Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-11-19
WAS 1T ANOTHER TRICK ?
A Suspicious Law Passed at the
Last Session of the Legislature.


each recurring session, what is generally
to continue in force private acts that
had become void by reason Of a
failure to have them recorded within
twelve months of their passage. BY
all private acts, the bulk of which conf
prise acts of incorporation and divorces,
must be recorded in the recorders office in
one of the counties of the State within
| twelve months after their passage, or they
shall be void. As this requirement is and
has been continually disrcgarded, the zen
abling act was passed at each session. It
was called IAN Act to Revive and Extend
the Time for Recording Private Acts"
and after preamble citing the above facts,
read as follows:
THAT all unpublished acts heretofore
passed which have not by special acts been
repealed and that have become void on
account of not being duly recorded, in
compliance with the provisions aforesaid,
be and the same are hereby severally re-
newed and re-enacted, and together with
| the provisions therein contained are re-
spectively declared No be in full force, and
all acts and transactions done and per-
formed under the provisions OF said acts
respectively shall have the same force and
effect, and be us valid to all intents and
purposes, as if the said acts had been sew
orally recorded according to law. Provided,
in the case Of any act that has become
void as aforesaid until certified copy
thereof, procured of the Secretary of State,
shall be duly recorded in the recorders
office Of one Of the counties of this State,
And provided further, that no such COPY
of voded act shall be received for record
after the expiration of one year from the
passage Of this act"
Without the change of word or letter
this act was renewed session after session
its last enactment in this shape being on
February 9th, 1880 But at the last session
! it was passed in materially different
shape. Its title was changed so as to read
IAN act to Revive Private Acts and Extend
the Time of Recording the same" and
| without the explanatory preamble Of its
predecessors it starts off with section /, as
follows:
"That all unpublished acts heretofore
passed which have not by special acts been
repealed or become void by lapse of the
time for which they were limited, be and
the same are hereby severally renewed
and re-enacted, and together with the pro-
visions therein contained are respectively
declared to be in full force henceforth for
q like period as that provided for in the
original act, and all acts and transactions
done and to be done and performed under
the. provisions of said acts respectively,
shall have the same force and effect and
be US valid to all intents and purposes, as
|
newed and re-enacted and recorded accord
ing TO law. Provided, that this enactment
shall not take effect in the case of any act
until certified copy thereof, procured of
the Secretary Of State after notice duly
filed in his office of intention to take adj
vantage of the provisions Of this act. shall
be duly recorded in the recorders Office of
! one of the counties Of this State, and pro-
!. yided, that no such copy shall be received
for record after the expiration of one year
from the passage of this act"
This act was passed on February 9th,
1881, Subsequently, on April 2sth, 1871,
another enabling act was passed. similar
to the old one but in somewhat different
phraseology, authorizing the recording of
private acts which had lapsed by failure
to record, and reviying them for the time
originally provided,
WHAT DOES IT MEAN?
What the effect of this law is cannot be
definitely stated, butsome lawyers contend
that it revives and extends for the period
provided in the original law every private
) act of incorporation in existence ut the
time the act of February 9th, 1891, was
passed. The act was introduced in the
House by Representative John A. Tindal
on January 10th, 1891; it was read a second
time and referred January 22d and passed
Z January 29th. 1t was introduced in the
Senate January 3Oth, read second time
) and referred February I'd, and passed Feb
ruary 9Th. During the pendency of the
measure there was no question raised, and
it was accepted throughout as the
''enabling act.h which the Legislature had
/. passed with unfailing regularity for many
years.
AppicKs CLAIMS RENEWAL.
Among the charters pending at the pas
sage of this act was that OF the Oxy-
Hydrogen Company, which was passed
April 3d. 1873, and being limited to 20
years does not expire until 1893. 1t is now
intimated that the main object of the act
was to renew this charter, which was then
, held by ]. Edward Addicks, who attempted
to have the charter specially re-enacted.
but failed. The Oxy-Hydrogen Company's
, representatives have looked into the mat
/ ter, and hold that their charter is safely
renewed for 20years by the act of February
9TH, 1891. They claim to have received
assurance of this fact from eminent coun-
. sci.
WHAT MIR. ADDIcKs SAYS.
! Mr.. Addclss was seen at his office Sat
urday. He states that the enactment Of
February 9th accords to the 0xy-Hydrogen
Company an extension of its charter for
20 years.
Under the provisions of the enactment
he will make due record, as required, ut
the county recorders office previous to
February 9Th, 1892. He expressed himself
as firmly intending to prosecute his rights
|
why he added with a sarcastic
. smile, do you suppose | would do such a
/ thing as make an expenditure of over
100000 here for nothing? / am not frit-
/, tering money away in that manner. The
! | 0Sy-Hydrogen charter extension is sub
stantial fact, duly established by law. It
cannot be upset. And, in addition, you
! may be assured that l have sufficient and
D amply sound loyal opinion for my posi-
, ton"
, MIR. Addicks then, in reply to certain
: questions in regard to tearing up of the
streets and of damage to the work already
accomplished by the Street and Sewer De-
partment in its partial expenditure of the
half million grant for street improvement.
S said that he (Mr Addicksl has been placed
!: in this position by the opposition OF the
, pressed in the numerous published
opinions at public meeting held to con-
slider the question.
at was claimed" he added, ''to be a
! public meeting. But got no invitation
' to be there. | would have been only too
r glad to have met the citizens of Whining
, ton, and would be still, to have down
I right square talk and open statement of
= facts. | have nothing to conceal My
I business ia a straight one. identical in its
! lines with any other commercial enterprise
; in Wilmington. / am here to stay, and to
yindicate myself against all the published
aspersions upon me.
Il am quite willing" he added to the
!. reporter that you 60, as commissioner
/: to Boston and make thorough inyestiga-
/ ton of these allegations OF watering gas
: Stock &c, will willingly pay all OK
i penses of the investigation
1 COUNSEL IS NoN-coMalrTAL.
: A representative of The GAZETTE
: called at the First National Bank Sat