Evening journal., 1914-09-24
Continued from First Page.

otntf OF lNo. mtUntl1t Niis - b"9o oAN
lieisel was appointed as a member OF
the commission 10 I'll the vacancy. Mr..
Ward and Mr. Heisel have continued the 4
work, and, upon the completion OF the
final draft &lled together the joint
committee, composed Of the committee
on revised statutes of each OF the
'houses of the General Assembly. This
was done In accordance wit the joint
resolution passed at the last regular
session of the General Assembly, in
! 1913 This committee, which has the
same powers as committee sitting
during n regular session of the General
1 Assembly has met with the commits
sioners for several weeks past, and has
gone over. chapter by chapter. the draft
of the code prepared by the commission.
In accordance with the resolution
creating the commission, the COM
missioners have confined themselves
to revision,s codiication and ar
rangement Of the existing laws, with
out in any way changing oraltering
the meaning OF such laws. IL was
necessary, of course, in the progress
Of their work. from time TO time TO
change the phraseology OF the exist
ing laws. in order to codify In a sys-
temauc and condensed form the
statute law as it appeared In the
Code of 1852 and such amendments
to such law as have been passed by
, the Legislature of this State since
the date OF the passage Of that Code.
The commissioners are ready 10 make
| their report, asserting that no change
has been made in the substance of the
j law, although, as above stated, num-
? erous changes have been found neces-
/ sary in the phraseology and form OF
: the law. The final draft as presented
5 by the commission constitutes what,
e in their best Judgment, Is the existing
a law Of the State of Delaware as OF
d this date. with three exceptions.
The first exception is that which
q changes the method Of the partition
, of real estate. The present statute
, law with respect to the partition OF
r real estate is, In the opinion Of the
o Judges and lawyers Of this State, In
4. an incomplete, unsatisfactory and
e confusing condition. More than
o year ago. Chancellor Curtis, in CO.
n operation with a special committee OF
the bar appointed by him, and with
IN the Code Commission. framed the law
. now appearing as Chapter 90 OF the
proposed Code. on Joint Estates and
= Partitions. which confers sole juris'
Il diction on partitions OF real estate
n upon the Orphans Court. This law
= was submitted TO the other judges OF
our state and was printed and dis
tributed generally, and now has the
!, endorsement Of the bench and bar ol
Il the State.
y The second instance of change In
y the proposed Code is the substitution
:. of a uniform law for the States Of Del
y, aware and New Jersey, regulating the
~ taking of fish in the Delaware Rive
and Bay in place of the law of thil
state covering the same subject mat
ter. This is found in the Chapter ol
"Fish. Oysters and Came in the pro
posed Code, and does not differ in an
essential particular from the law
this state upon the same subject tn
law as incorporated In the propose
Code is the uniform law prepared by
Commission appointed by the State
Delaware, acting In conjunction wit
a similar Commission appointed frol
the State of New Jersey. This un
form law was intended to be passe
N in both the State of New Jersey an
the State of Delaware, and was frame
: in accordance with the compact b'
tween this State and State OF Ne
Jersey. under which Delaware wa
ne obligated to pass the uniform legisli
N. ton. New Jersey promptly passe
ho this law In the year 1907. Our leGii
ee lature has heretofore neglected
take favorable action upon this lay
10. Inasmuch as the good faith of each
the States is pledged to the passage
r. such uniform law. IL would seem al
he propriate that Revised Code shoul
,il have in permanent form evidence thi
he this State had fulfilled to the letter /
ne solemn agreement with the State
Of New Jersey.
is The third instance OF change
,e- the law providing for the electic
Of United States Senators The r
MT cent amendmetn to the Constitute
,er OF the United States, requiring u
si- election of United States Senators
Ter popular vote, renders obsolete q
k statute of this State regulating u
,h election of members of the Senate
rat the United States from this Stat
ct In the proposed law providing 4
no this election, the commission h
used as its model the procedure pr
yided by the existing law for &
AL election of Representatives in Co
~ gress from this State. Some Ia
an. covering this subject should be
f;ss cluded in Revised Code, so tn
rbo the Code may be complete in all pa
100 tiCulars. The Jaw, as suggested
80 the commission. is that which see
~. ed to them, after most thorou
80 consideration of the law on the nj
',t subject in other States. most neal
% %amd to adapt itself to the general cC
'a,o ditions of this State.
Az II will be seen, therefore, that
~. the proposed Code. no changes
80 additions have been made in
existing law. except as above in
s Gated, and in these cases the nee
..' slty must be admitted.
s II has been suggested that final
,eoS ton on the Code should be DC
-'V roned until the regular session of
General Assembly, in January. 4!
One of the reasons advanced FOR
kh. postponement of dnal action is TO
Ittee able the general public to examine
e of pass upon the form and substance
nor the Code To make proper invest
and tion Of the proposed Code would ne
sta state the possession OF copy of
lock. draft. copy Of the Code of 1852.
the of all the volumes OF the Laws of
aware. from Volume II TO p.
amount OF work, as well as the exp
of such an examination. would pre-
gton, any examination being made, excep
grove, n very few persons specially inter,
Sep lin particular subjects. Such exam
Z. Mr.. tion would he Of little or no use L