Evening journal., 1892-04-28
BAR TAKING ACTION.
New Castle, Kent and Sussex Lawyers
10 Ask for Retirement Of Judges.

chief Justice Comegys and Judge HOus-
ton the ones OBSERVATION-DISCLOSURES
Donanoe's OpiniOn--rhs Constitutional
Proylsion.
The lawyers Of New Castle. Kent and
Sussex counties will in all probability
unite In asking Governor Reynolds to
call special session Of the General AS
sembly TO make srrang sments for the re-
tirement OF Chief Justice Comegys and
Associate Justice Houston, who are in
capacitated by bodily infrmities brought
on by old age and many years of able and
faithful servics In the courts of this
state.
During the February term of court the
EVENING JOURNAL noted the growing
dissatisfaction among the lawyers here
and stated that they would probably ask
for the retirement of these two honorable
Judges Sincs February that feeling has
beea steadily growing until the bar here
is almost unanimous for such action ana
the bars of Kent and Sussex counties
may be said to be with thin.
THE WORK FORMALLY BEGUN.
The work among the lawyers of New
Cattle county is practically completed
Wilu luo oAtcVbAlu VI uhuAuk tOhA-
mittse. For several days q well-knownIat
torney has been circulating paper among
his fellows, with the endorsement Of
Hon. Thomas +. 8syard and others, con
tanning the proposition that COM
mittees Of the bars of the three
counties be appointed and meet
to consider the advisability of asking
Governor Reynolds to call & special ses-
sion Of the General Assembly for the
express purpose of passing an act re-
tiring them and an another ast provid-
ing salary for them for the rest OF their
lives. This proposition has met with al
most unanimous favor. II was not
signed by those endorsing It, but the
word OF honor was passed along the line.
Similar agitation is being made in the
two lower countiss
TIE WAY TEE MATTER STANDS.
1t must be clearly understood that this
action is mob sg INST the two judges per-
sonally. They are both prime favorltes
with the members Of the bar aud their
marked ability has always been resog-
niEed The agitation is made in the
name Of public safety and the admins
trAtion Of justice.
Judges Grubb and Cullen are two
active Judges. Chief Justice Comegys
has been confined to his bed since the
last November term Of court. BE Was
not able TO stay in Wilmington for the
civil business OF that tern, his inn
provement has been so slow that the
February term found him still unable to
come here, aud the prospect now is that
he will not be able to come here in May.
The lawyers are positive that be will
not
Judge Houston broke down during the
Eahvrsarw and L. I'D fLaf
his mental aud Bodily vigor are giving
away 80 rapidly that he will never be
able to resume hie seat on the bench
This only leaves Judges GrubS and
Cullen qualified to sit in this county on
capital cases, where three judges at least
must sit. Judge Grubb cannot sit ia the
Court Of General Sessions of the Peace
aud Jail Delivery and the Superior
Court Of this county and Judge Culleu
cannot do anything but call and adjourn
court by himself. Kent county is better
OF because Judges Grubb aud Cullen can
hold a court there. with the exception
Of capital cases. in which one OF the
other stricken judges must cit TO give
quorum.
Judge Grubb Is the only one who car
SIT IN SUSSEX uuder existing conditions
except in capital cases. wherein Judge
Cullen may sit. bat boJh are powerlesi
TO act
CRIMINALS NAI BE LIBERATED.
The condition Of affairs In this county
where the great bulk Of criminal anC
civil business is done, Is startling
Seven capital cases must be trieC
or the prisoners released, as, unde
the constitution, the state cannot hols
a man more than two terms New Cas-
tie all is full of prisoners, and il man,
OF them are not tried at the May tern
they will be turned loose upon the com
munity.
Civil business is accommodating an,
both lawyers aud clients ars impatient
Many OF the civil cases being on tn
docket may be attributed to the LAWYER
themselves, as the percentage Of ''con
tinuances" is always large when the tria
list is called.
THR JUDGES ARE POOR.
The judges salaries are so small II
this state that they have practically n
opportunity to lay up a competency for
rainy day, and this fact is fully appre
ciated by the friends Of retirement.
THE RELIRF BILL KILLED.
During the last General Assem- bl
Senator George Gray, Hon Levi G. Blr
and Colonel Benjamin Nields drafted
bill allowing the judges to retire on 81, so
year whenever they recognized tina
their physical in6rmities we're such tha
they wsre unable to perform the funs
tions Of ofiee
The bill was taken to Dover, and tn
three men named went to Dover, shove
the necessity for such al act and advO
Gated the passage IL was reporte
favorably In the Senate and whel
put to \ vote. Senators Williams an
Hall opposed it, claiming that II tn
judges retired at all they should rstir
without pay. The vote was a tie an
Speaker Donahoe east his vote for th
bill, passing it. For this he was criti
cised At the time
The bill vent into the House, but wa
killed by the Grange influence that hel
such strong hand in the lower bod,
The death Of the bill only deel
ened the conviction OF the necsssit
for the passage Of such a measure o
March %, 1891, Messrs. Gray Bird an
Nields went to Dover with amendment
reducing the sum, but they would n,
work.
II the effort nov on foot to call
special session. falls through, there ca
be no relief until the regular sessio
In the spring Of 1898.