Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-11-19
WILMINGTON, THURSDAY, NOR 10


does lt Renew the Charter!
We print elsewhere to-day an act Of
the last General Assembly-understood
at the time of its passage to be simply
and purely the routine "enabling act
regularly passed at every session of the
Legislature-which Mr.. Addicks claims
is operative as renewal of the charter
of the Oxy-Hydrogen Company, with
all Its powers, privileges and franchises
Intact and unimpaired for another full
term of twenty years. This raisesa ques-
ton that may figure in litigation, but,
looking at the matter from common
sense point of view, EVERY EVENING
1oes not think there is much in this
claim. TO begin with, if this enact
ment does re-enact the Addicks charter,
1t likewise necessarily re-enacts all
other private charters which had not
expired on February 9th, 1891. Would
the legislature have done this under the
guise of a simple enabling act? To ask
this question is to answer it, and any
court would take into consideration the
circumstances under which the act was
passed and the probable intent Of the
legislature in passing it. At this point,
it strikes us, parole evidence would be
admissible to establish the fact that the
legislature regarded this simply as the
regular biennial enabling act and passed
it as such, and that to construe it as
renewal of all existing private charters
would be to put upon mere verbal in
novations an Interpretation not war
ranted by the language Of the act and
the environment of its enactment and to
degrade legislation to the low level of
trickery and sharp practice.
Again-later in the session, specific
act for the renewal of the charter of the
oxy-Hydrogen Company was intro
duced and, after due consideration,
legislatiyely disapproved and killed.
Here is direct proof that the General
Assembly did not intend to renew this
charter in its integrity. Here is also
presumptive proof that the Oxy-Hyro-
gen Company did not, at that time, re-
gard the enabling act of February as a
valid renewal of its charter-otherwis
why did they come to the legislature
subsequently with special act for that
purpose?
Furthermore, quite late in the session,
he General Assembly passed the fol-
owing-in fact, virtually passed it
twice, the original bill having disap-
peared under very suspicious circum-
stances from the Senate chamber after
or on the eve of its first passage through
! that body after having received the ap-
proval of the House:
No person or corporation shall open or
excavate the bed of any street or highway
in any city. town or village in this State,
for the purpose of laying or placing pipes,
wires or other conductors therein, without
first obtaining the consent of the duly con.
stituted authorities of such city, town OF
village.
Now, while this provision of itself
would probably not work revocation
OF pre-existing rights-supposing any
private charter to give rights paramount
to the public control of streets and high.
ways-yet it is adducible in further eyi.
dence that the General Assembly did
not knowingly and intentionly rehabili.
tate the Oxy-Hydrogen Company in the
rights claimed by that corporation under
its original charter. And, taken in con.
nection with the common sense view
that private grant should not be con.
strued to override public one to the
extent of taking possession Of the high
ways of o municipality for private
use contrary to the provisions Of
the charter of that municipality
contrary to the public's inalienable
title in such highway (only to be
Invested by the people themselves acting
specifically through their duly consti.
tuted agents--as by legislative gran
of right of way to a railroad or cana
company, which is ex-neccssitate {
public and not a private enactmenD
and contrary to the will Of the lnhabi
tants Of such municipality, as expresset
through their duly constituted local Off
cers-a common sense construction O
puplIC IlSllS NuiCh utS Dcell u IlLelu pA
judicial decisions as paramount t
private charter privileges-the provision
we have quoted ought to be sufficient ii
any event to insure the people Of vii
mington the control, through thei
Street and Sewer Department of the
streets Of Wilmington.
Finally, the original charter Of til,
Oxy-Hydrogen Company does not rui
out until April, 1893, and if, in til,
meantime, any serious attempt is mad
to extend its corporate life by such
palpable subterfuge as this, it will, w
think, be entirely within the power anC
the duty of the legislature of 1893 to s.
amend this enabling act as to-not re
woke vested rights-but protect tn,
community against such manifest mis-
Interpretation of its provisions as woulC
seek to wrest ii from its obvious harm
less intent to such preposterous pur
pose as the re-enactment Of all the un
expired private acts in existence
Referring to Maggie Boninger, tn,
Shelbyville, Indiana, girl who is dietin!
on dog-fesh as cure for consumption
the Baltimore Herald expresses q desir
IN see this new remedy tried in that CITY