DELAWARE. 



307 



Mr. Donney offered an amendment to tho ef- 

 fort that no bills for incorporations cognizable 

 bc-foro tho courts be taken up. 



Mr. Sharploy said that often when divorces 

 wore applied for to tho Legislature that body 

 overstepped its powers. The causes for which 

 divonvs are granted are adultery, desertion for 

 thivo years, drunkenness, impotency, extreme 

 cruelty, marriage under age, and willful neg- 

 lect. Over all these the court has sole charge. 

 The Legislature only has the right to decide on 

 cases whenever tho cruelty has not been ex- 

 treme or something like that. The list which 

 had lust been recited covered all causes for 

 which husband and wife could bo separated. 

 It seemed to the Senator that tho Legislature 

 was going too far when those petitions were 

 granted, when the courts were the proper 

 place for them. As to the adoption of tho 

 amendment, Mr. Sharpley thought that it 

 should be presented in a separate petition. 



The amendment to the resolution was lost. 



In speaking on the resolution, Mr. Cooch 

 said that the Legislature was not prepared to 

 hear the cases fully and prroperly. 



Mr. McWhorter : " There is a strong feeling 

 in the courts of justice that many of the di- 

 vorces granted by the Legislature are illegal, 

 and out of this many questions concerning tho 

 illegitimacy of children and tho settlement of 

 real estate will arise in after-years and be de- 

 cided in the courts. The courts have the sole 

 power to grant divorces." 



Mr. Sharpley : " There is frequent illegality 

 in the petitions for divorce in which the peti- 

 tioner makes affidavit that there is no collusion 

 between him and the other party that is, that 

 there 4s no mutual agreement to that effect. 

 In nearly every case that comes before the 

 General Assembly there has been an under- 

 standing of that kind." 



The resolution was adopted, all the members 

 voting in tho affirmative. 



In the House the resolution was amended so 

 as to provide for summoning one or more re- 

 sponsible witnesses before a joint committee, 

 and thus approved by each House. 



An act was passed requiring a stamp on oleo- 

 margarine to distinguish it from butter. 



An act was passed to regulate the business of 

 insurance companies created by the State. It 

 provided for tho establishment of an Insurance 

 Department and an Insurance Commissioner to 

 be appointed by the Governor, who is to be an 

 expert accountant, and to give $2,000 security 

 for the performance of his duties, which are 

 described in the bill as follows : To see that all 

 the insurance laws of the State are enforced, 

 and to demand from all companies doing busi- 

 ness in the State certified copies of their char- 

 ters, with the names and residence of their 

 agents. "When he deems it advisable, or upon 

 application of policy-holders to tho amount of 

 $10,000, a thorough examination shall be made 

 of tho affairs and condition of any company, 

 and the result of such examination published ; 



and if necessary an expert is to bo employed, 

 to be paid by the company so examined, and 

 the books and papers of such company must 

 bo submitted to the examination of tho Com- 

 missioner. When the Commissioner is satis- 

 fied that any company is fraudulently conduct- 

 ed, and that its accounts are not sufficient to 

 carry on its business, or upon any non-cornpli- 

 ance with the act, the facts are to be certified 

 to the Attorney-General, who is to apply for a 

 rule upon the company to show cause why its 

 business should not be closed ; and the Chan- 

 cellor is authorized in vacation to appoint a 

 receiver, upon sufficient cause shown, to wind 

 up the business of such company. He is to 

 publish annually a statement snowing the con- 

 dition, with the assets and liabilities, of all 

 companies doing business in the State for tho 

 preceding year, in at least three papers in the 

 State, the cost of such publication to be borne 

 equally by said companies. He shall, as soon 

 as possible in each year, ascertain the net value 

 on the 81st day of December of the preceding 

 year of all policies in force on that day in each 

 life-insurance company doing business in the 

 State. He may accept the valuations made by 

 the Insurance Commissioner of any other State, 

 if the same have been properly made ; and each 

 such company is required to furnish him with 

 a certificate of any valuation of its policies 

 made by the Insurance Commissioner of any 

 other State on or before the first day of March, 

 and if such company fail to comply with this 

 demand he is to revoke its authority to do busi- 

 ness in this State ; and if ho shall find that such 

 company is unsafe, he is to revoke its author- 

 ity to do business in the State. Upon payment 

 of the proper fine he is to give certified copies 

 of any paper in his office to any one asking for 

 them. He is to make a semi-annual report to 

 the Legislature of his acts during the two years, 

 and exhibit the condition of the insurance com- 

 panies doing business in the State. All insur- 

 ance companies doing business in the State are 

 to make a detailed report every year to the 

 Commissioner of the actual condition of such 

 companies, which are to be sworn to by some 

 authorized officer of each company. 



An act was also passed to refund the State 

 debt to the amount of $800,000. The debt 

 outstanding consisted of $500,000 in bonds doe 

 in 1885, and $800,000 in bonds due in 1890, all 

 at 6 per cent. These it is proposed to refund 

 in bonds due in 1900 at 4J per cent. The to- 

 tal State debt, at the beginning of the year was 

 $953,000, with no floating debt. If the total 

 assets were deducted from the total debt, it 

 would leave tho assets in excess of the indebt- 

 edness $165,799, with sums due January 1st 

 amounting to $90,858. 



The most important subject before the Legis- 

 lature was the bill to create a Board of Kail- 

 road Commissioners. It provided for the ap- 

 pointment of three Railroad Commissioners, 

 one from each county, with a salary each of 

 $500 a year. The Commissioners have gen- 



