Evening journal., 1896-03-17
THE FIVE JUDGE SYSTEM
How It Works in the State OF
Delaware.
JUDGES wHo HEAR APPEAL oAsEs

JUDGES WH0 HEAR APPEAL OAsEs
An Interesting Interview which Is Full of
Information for Those who DO Not
Know How the Several Courts OF Della
ware Are Constituted-Names OF the
Judges who SIT In the Court of Errors
and Appeals.
II Is not generally understood how the
several courts Of our state are composed,
and even sone lawyers, particularly the
younger ones, are stumped when the
question Is propounded to them. Nearly
every man questioned about the Court OF
Errors and Appeals has to admit his
Ignorance and go to the scale to set his
information.
Believing that full information regard
ing the ms and outs OF judicial system
which has frequently been arraigned by
Edward G Bradford aud other Republl
cans would be particularly acceptable at
the present time, when the provisions
of the State Constitution are under dis
cusslon both publicly and privately, an
EVENING JOURNAL reporter called upon
Josiah Marvel, a young member Of the
bar who Is usually up on such matters,
and asked him for information on the
subject he said.
"rhe judiciary Of this state Is COM
posed of Eve judges: The chancellor,
who is also president Of the Orphans
Court who may be appointed from any
part Of the state the chief justice, who
may be appointed from any part of the
state, and an associate judge from each
oil the three counties, who must reside In
the county for which he 10 appointed
"The present members, as you know,
are Chancellor, Hon. John r Nlchol.
son chief justice, Hon. Charles B. Lore;
associate judge for New Castle county,
Hon. Ignatius G. Grub; associate jadgs
for Kent county Hon. David 7. Marvel ;
associate Judge for Sussex county, Hon.
Charles M Cullen
"These Eve judges compose the mem
bers of the six different courts which
comprise our judicial system: The Court
OF Errors and Appeals; the Court OF
Chanosry; the Court Of Oyer aud
Terminer; the Court Of General Sessions
OF the PeScs and Jail Delivery; the
Superior Court; the Orphans Court.
"The people from our sister states and
even many Of our own laymen. seem
unable to comprehend how FIVE judges
can. interchangesbly, be made into six
courts without tramplng upon each
others toes But see how It works out.
"rhe Orphan Court is composed Of the
chancellor. who is president, aud the
associate Judge who resides In the county
where the court is held Either Of these
| judges in the absence OF the other, may
hold this court and It's decision may be
lappsaled to the Superior Court
4 q a.
county Is therefore composed Of Chancel =
lor Nicholson and Associate Judge Grubb
"The Superior Court is composed of thg
chief justice and the two associate judges
who do not reside In the county where
such cours Is held. The Superior Court
for New Castle county Is composed OF
Chief Justice Lore and Associate Judges
Cullen and Marvel. The decisions OF the
Superior Court may be appealed to the
Court OF Errors and Appeals.
The Court OF General Sessions OF the
Peace and Jail Delivery is composed OF
the same members 80 the Superior Court
with no appeal
"The Court OF Oyer ard Termlnsr is
composed of the chief justice aud all
three OF the associate judges OF the
state, with no appeal The members in
each county are Of course, the sane aud
at present are Chief Justice Lore aud
Associate Judges Grubb Cullen and
Marvel
THE Court Of Chancsry is composed OF
the chancellor alone, with an appeal to
Court OF Errors and Appeals, aud In this
case the Court OF Errors and App esll
shall consist Of the chief justice and thI
three associate judges
New we come to what Is usually
spoken Of as the Court of Errors and Ap
peals. That s ths court TO which an opin
ion Of ourSuperlorCourt may be appealed
and the court which cur lsymsn seem
least able TO comprehend, for the simple
reason that It is least understood. When
a notice OF an appeal is given IN oui
Superior Court you may often hear the
laymen ask What Is the good Of appeal.
ing from the judges who are unanimous
in an opinion to the same three judges
with two others sdded2 There ia ma
jority OF ave. 1t is not even an appea
from Philip drunk to Philip sober. IL Is
simply an appeal from thsmsel YES In
Wilmington TO themselves In Dover.
Bat such is not the case Article G.
section z. OF the Constitution OF the
State provides: The Court of Errors anC
Appeals. upon a writ OF error to Che
Superior Court, shall consist of thre
Judges st least; that Is to say, thu
chancellor, who shall preside; thc
associate judge who. on account Of his
residence did not sit in the cause below
and one OF the judges who did sit In said
cause. The constitution then provides
to prescribe as to which Judge shall sii
with the chancellor and The residsn
assocIsts judge Of the county where tn
trial Is had
For cases appealed from the superio
Court of New Castle county the chancel
lor aud the resident associate judge o
New Castle shall always sit, ana witt
them one Of the members Of the Superior
Court for New Castle county. As q
which one OF the Superior Court tn
2 constitution provides as follows