Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-02-09

railway within the city limits" There is
no reservation by the Legislature. in this
charter, of power 10 repeal, amend or
abridge. Consequently the only ything to
fall back on is the constitutional power
vested in the General Assembly to revoke
charter for cause. This raises the queS-
ton:
Does the constitutional power of revoea-
| tion include alteration, amendment or
abridgmpnt?
That the General Assembly can grant
such an exclusive power of eminent do
mnin to n corporation, is held by Mr..
| WOulley to be fully borne out by decisions
| i'll our own courts and when in that char
ter there is not reserved the right to repeal,
amend and abrdge, but simply to revoke,
| II is perfected contract between the state
and that corporation and has all the ele-
ments of a contract, Just as much as q CON
| tract between individuals, and cannot be
| altered or amended at the desire of either,
unless for public health, public safety or
| public morals, but it can be abolished
/ either by the corporation surrendering its
| franchise. or by the Legislature exercising
its constitutional power of revocation in
revOking that franchise, and the Legisla-
| ture is the absolute Judge OF the cause of
revocation of an act Of incorporation.
| The case of the State against the presi-
dent and directors OF the smyrna bank,
| the charter exemption of that bank from
~
| tract which, under the Constitution of the
| United States could not be affected by any
subsequent act of the Legislature.
| The State granted to the F., w. & y. Il.
| X. charter in which il did not reserve the
| power to abridge amend, regulate or re.
| peal. subsequently an act was passed
| regulating tolls on railroads, The railroad
| passed the toll on to its passengers. A man
| named Bowers brought suit to recover,
under this act. tenfod the uvercharge TO
/ which he claimed to have been subjected.
/ The case was carried to the court OF errors
4 and appeals, where Chancellor Bates held
/ that under the constitutional power OF re-
vocation there was not included the right
4 to alter, amend or abrdgc, but that the
| State had TO respect that charter rs II con
tract in every part.
The word exclusive right and privi-
4 lege" contained in the charter are Il term
| OF legal significance which is universally
admitted to mean exactly what it says.
1t follows logically from this Geliverance
| OF Mr.. Woolley, that no competing rail-
way can enter Wilmington, against the
consent of this corporation. This is the
situation. Were the Legislature to grant
the charter asked for by the Wilmington
Il New Castle railway, the existing COM
pany could block work instantly, any
/ where within the city limits Of lS6i BY an
| injunction and that part of the route from
Fourth and Market to the city boundary
of that date, at least, would be void.
But Speaker Whiteman holds that, un-
less the old company comedies what the
Legislature may in its Judgment See fit to
demand, the Legislature may serve notice
upon that corporation to appear and show
cause why its charter should not be re-
voked, and the Legislature is the abso-
Lutte judge Of the cause of revocation
1t is expected that these and other ques-
tions Will be eNhaustivCly discussed, by
both sides, at the public meeting to he
held in Representatives Hall next Wednes-
day evening,
DOVER, Feb. 2.--Very little of public in
terest was done in the House this morning
beyond the formulation, through u joint
committee appointed on motion of Mr..
salisbury, and the adoption Of the mem
orial resolutions given below. Mr.. Sauls-
bury prefaCed his motion by stating briefly
that il was sad duty t0 inform the House
of the death of the late eXChief Justice.
IN MEMORY OF hon. j. r. CoMEGYs.
The following resolutions in memory of
the late eN.Chicf Justice Comegys, drafted
by Il joint committee, were adopted by the
Legislature this morning:
RssoiUef, By The Senate aud House Of Repre-
scnta'ives Of the state Of Delaware in General
Assembly met:
That this General Assembly has heard with
profound sorrow Ot tho death OF the Hon.
Jossph T.. OmegyS. twire Il Representative in
the General Assembly, senator in Congress
from this state and for IL years Chief Justice
OF Delaware.
Il tCtue1, That by his death we have ost an
eminent and hOuOred citizen, whose yoiiOn
10 his state and country have been consuicl-
Gus throughout his long aud useful life.
ReSOi0 d. That aS u marx of respect to his
memory tho memhnr- Of this Genrral As
sembly will attend his funeral in 4 body.
SotDfd, Thn. ns a further mark Of respect
the two houses OF the General Assembly do nd
jnurn from Thursday, February I'd, to Monday
forenoon, February 9Th, Mt II O'Clock.
houses
joint session ia the hail OF the House OF Repre-
Aentatlges at l2.aO on Monday and from there
proceed in body 10 the neral.
THE CONTESTED ELECTIONS BILL.
, In the Senate there was II disposition to
, railroad through the House bill relating to
contested elections, in view of the trial of
the Martin-DiCKey case coming UP before
the superior court in the near future. And
/ it was so railroaded. Under suspension of
the rules the bill was given the regular
: three readings, including reference tn and
report FROM committee, during the morn
ing session, and passed BY the following
vote:
| Ayes-pyle Records, Ross, Watson,
} Williams, Speaker liouston-G
: Noes-Lacy, McMulen. Filings.
"A UNAHIMous JUDICIARY" +.
In protesting against this legislation,
, Senator Pilling got in the first shot at Gov
ernor Reynolds unWilingness to place a
had not even seen this bill; had only heard
of its provisions through the papers, and
! was, therefore, not prepared to say it
, was a bad measure: but it was
We'll understood that il was gotten up tu
meet an individual case and he didn't like
the way il was being hurried through. lie
had no doubt the bill would pass in spite
, of ANYTHING lie might say, but lie believed
this kind of legislation would not fail in
the long run y react upon the party re-
spunsible for it. You have the Judiciary
, there waS a party that could afford To be
magnalinOus, You are that party"
, MIR. Lacy, OIL being asked why he voted
i against the bill, explained that he did 50
, because he had not had opportunity to in
: form himself regarding it; and he intended
/, to stick to this rule. He might, he added,
do wrong sometime in voting on d measure
/ that he believed lie understood. but he did
not intend to be driven, in after life, to
offer the excuse thu, lie did not at least
I think he knew what lie was voting on.
/ TALK or RECONSIDERATION.
r Two or three other Senators voted with
. reluctance on this measure, and there was
some talk during the moon intcrnissiun ol
moving for i reconsideration. They ie.t
that, under ordinary conditions, this
= legislation was unjustilinblc. The question
= that presented itself there was the old ont
y y is 1t lawful u do wrong that good may
Gomez" In other words did the special
u surroundings OF the Martin Dickcy contest
7 warrant this particular measure? IEl
! record of the contestant ayailed to turn
y the scale against reconsideration. Th,
= hesitatlng members We're convinced that il
! would indeed bea misfortune to nave the
y Office OF county treasurer and receiver ol
Fall r,t.s- FttuE