The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1891-04-20
MONDAY. APRIL. 20 1891.


( Hltutt 10 fSSttu III u SGuFb VI ITtOtS
and Appeals, a superior Court, Court
sof chaucery, an Orphans Court, a
sGoArt Of Oyer and Terniiner, a Court
81 General Sessions of Peace and Jail
Delivery, Registers Court, Justices
81 the Peace, and such other courts as
the General Assembly with the concur
renee Of two-tlnrds of all the members
of both houses shall from time to time
eatabtublish.n
SO reads Article ~ Section !, of the
Constitution Of the State OF Delaware.
A question has arisen: Has the Iegisla-
tire q right 10 abolish the Levy Court.
except by two-thlrd vote OF both
& houses Of the Legislature? The Con-
stitution is very plain upon the score
that the legislature cannot establish
any Court except with the concur
renee OF two thirds OF all the members
of both houses" In some things the
Constitution may be very hard to I'M
derstand, but 1t is not hard to under-
stand on this point.
The constitution does not expressly
say SO. yet Il must follow that II no
court can be established except by
two third vote of both houses of the
legislature, no court already estnb
lished can be abolished except By the
same vote.
A case in point and well remembered
was the establishment OF Municipal
Court for the city OF Wilmington. 1t
took the Affirmative of two thirds of
both houses of the legislature to do It.
Can less than that number repeal 1t?
But here another question arises. Is
the Levy Court such court as comes
under the recognition Of Artiely ~ and
Section /, that we have quoted We
say 1t lie, as though not mentioned In
Y the article as q Levy Court it is In
cluded In the general language; "And
such other courts as the general as
eembiy with the Concurrence Of two
thirds Of all the members OF both
houses shall from time to time estab-
ilsh." That seems perfectly consistent
and plain, the Levy Court Is one Of the
general family OF courts.
But the Constitution Is not entirely
silent upon the term Levy Court"
though we have heard some people
say that the words Levy Court" could
not be found In the Constitution.
Such persons have not read carefully
Between the lines, or they would not
say that Levy Court" Is not implied
In Article ", section l, In the language
s'and such other courts" but turning
70 Article VII. section IL, we have 1t
plain and unmistakable In the follow
ing language:
Section IL. No property qualitira-
tion shall be necessary to the holding
OF any office in this State except the
Office OF Senator, In the general assesss.
bly, and the olilcos Of assessor. In,
quisitor on lands, and Levy Court
Commissioner, and except such Offices
rs the general assembly shall by law
designate"
There we haveit. It Is such an I'm.
portant office that 1t is hedged around
by property qualification. That the
Levy Court Is elected by the people,
makes 1t no less court than II ap
pointed by the Governor.
Another question arising is, whether
the board OF Five County Commission
ers contemplated by the Legislature to
take the place OF tho Levy Court, anc
70 perform all Its functions, will not b,
In reality one of the courts OF thu
county. We are no lawyer, but II
strikes us foreib1y that II the office of
Register of Wills Is a court and tina
Office of Justice Of the Peace is a court
and the constitution says they are, the
Board OF County commissioners woulc
also be a court, as such boards woulc
have to exercise judicial power.
At any rate we have quoted whit tn,
Constitution says upon this question
ard our Intelligent readers can carr,
on the discussion at their homes an,
at their occupations as to whether tin
Levy Court is not court within III
meaning OF the Constitution and can
not be abolished except by two.thir,
vote of all the members of both house
OF the legislature. We have not tn
beast doubt now that this iudicia