for the submis— ‘
sion to the qualified electors of the State at the general election next ° '
thereafter the question, "Shall there be a Convention to revise the Con-
stitution and amend the same?”; and upon such submission, if a majority . `
of those voting on said question shall decide in favor of a Convention
for such purpose, the General Assembly at its next session shall provide I
for the electionof delegates to such convention at the next general elec- • I
t1on.23 * * * ;
22Const1tut1on. Art. XVI. Sec. 1.
25Const1tutJ.on, Art. XVI, Sec. 2.
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