The Wilmington daily Republican., 1901-11-08
GRANTED
ORDER.

Chancellor Nicholson yesterday after
noon granted restraining order on
Secretary Of State Lay to prevent. him
from removing certain paper. from tho
State to New York.
The restraining order wa' served on
DR.. Layton In Dover last night after he
had made arrangements to take tho pa.
pers and records 20 Now York today, to
submit them IS evidence in litigation. In
whicn the Delaware Surety Company Is
ihvO,vsd.
This..is the first instance Of the secretary
of state being snjoinsd from removing
any records Dn file In this office from the
state, and the action l. tnbeD on behalf Of
the Delaware Surety Co mpany. by former
Judge David 4. Marvol. counse! for the
Delaware Guanantee. Charter and Trust
Company. through whom the Surety
Company was incorporated. The com
panY was capitalized at one million
dollars and has powor to conduct gen
eral surety business in the United Statss.
Shortly after it was Incorporated an
atIadayit setting forth that tho capital
ock had boen paid up was filed with
Secretary OF State Layton. This at1lda
Wit va. signed by l., Martin president
and the secretary Of the Delaware Surety
Company.
Now the company has been involved In
llLlVh'IUu Ill NVW lOEhs OuV VI
charges that the president aud secretary
OF the company perjursd them selves in
swearing to the affidavit that the capital
was fully pailin. This action was taken
after the cOnpiainants had been unable
to discover tho repositories Of the Dolu
ware Surety Company wherein the capi
tai stock was required, and Secretary OF
State Layton was asked ii he would pro
duce the paper in court.
He took the affidavit 10 New York lust
Friday but the hearing was postponed,
and he was requested to produce it
again today, II he could do SO conveniently.
He had urranged to make the trip early
this morning, but tho officers of the
Sue Company were opposed to him
Offering the affidavit In evidence and yes
terduy consulted with David 4. Marvel,
their legal represeb tative in Delaware 10
try to prevent the affidavit and records
pertaining to their company being laken
from the 8 ate.
As a result, Mr.. Marvel applied to
Chancellor Nicholson yesterday for pro
liminary injunction to restrain Secretary
of State Layton from taking out of tho
jurisdiction OF the court the affidavit Of
payment of capital stuck and other pap
els aud records pertaining TO tho delaware
Surely Company that have been filed In
his Office. The chancellor granted 70
strainlng order resurnable on Tuesday
next in Dover hen argument will be
made for II permanent injunction.
Mr.. Marvels reason set forth in his
petition for the injunction is that the
papers described and specified are not
personal papors and cannot be taken
legally.
On complaint that the Delaware Surety
Company might be- doing business Iunlaw
fully in Montana. the governor Of that
state recently ins ructed the attorney gen
eral to investigate the financial standing
and condition o! tho company. The report
of the att orney ger neral to the governor
showed the seure'y company to Lein splen
dln condition. Before the company could
do business in that state. $3.50. 600 was
deposited as surety, and in addition to
that amount of capital, tho attorney gen
eral fonnd that the company had $1,000
O0J in II tiust company in Jersey City. N.
j.. and $3.50. 900 in bouds, the aggregated
capital stock in cash uId bonds being IL.
O1D.GOO,