DELAWARE. 



205 



In the fall of 1855 Mr. Davies ran for Justice 

 of the Supreme Court, to succeed Robert H. 

 Morris, deceased, and was opposed by Edward 

 P. Crowly and Henry Hilton. No notice of a 

 vacancy having been filed with the sheriff by 

 the Secretary of State, a question arose which 

 was very similar to that in reference to Rich- 

 ard O'Gorman and the Superior Court. It was 

 decided by litigation in favor of Mr. Davies, 

 who had been elected by the popular vote. 

 In the summer of 1855 Judge Davies accom- 

 panied ex-President Fillmore to Europe, hav- 

 ing been the intimate friend and confidential 

 adviser of the latter during his term of office 

 as Chief Magistrate. In the autumn of 1859 

 Judge Davies was elected to the Court of Ap- 

 peals, where he served from January 1, 1860, to 

 1869, being the Chief- Justice for several years. 

 He then entered into partnership with Judge 

 Noah Davis, with whom he practiced until the 

 latter was elevated to the bench. After that 

 time Judge Davies was conspicuous only in his 



fractice as counsel and trustee of the Mutual 

 jfe Insurance Company, receiver of the Erie 

 Kail way, counsel for the American Exchange 

 Bank, and member of the commission to deter- 

 mine the advisability of constructing an under- 

 ground railroad in Broadway. The day before 

 his last illness he sat for many hours listening 

 to testimony on that subject. Of late years 

 he took no part in politics. He served often 

 as referee or chamber-counsel in important le- 

 gal cases. Two celebrated murder cases were 

 before him while he was Chief-Justice those 

 of Cancerni and Burdell the former being re- 

 markable because a trial had proceeded by 

 consent of both sides with only eleven jurors, 

 and on this account the verdict had been set 

 aside. Judge Davies was distinguished for in- 

 tegrity, energy, and industry, as well as for his 

 mental vigor and strength of will. 



DELAWARE. The Legislature of this State 

 opened its biennial session on January 4th. As 

 presiding officers of the two Houses, both called 

 "Speakers" in Delaware, C. F. Rust was 

 elected in the Senate on a vote of 7 in 9, and 

 Reynear Williams in the House of Represent- 

 atives, by a vote of 13 in 21 ; his competitors, 

 Edward G. Bradford, Jr., and John Pilling, 

 having received 6 and 1 respectively, one vote 

 recorded as blank. 



For the State finances and public indebted- 

 ness, see " Annual Cyclopaedia," 1880. A rec- 

 ommendation made by the Governor to refund 

 the State debt in its entirety by the conversion 

 of all outstanding bonds into new ones, payable 

 in twenty years, and bearing interest at the 

 rate of four instead of six per cent per annum, 

 was acted upon by the General Assembly, and 

 a law passed for that purpose. Its main pro- 

 visions are that the bonded debt ($847,000) be 

 refunded in $1,000 four-per-cent bonds; and 

 that the whole loan be disposed of to the 

 highest bidder. 



In the matter relating to the four national 

 banks which do business in Delaware, but re- 



fused to pay the State taxes assessed on the 

 shares of their capital stock, and informed the 

 State Treasurer of their reasons for such re- 

 fusal, the Governor urged the Legislature to 

 determine the question by instructing the 

 Treasurer to commence suits against them in 

 accordance with the Attorney-General's opin- 

 ion transmitted to them with the Treasurer's re- 

 port. A joint resolution was therefore passed 

 by both Houses, appointing a special commit- 

 tee " on arrears of national banks." 



The system in Delaware which gives no sal- 

 ary to county officers, but compensates them 

 for their services with the legal fees paid by 

 the parties with whom they may have official 

 business, is regarded as unjust to the public 

 servants, " because they are compelled to ren- 

 der a considerable gratuitous service," and the 

 fees prescribed by statute, in many instances, 

 are never paid by the parties liable therefor. 

 This result caused complaint and dissatisfaction 

 on the part of the officers concerned ; and, as a 

 remedy of the evil, it was proposed to pass a 

 law authorizing the payment of such officers, 

 as far as practicable, by annual salaries, pay- 

 able monthly, commensurate with the labor 

 performed, in lieu of the fees pertaining to 

 such offices ; the fees now by law taxable by 

 euch officers to be by them taxed and received 

 as heretofore, and paid to the State Treasurer 

 such law to take effect as the terms of the 

 present incumbents expire. 



The public schools in some of the rural dis- 

 tricts being usually closed earlier in the year 

 than elsewhere, apparently from lack of means 

 to keep them open for a longer time, a consoli- 

 dation of those districts was proposed, and 

 also that an amount of money should be an- 

 nually levied, sufficient to keep the schools of 

 each district in operation during eight months' 

 time. The Legislature provided for this by 

 enactment of a law entitled "An act supple- 

 mentary to the existing law in relation to 

 free schools." It directs the Governor to 

 appoint, in addition to the Superintendent of 

 the Public Schools, an Assistant Superintend- 

 ent, the term of his office being one year; and 

 fixes his annual salary at $800; that of the 

 Superintendent at $1,500. It provides also 

 for the establishment of a State Board of Ed- 

 ucation, which is to consist of the Secretary of 

 State, the President of the Delaware College, 

 and the Superintendent of Public Instruction. 

 The act further provides that, besides the sums 

 voted by the people of each school district for 

 the support of their respective schools, taxes 

 for each school district in the three counties of 

 the State shall be levied and collected annually 

 in the month of April, and distributed among 

 the school districts in the proportional sums of 

 $160 for each district in New Castle County, 

 of $125 in Kent County, and of $60 in Sussex 

 County. 



The Governor called the attention of the 

 Legislature to "the open and unblushing bri- 

 bery and intimidation alleged to have been 



