Smyrna times., 1937-03-11
TO GOVERN
STATES SUITS
Bar Association Would Vest
Power in Superior Court,
Relieve Legislature
OPPOSE OPEN DIVORCES

! A measure seeking to have jur-
isdiction vested in the Superior
Court in suits against the state or
counties for injuries sustained
through any unlawful act of a
state or county commission, board,
official, or employee was advocated
by the Delaware Bar Association
last week. The association, meet
| ing in the Hotel DUPONT, Whining
ton, approved tha principle of such
a law, which was recommended by
its general legislative committee,
of which William S. Potter is
chairman. The bill in detail is be-
ing drafted by Stewart Lynch and
James r. Morford of the commit
tee. While the State Constitution
provides that suits may be brought
against the state according to such
regulations as may be made by
law, no law to this effect has been
passed and agrieved persons have
had to present their claims against
the state to the Legislature. The
proposed legislation, which would
resemble the Federal Court of
Claims act, would remove the nee
essity of taking up the time of the
Legislature on hearing claims.
Claims established in court would
be referred to the legislature or
Levy Court of the county for sat
isfaction. 1t is stressed that the
legislature should not have to sit
as court. The association unan-
imously endorsed a bill for estab-
lishment of a separate State Su-
preme Court and asked that Henry
Ridgely of Dover, president of the
association, appoint committee
to consider measure to that eff
feet. James H. Hughes, Jr.. pre-
sided at the meeting. He present
ed the general corporation report
and Mr.. Lynch presented the rec
concentrations of the general legis-
latiye committee of the associa-
tion.
Oppose Open Divorce Hearings
On the legislative committees
recommendation, the association
disapproved lowering of the legal
rate of interest from six to five per
cent as constituting a move con-
trary to good business. Opposition
was also voiced to open divorce
hearings and to proposed bill to
extend the statute of limitations
for personal injury from one to
two years. The association disap-
proved corporation law amend
ment permitting a corporation to
purchase, hold, sell, and transfer
its own stock or voting trust GER
tificates representing such stock,
not to be voted, but approved six
proposed corporation law amend
ments, as follows:
Amendments Approved
Service of legal process on any
Delaware corporation may be eff
fected by serving an assistant sec
retary or a vice-president of a cor
poration's resident agent; to per-
nit merger of parent corporation
and wholly-owned subsidiary with
out vote of stockholders but by the
officers and directors of the parent
company; to empower corporations
to carry out orders of bankruptcy
courts without further action by
the corporations stockholders in
reorganization pro-
ceedings under the bankruptcy
act; to permit change of location
of the principal Office and change
of resident agent by vote of the di-
rectors of a corporation; a waiver
of notice section extending consent
sections of the law to ocver elimi-
nation of meetings where consent
of stockholders is gained; certifi-
Gates or other documents improp-
erly recorded shall be validated.
The members referred to the legis-
lative committee a proposed bill to
permit merger of a domestic corpo-
ration with joint stock companies
in order for the corporation to ac-
quire assets of the latter company
without having to pay transfer
taxes resulting from a sale of as
sets.
NEW CASTLE FARMERS