Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-04-08

ment to the section as reported, which
was adopted, buS'when motion to adopt
the balance Of the section as amended
was before the convention Mr.. Bradford
and others said that they would vote
favorably but reserved the right tc
further amend when the report was
before the convention for final adoption.
The section aa amended was then
adopted by a vote of i5 to !.
Section 2 was adopted after being
slightly amended, but when section d
was called, which provides that cor.
poration not commencing business by
having a bona fide organization in two
years eh8ll haya its charter revoked,
Mr.. Bradford said he would antaeonize
it because in his opinion the section
was unconstitutional, and practically i'm.
paired the obligation OF contructs .It
introduces.n = no said, '.an element of
uncertainty and u cast iron rule which
might impair the usefulness Of corpora
tions that we're really beneficial to the
community. There might be litigation
to prevent within two years the con-
struction of the road or the commence
ment of business
MIR. Salisbury said that If the section
was really unconstitutional, the con-
vention could safely allow the matter to
rest in the hands of those interested for
the purpose Of, testing it's constitu-
tionality. XXX.
Mr. Biggs also questioned the con-
stitutionality Of the section, and in
reply to an assertion made by DIR. Pratt,
the chairman OF tho COMMITTED, that
the provision was identical with that
contained in the CONSTITUTION of Ken
lucky, said that it would be most
dangerous thing for tho convention Of
Delaware to place anyreliance upon the
Constitution of Kentucky, which has
already caused more legal con troversies
IN suits than any, other Constitution
in the Union.
The question being called for the
section was rejected by viva svoce
vote. e ftR EE
Section occasioned considerable
opposition, but beiors d vote was reached
the committee arose and the convention
adjourned until 1920 this morning.
Dover, April 3. The Constitutional
Convention. Yesterday, occupied the
entire day in finishing the consideration
of tho report OF the committee on cor
porations, and the discussion thereon,
protracted though it was. resulted only
in the elimination entirely of some Of
the sections, which the attorneys
present thought unwise. When the
section preventing any foreign cor
poration from doing business in the
State without having one or more
places of business in the State or an
authorized ugsnt upon whom process
could be served, Mr.. Bradford made
vigorous attack upon the proposition,
in reply to which DR.. Pratt said that be
was surprised to hear members of the
advocating the cause of
people outside OF the State in detri-
ment to those engaged in business and
paying tayessin the State. He further
said that il such dispositinna was to
prevail the members might as well
abandon their work and leave the con
vention. @
Wben the question was called up Mr.,
CLARK said he was an agent for certain
hrms and that II his vote was cast one
way 1t would be ah advantage to hin,-
self and detriment to those for whom |
be was agent, and that he felt hound |
TO protect those by whom he was en-
ployed.
DIR. Pratt called attention to the fact |
that other States were not 80 fearful of |
tho consequences and did NOT think |
he members should be SO apprehensive
If the results should they pass any
corporation law and place it in the
Tbs provisions. or many
II them, he said, that have been stricken |
nut are important, and the only one yet
o consider interests every man in the
state and should be supported. II
eel Obliged" said Mr.. Cooper, "in
Justice to my constituents, to vote in
avor Of the last paragraph of the
eport."
The committee on motion OF Mr..
Jooch, arose at 8 10 and reported pro
,ress, without reaching vote. The
then adjourned until Mon
lay at TO- 80, without having reached
'ote upon the final adoption OF section 5.
Dover, April 6;-The Cons titutional
Jon rention yesterday afternoon dis
,osed uf the second report OF the com
nittee on corporations, by defeating
he section which prevents foreign
orporation doing business in this State
Without an authorized agent. Theirs
ras no morning ssssion held. Before
dinurnnent President Biggs, on mo-
ion of Mr.. Bradford, announced the
committees ON "Pbraseology
md Arrangements y Messrs. Bradford,
Jooch, Spruance. Salisbury, Gilchrist
nd Hearne. This committee is to pre-.
ARE and collute the various reports
bus far submitted.
The last section OF the report was all
hat was left unacted upon at the time
I adjournment on Friday, and dis.
ussion thereon began as snun as the
onvention went into committee of the
'hole. iii;
Mr.. Bradford said he hoped tho
lembers of the committee would bear
\ mind that they were framing
constitution which would last in all
reliability for at least % years. He
aid that it was necessary that foreign
operations should be required to have
asident agents upon whom service
onld be made, but aside from this
be believed the provisions
the section were in many ways mis-
hievous. III a foreign corporation, he
lid, performs business for me in this |,
tate, the obligation to pay for it is
pom the foreign corporation. and it
lther has assets in this State or il has
one.
DIR. Pratt said that Mr.. Bradford
ad conceded just what tie COM
iittee bad in mind when the report ]
as framed-he wants to concede
rivileges TO one foreign corporation
nd deny them to another. DR.. Pratt
'uld not understand why principle /
pplied to ono corporation should not I
3 equally applicable to another. and