Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1869-04-15
The Nine Wards Bill.
Argument Of senator Johe g. jackson
against its Z OF. HUT onaitty.

assumption that the 'fninB created muBi |
| necessarily remain forever, subject to its
creator or originator. This assumption Is
not irne. Parents originate offspring, that
Immediately upon. birth have morally and le-
gally the right to life thai tho parent may
not take away. So with private corporations
as all Judicial decisions and long asages
prove, they nfe children of the State, that
may s,nu acquire vested rights which the
sia,e can not impair.
Second. The argument based upon the
SL,te Constitution, is inapp icable, bucause
| the right of revocation Is excepted In case
nf enaclmenis for the renewal Of existing
corporations, and Ut This character are alI
The renewals aud amendments to the city
charter ot Wilmington.
Third. The original charter to the Bo-
rough Of Wilmington was proprietary char
ter, granted in 1910 by patent Of Hon. deo.
Thomas, Lieut.. duverHor Of the ccuniius Of
New G sie, Kent aud SN.seS, and Province
ofPenbs, ivaiia, and all he enactments sincr
that time, extending through long course
Of years, including tue change from borough
TO city, are but amendments, extensions and
additions To the original patent or charter
first granted.
This clearly appears by inspection of the
several acts, and two sections Of the first en-
aclment by the General Assembly in l772 |
still remain In furce.
The rnnst important and larger part Of
these amendments, additions and supple
menis were passed by the Legislature sub |
ject to the acceptance Of the turgesses and
iuhahants or Mayor and Cuunci, or upon
special request, made By the authorities OF
the Corporation.
Fourth. The several constitutions of the
State Of Delaware, 10 wit: of 1882, of 1902
and the last adopted in 1881 all contain this
. provision" The rights, privileges, immu-
mites and estates of religious spciclies and
corporate bodies shall remain us ii the con
stiuliun of This S ate had not been altered
and therefore all the rights, privileges aud
/ immunlies originally held by the borough
: | of Wilmington remain, sd FAR as the euDsii-
tuition is concerned, unafl ctcd thereby, and
must still he the same as formerly except sD
: tar ns :he acceptance by i'd corpuraii m of
i amendments and additions have specially
A | modified and affected those original rights
: privileges aud mmunitcs. bne of the rflain
arguments addncrd by "Dela%are in the
9 "Gazenc OF March 5Olh, IN support of the
> cnnstiiutionali,y of this hill appears there
i, fire tc br Else. sincu the charter contained
Ia ihc Revised Code is not a new charter
but Il codiiication Of previous amendments
!, to the original borough charter and still
containing some sections therpu. unrepealed,
:, and is therefore protected by the clause of
d the constitution .bove quoted from the OPP
eratinn oi any new constitutional provision.
Delawaic asserts in the GuZtte " that
V the existing constitution of this State pro-
Is vitlcs that . no act Of incorporation shall be
a enacted without reserved power of revoca
~ ipn by the Legislatures" but he neglected
" lu notice thai cnactments for "the renewal
g "f existing corporations are, us before
n stated ~ tcially excepted from SAID provision.
Even II it should be absurdly deuied that the
N present city charter is the original borough
charter anne ntfed, must surely he admit
VI ed that II is at least a renewal of the old
-xisting corporation and therefore excepted
ye from the provisions If the last constitution,
,,r and not liable to revocation because of that
provision.
IN Fifth. The Importance of the distinction
II between private and municipal corporations
d aud the judicial decisions founded upon this
he distinction Is not MED but this position
!, Is taken, thai the line of dem ircation be.
~ tween these two classes OF corporations i.
III MT so clearly defined as the friends of thi.
or hill would make appear, but that, snmc mu
~
Wilmington, owning property in water
Ill works, &c.. Issuing bonds and in varou
4, ways exercising the inmuniiies of priyat,
corporation, should he projected in the SAINT
an man.er us corporations mure especial.
re private BY reference 10 "Angel and Anne
ese IN Corporations, it will lie found that thes
-. views have been held and acted upon il
:" case o some English corporations no NOR
'h' municipal in their character than the vii
er, miugtun corporation. Gnud authority CIT
II, also be produced for denying the omnipoten
control If Parliament over the ch irtere
!, 10 rishts of corporations as assumed by De
nc aware"
eed Skin. One of the strongest points in OF
rhr i,t,> ion is the practice OF the Legislature |
~. the past the law, we migI say-Shic
''"e custom, win few exceptions, has cstablishe
and IN passing important amendments to th
ie- charter OF Wilmington only by request {
,c. upon acceptance of the city authorities.
Tie exceptions To this custom will n,
w. affect the argument, ,ecause the pracic
bal acceptance of such amendments by acqu
np essence therein rendered them rffcciual, aI
re- ii remains Ia be proven whether had tbs
hren resisted, they would not have failed
'e" take legal effect.
ssa Lastly. having shown that all the fright
privileges aud immumiiies' IF the o
bnruugh remain intact by special pr,,vlslt
contained in all the several constitutions
the State except such as were express
"'e" surrendered in the acceptance OF amen
meuis, supplements aud additions, il !
the mains a miiter of inquiry whit origin
mmuniiies, &c. have been held that a
A, wrongfuly iuterfered with and trampl
; az upon by this enactment
We hold that the right of the corporate
lions 10 elect its own officers is of that claraci,
,.rs and that in destroying lie office of Add
war man, and arbitrarily legislaing out Of otil
Cuuncimen whose ierus will not utherw
he- expire for years, the Legislature transcen
lis due and legitimate powers. The perm
,louv thug of men 10 vote upon residence
three II unths, ind without the pa, nlent u
oeen city tax, may readily result in giving I
legal control of the city into the hands Of an r
ubi- sponsible population having no abiding
,a.e. terest in her prosperity. II the Legislai'
~ Can thus give the right tn vote on resideI
ohai uf three months, IL Can as readily he redut
Ie es to three days, and an army Of VOTERS
n, his brought rs sham residents at any time
. control for partiztn purposes the governm
'a" of the city. City property might thus
y Tor most hurlfully inierlered with, vested rig
Il dis endangered, the credit of the city damag
earn and her prosperity otherwise seriously je
HI. nrdized As such an assumption of p0
oo' bities seems absurd, we fall back upon
cam safe dictates of common sense aud assn
ucl, d positively that there must exist somewll
NJ IN. ~ conservative power To prevent most
epub- a,,,5 ,',.., ,,,, ,,,,, ,y,r.n,a or uncnn
'riup' ,uiional exelcise Of Legislative p0wer.
Apa have done our best tn point out in what
le evil r'c''nn we Guy m wilmington may iooh
+; the moi some more ahle member to perforn
every duty. We doubt not the corporation wi
to be allie to protect herself ond bring t- adj
r.s,r, cation the arbitrary enactnents Ia this
these m. p.aa,,a.,, H.. ,nn,n.,ad 7
jority. I, Tnomas, Jr ,for Collec or, Ellington
friends ton, for Surveyor, and john Lee Chapn
,sshle for Naval Officer, at Baltimore; also, j
,or m. Fritz, for Postmaster, Mt Reading, Pa
On his A fire broke out 10 the Yellow ia