Evening journal., 1909-01-07


mission and suggest that laws be early
enacted TO carry them into effect.
War Claim Of 1912.
Much credits els due the attorney-gcn-
eral Of this state for the efficient work
and arduous labor involved in establish
ing. and finally collecting, the claim grow
ing out Of expenditures for the general /
defense of the Federal government during /
the war with Great Britain in tSl2.
This fund was collected pursuant 10 /
chapter 36G. as amended by chapter S6l |
Volume 10, Laws Of Delaware The net
sum turned into the State treasury was
S62. .437.sS which is now credited TO the
general fund. The expenditures for gem
eral defense made by this State during
the War Of 1872 were mainly derived from
funds secured by loans to the state and
the sale of interest bearing securities
owned by the State 1 strongly urge the
wisdom OF conveying this money TO
sinking fund. and recommend the enact
ment of appropriate legislation 70 estab-
lish such fund. and a sinking fund COM
mission TO be composed of certain State
officers whose duty It shall be TO invest
these funds and other funds hereafter OBJ
/ tained for the purpose Of extinguish-
/ ing our State debt
Education.
"The enactment OF the compulsory
school law by the General Assembly two
years ago was an important and admir-
able movement in the direction of estab-
fishing our school system upon a wiser
and more advanced basis and I'm the recog-
milton of that principle Of economy which
holds that each unit of public expenditure
should produce corresponding unit Of
benefit.
''The experience of the past two years.
however. has demonstrated that certain
notifications of said statute are necessary
to render it more efficient and more cer-
tain. recommend the enactment of such
amendments to said statute which will
remove the defects and render said law
effective The report of the State Board
OF Education is herewith presented. I
suggest that you take into consideration
the several recommendations therein
made.
Code.
.Fifty-six years have elapsed since the
enactment of a code of laws of this State
The codes of 1873 and 1893 were mere re-
visions of the 1852 code.
"The State needs a new codihcation or
our laws which shall include all the
general statutory laws of the State and
, which shall conform in classification OF
r subject matter to that with which the
? public has become accustomed.
l Many subjects in the present code have
= been in part repealed, re-enacted, amend
: ed and supplemented so often that mex
tricable confusion now prevails and even
the abest and most careful of the attor-
3
opinion in relation thereto and advise
q only with feeling Of uncertainty This
condition is repugnant TO the sense OF
= right dealing between the citizen and the
2 state since everyone is supposed 10 know
the law. II attorneys hesitate, how should
4 the lay member Of the community be ex.
. pected to know the law? This work OF
4 codification IS of such importance that
i would suggest the appointment Of a COM
mission OF three or five of the ablest attor.
d neys of the state for its accomplishment
I recommend your careful consideration
- OF this matter
I Publication Of Laws.
!. "In the interest of the public desire t.
call your attention to the importance o
providing proper legislation 10 secure tn
!, early publication of the statutes.
l. 'The speedy issuance Of the volume O
s the laws is most desirable. The public
l. entitled to NEd should have the law
a as early as practcable-the cArlier th
e better Methods of publication Of law
IL in sister states may be reduced to tw
Ie classes. viz: the publication Of laws in tn
d chronological order OF approval and tn
le publication of laws according to an auth
N orized classification of subject matter
% Delaware for about half century has 70
m lowed the latter course. The larger pre-
m portion Of the leading and Representative
ID states follow the chronological method
le 1t is manifest, on rehect'sO. that delay !
presenting the printers copy to the pull
fishers is necessarily incident to the elias
b, sifcation method for the reason that th
- classification cannot be completed unit
n, every law shall have been approved or no
IN approved by the executive. IT is equal
-, obvious that the chronological metho
80 does not necessarily involve such della,
~ on tho contrary, this method would enab
the publisher to begin the work of pul
lication Immediately upon the approval {
y. a statute and tho printing would be mca
:. urably coincident with the approval
the laws I am OF the opinion that speed
issuance of the bound volumes is sacrifice
!, for uniformity of arrangement of Law
~ pursuant to tho code classification. TIL
sacrifice IS not justified by the benef
to be derived from said uniformity Of a
rangement. Indeed all the advantages
e classification can be secured by arran
~. ing the chapters of the volume in accor
ance with the familiar divisions Of OF
' code. in a table at the end of the volum
'' / recommend that appropriate legislati'
=" -e PASSED at this session TO effect Ill
~ purpose.
a. Special La.ns.
10 so far as possible general laws shou
n0 be enacted to take the place of speci
ID laws. often carelessly drawn which wou
TO- enable those interested TO proceed ther
IA under II they desire to avail themselves
ne the provision of such general law. A &c
,0- eral law for instance. for the erection
me renewal Of municipal corporations of Z
Vi several classes into which the towns al
lul cities may be divided, could be enact
whereby the several towns and cities m
be able 10 secure every reasonable pow
my necessary This would relieve the Genei
As Assembly of nearly 50 per cent of I
ion actual output Of its biennial session.
au- the same time It would relieve the sevei
ldy communities of impostions and burde
on, which the Legislature has been Undue
by unwittingly to impose upon them throu
eff amended charters, reineorporations a
the renewal Of such town charters. Numero
anN