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Proceedings of the House, 1904
Volume 408, Page 1190   View pdf image (33K)
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1190 JOURNAL OF PROCEEDINGS [Mar. 22

bility of stockholders to creditors of Safe Deposit,
Trust, Guaranty, Loan and Fidelity Companies."

Mr. Godwin submitted the following minority re-
port :

The undersigned members of the Judiciary Commit-
tee of the House of Delegates, decline to concur in the
favorable report on the foregoing bill to regulate the
proceeding in which the statutory liability of stock-
holders in trust companies must be enforced, and to
abate all pending actions at law, and assign the fol-
lowing reasons for an unfavorable report on the said,
bill:

1. The bill is unconstitutional. It does more than;
change the remedy. It destroys vested rights of exist-
ing creditors who have instituted actions at law in that
it requires such creditors to abandon suits brought in
strict accordance with the law, which suit guarantees
the said creditors a full and speedy collection of their
claims and forces them to accept an apportionate, un-
certain and slow working recovery. It furthermore,
under the decisions of the Courts, impairs the contract
made between the creditors and stockholders, in that
it takes away valuable substantive rights obtained by
the contracting parties.

3. The bill is impractical. If passed it would tend
to prevent both residents and non-residents of this
State from loaning money to Maryland corporations,
because of fear that the Legislature of Maryland in
establishing the dangerous precedent involved in this
bill, might again defeat vested rights.

L. ATWOOD BENNETT,
T. L. GODWIN.
Which was rejected.

By the Committee:

AMENDMENTS PROPOSED.

"An Act to add an additional section to Article 23
of the Code of Public General Laws of Maryland, title
'Corporations,' to follow immediately after section
85 L of said Article, and to be known as 'Section
85 L, One (1)' of said Article, relating to liability

 

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Proceedings of the House, 1904
Volume 408, Page 1190   View pdf image (33K)
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