The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-04-29

eiIhef Cniel JUSTICE ComepyS or Assoc |
clate Justice Houston to resign their
Offices and permit the course of JUS
tire to go on uninterrupted, but ii
{ lis Is to be prevented it must appear
to them as 1t does to the public mind
that this is the only proper course to
pursue.
Both these distinguished justices
were appointed for life tenure of Of
flee, as indeed all justices have been in
Delaware since the formation and
adoption of her constitution, but such
a dilemma under the lite system has
never faced the people OF the State as
now faces them. 1t could never have
been expected that two OF the Judges
of the courts would be incapacitated
at the Same time, and the administra.
tion OF justice thereby become em-
barrassed and blocked.
Generally in the past, when one
Judge became enfeebled with old age
or sickness, there were always two
vigorous Judges left, and thus tho
channels of Justice were kept open.
Now the case is entirely different as it
relates to New Castle county where
the bulk of tho business of tho courts
lies. By a very wise construction of
the constitution the Superior Court Is
composed OF a chief justice and one
associate justice for each county in
the State, making four judges in all.
Another wise provision of the consti-
tuition prohibits the associate justice
sitting In his own county, thereby
guarding against undue Partially.
This still left three judges OF compe.
tent jurisdiction in each county, two
OF whom composed q quorum and
could hold courts,
Even with two Judges, however, the
course of Justice was sometimes in
terrupteu. A case in point WAS the
disagreement i'll the important charge
to the jury last week in the case OF
the Milford burglar, Richardson, at
Dover. A radical difference OF opin-
ion between Judges Grub and Cullen,
resnlted in the disagreement of the
Jury, and the criminal whose guilt is
manifest, will in all probability escape
the punishment no SO richly deserves.
Another case in point is whore at the
late February term, when Associate
Houston was able to sit on the bench
in this county, there we're differences
Of opinion between himself and As5o.
ciate Cullen in regard to tho granting
of some tavern licenses. and the disa-
greement was not settlsd until after
the adjournment of the court, ami the
disputed cases were referred to Chief
Justice Comegys, then as now lying
sick at Dover and unable to appear
upon the bench. No court can Ia
held in either county without the
presence of two judges, and yet as We
have just shown two is very uEsate
number, it would 10 better with ethel
bone or three.
But in tho case OF tho approaching
Gavy court of New Castle County tAt
Lgtions now are that there Wi ne
Q court OF two Judges. hsso
rubb, the most ,Igutoas ais
Ia health of all our il lgca
93utionally incaplei.atel from
- sitting in his own county. Sieb
ncss positively prevents tbs Chic
Justice from being present and tnc
present indications are that asso aiat
Houston will not be present Tor til
same cause. Associate Cullen tile
will be tho only available justice, All
he cannot hold u court alone.
Under the circumstances tlson j
would DO the highest act " patriotism
for either Chief Justice COMegys Q
Associate Justice Houston Or both, {
resign their Offices and permit Guyci
nor Reynolds to appoint Il s4eces-e
that the course of justice may How 0
without interruption.
1t Is with no feelings OF dlssatisfl
ton with either Of these judges tn
this course Is advised. hey arc be-.
honorable men. whose course upon Il
bench for long series OF years Il;
been without a stigma Tho Chi
Justice has served his State in Il
highest law maAiug council of u
nation, ami it IS with Pfiae thut Ii
people revere Associate Houston rs &
oldest eX-GonP Iessndu III tie state !
having served in that body over +
years ago. Idols Of tie people, the
eminent jurists can add 10 faith
lustre TO their fame. They haYcrcaolit
the time Of life when an hJuglll
service must close and mo ptalsIt
"well done, COED and laisAFu. s.
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