Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-04-28


The unfortunate spectacle of Judges
Grub and Cullen disagreeng radically
and, if reports are to be credited antago-
nistically, upon so simple and at the
same time SO vital a matter as the
legality of the attempted arrest of the
Milford burglars on that memorable
early morning train last month when
bullets were flying around so lively and
anxious passengers We're inspecting the
protecting backs of car seats, comes as
another reminder that we must have
constitutional reyision-and we cannot
have II too early.
We believe Judge Grub to be IN the
right legally; as he is unquestionably
right from the standpoint Of common
sense. 1t would be deplorable state
of affairs if suspected felons are to be
permitted to go unrestrained and unre-
strainable until somebody armed with
a warrant can get after them. In so
small State as Delaware the delay in
separable from the procuring Of such
document may often be equivalent to a
license to burglar or murderer to place
himself beyond the reach Of capture.
In the case of person accused Of Il
misdemeanor merely it was long ago
decided by a unanimous bench lin
trial at the old court house in New
CASTLE that no arrest can be made with
out warrant except on sight Of the
Offence itself-but the public safety
imperatively demands that felons shall
not share the immunity Of simple misde-
meanants.
The points, however, that had there
been three judges on the bench yester-
day, the law would have been ex-
pounded one way or the other and the
jury would have known what to do.
And this brings us to the fact that we
can no longer close our eyes to--that
our judicial system is sadly crippled by
the decrepitude Of the bench, and that
the failure Of past efforts to remedy this
makes a change in our fundamental law
respecting the tenure of office of our
judges absolutely necessary.
A strong effort was made 10 get
through the last General Assembly an
act encouraging our judges when inca
pacitated by the intirmities of age to
retire on an allowance which was to be
considered in the light of public
acknowledgment of the valuable service
they had rendered the State; but the
proposition failed to receive the ap-
proyal of our lawmakers There re-.
mains, therefore, only one course to
pursue-to accomplish the desired end,
by constitutional amendment.
1t is painful to speak of this-painful
10 face the truth that men who have
served their State so well should be
overcome by the physical inroads Of
years-hut the reflection can carry with
it no possible discredit to men who have
done their best SO long as their capacity
TO do SO mas continued unimpaired, and
tho time must come to all of us who are
spared to fullness of years to realize
that our sphere of public usefulness is
passing away and that we must make
room for younger and stronger men
Well has he lived who, when that time
comes to him, can look back upon a lift
so well spent in the public service al
the honored members of our bench
whose career of active usefulness is now
drawing to close.
There are other urgent reasons fol
constitutional revision which have beer
dwelt upon time and again, and witt
which all are familiar, but this is Iii,
one that specially impresses us to-day
It is reported locally in THE GA
zETTE, elsewhere, that there is
scheme on foot to nominate Legislative
candidates from this county hostile t,
the calling OF n convention. This mus
not be. We believe that 10 place sncl
a legislative ticket in the field wonld Ii
to invite its defeat. The large vote ads
by New Castle county last May Is
warning that our people will step owe
party lines, if need be, TO obtain con
yention, and to cross their will iii TIL
respect will be to invite disaster. /
there ever was time when every MAR,
and district delegate to the Democrat
county convention should 90 as 4 fricnt
land not an opponent Of constitutions
reform, not as an abstract idea Of som
indefinite future but at the earliest pos
sible day, it is now. We wish wo coul
find language strong enough to impres
upon the men vino run our primaric
the vital Importance Of seeing That il
mistake is made horo--a mistake lila
might cost the Democratic party ii
only New Castle county but tic Unite
States senatorship.