Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1885-09-25

who seized Brown and beat him, when
she went home She was cross
examined by Messra Valland ighaml
and Bacon NJ length, but did not vary l
from her direct testimony.
The jury In the case of James Lefland |
came in at $40 O'Clock with verdict
of not guilty, and he WAS discharged.
All the jurors except those empan eled
In tn is case were discharged from fur |
ther attendance at this term, and at 8. 30 |
O'Clock Court took q recess until 7l
O'Clock In the evening. The jury in
the Brown CASE was discharged until 10
O. 1lock this morning.
THE BvRNINo SESSION.
Court resumed proc eedings nj o.
clock last evening with all the Judges
present 1t was stated that the even
ing would be devoted 10 hearing argu-
ments on the petition of the Baltimore
& Ohio telegraph Company, for q rule
on the Delaware s. Atlantic Telegraph
d Telephone Company to show cause
why a writ OF mandamus should not be
issued, 10 compel the respondent to
place q telephone instrument In the
Off 90 of the relator.
ID. G. Bradford, Ksq. one of the ooun.
sci for the Delaware & Atlantic Tele-
graph s. Telephone Company, argued
that the mandamus should he refused
on the ground that rs the Baltimore Il
lOhio Telegraph Company is a corpora
ltion chartered to do business in the
State of Maryland, he has no rights In
this State which oan be recognized by
the Courts.
He oontended that the charter of the
relator, granted by the State Of Mary.
land January 7th. 1882, authorizes 1t
to construct, own or lease telegraph
lines in the city of Baltimore and
State of Maryland, and nowhere else.
| With such charter, and such only, the
| relator comes in to the Courts OF this
state and invokes their aid by writ of
Imandamus to carry ON its business here.
Mr.. Bradford quoted from several au-
thorities to show that a corporation Is
merely artificial, and has no rights,
, neither can 1t perform anything FUR
ther than what Is conferred upon 1t by
, its charter.
He maintained that the charter OF
! the relator does not grant, neither does
. II attempt to grant, any power to carry
on business outside of the State OF
Maryland, and no corporation oan
| have any power except that conferred
, | upon it by its charter. The object OF
. every company should be to promote the
q objects of their corporation, and moth
ing more. III this company has right
TO own and operate line in the State
q of Delaware under their present charter.
. they have an equal right TO own and
loperAte line in the State OF California
:, and this he contended would be fraud
upon the stockholders.
al He illustrated his argument by say
|, ling that IL q railroad company were
a chartered to run from A to B, no one
q would attempt 10 say that IL had
n right TO extend its road from b 70 {
without Legislative authority. Nc
tState can give any corporation ngh'
:, TO transact business in another State.
q The law of oomity cannot add to o.
N extend the powers of a corporation, ou
Icomity will recognize the power
In granted to q foreign corporation. q
~ lcorporation can therefore carry or
I, operations in foreign States, as long al
20 IL adheres to its charter, for 1t is IL
20 charter alone that gives 1t power u
"a carry on business anywhere. He cites
authorities to show that corporation
n could do nothing. either in the stat
az where 1t is incorporated, or outside O
!. lis. except what It is authorized to do D
ot Its charter, and any contracts mao
contrary TO the powers thus granted ar
); void and valueless.
u, He said the test OF this case was,
o the question should in some way aris
ns in the Courts of Maryland, whether tn
u. IL relator under its charter, granted o
us that State, had any right to operate Il
ID lines. or carry on It's business in tn
ai ~, State of Delaware. He did not thin
sit there could be any doubt what hat d.
no cision would be.
~ Mr., Bradford cited a large number
n jauthorities in support OF his propos
as tions and said this corporation, whic
al had sprung up like Jonah's gourd in
Isingle night, had already invade
;es :s twenty eight States, and he wanted !
m milo know by what authority 1t invaded th
Zoe Zoe State of Delaware.
.or He made the proposition that chart
'n, M, could not confer on corporation an
"a implied power to extend its rignt
hu franchises, and said that he could pr
Az duoe a number of authorities in suppo
~ in of this, but IL WAS 30 plain that
no did not consider it necessary; he theI
az fore submitted that as the relator III
u a'a no power granted by the state
An' Delaware, 1t had no right TO the oene
I on of a writ of mandamus !,
,,, ,on His next proposition was that u
ous Court has no authority to grant ma
OH damus on the application OF the relat
for as both the relator and responde
nou are foreign corporations, this Court
JUS no jurisdiction in the matter.
as He arguei this point at length, a
t@ne @ contented that writ OF mandan
All was an extraordinary proceeuu
,ess and only TO be used when
'eh, ordinary process OF law Wo'
llhg not avail. The true function
sye q writ Of mandamus Is the reheuy
non the abuse of the franchise, granseu
uhu the State, but in case like TINS, WI
oss the relator has no franchises gran'eo
wss this State, no writ Of mandamus
he issued, and would be highly 1mI
srns per. ..a
2rge He contended that this State had
ane conferred upon the relaters any pow
AIter but it could compel it to obey the 10
ouse and If 1t did not, II would be sub]ec
mere a, quo warranto, TO compel IL 10 81
ness nv what authority it does business
ne 8, the State. Thus while 1t is amenapl
they the law, It cannot be reached Dy
lof mandamus He claimed thai rs
her state had never conferred any poWe
had the relator, its obligations are no
hiS the State, but to the indivldua,s
employ it, and while it Is liable :
thout sued by them for a failure to pei
al 1his duty, 1t cannot be reacneo
writ of mandamus. In conclusion
rawn said that the relator only constru
oreo, its lines of telegraph and carried OF
hious business in this city anu otace
i, 80, sufferance. r
taken He closed at . 40 O'Clock, when 7
,rney ;onrned until 10 o'clock this morI
and -
"Lay thy sweet hands In mine,
lsaid. but she only remarked ina