Evening journal., 1896-12-26


necessary opportunity for prc'racted lit-
CATION in appellate courts. and consequent
delay ana expense. as possible Accord
ingly they want a srong cour. below and
have nttls necessity for the expense and
little use for the establishment OF couls
Of errors and appeals.
This was wisely recognized by John NJ.
Clayton. who. above all men whom our
state has produced. combined pre-eminent |
judicial ability with profound political |
sagacity to a greater degree than any
other citizen in her history I. is need |
less in his presence to detail his extra 1
ordinary gifs. or the conspicuous achieve
ments OF his remarkable career. He
.horougly understood the people OF Della
ware. and their condition, needs, habits
II thought ana modes OF life, in every
section or the stale. In confirmation
acre is his reply in the convention OF
1881. TO Judge Willard Hall: Il am, sir, a
native citizen OF Delaware, with all she
feelings. and II the gentleman pleases
with some Of the prejudices Of shose who
Ike myself have lived AMI loved to live
IN this the land Of their birth. Constantly
p,ingling with them, profess to know
he sentiments and feelings Of these peo-
lie. and to act here as their representa-
1
sense of right. and their honest Jealousy
e inordlnate power for any visionary
,himera which any mans ingenuity can
levse And in their name, / tell the
gentleman that his one-judge system -as
! II Is here stvlad-has twice undergone
heir sentence Of condemnation, that they
| reprobated a much better plan chat OF a
! chancellor ani one judge in each county,
solelv on account Of the very reason
which he now den0unces as mere talk,
In 1870 by removing from the Legislature
al one sweep every man who voted to
,onfer such judicial authority on a single
oerson-and / do not hesitate to add that
mould this much more Objectionable pro
iect be adopted here, IL cannot withstand
he force of their resistance.
rhey unhesitatingly preferred the old
plan Cby their representatives in 1916 and
" their own votes in 1920 to PROPOSE
ion which is not liable to many Of The
! objections which attend this. and on the
ground of the power it conferred upon
judges acting singly. The gentleman will
ind no imaginary scarecrow TO frighten
. aim Il he presses his plan upon them.
such a system as this. sir, never had
! their confidence. and never can obtain 1t.
Harker's Debates, page 400
1 "A y
which Mr. Clayton was facile prineeps, in
both practical statesmanship and personal
leadership, he sought to secure a judicial
J system adapted to the actual and practi-
al, and not the fancied and theoretical re-
luirements and resources OF our people
he sought the useful not the ornamental
he was not a speculative, but a construc
; tive statesman who provided for our peO
! Die as they are in the nineteenth century
and not as they should be-and 1t is to b'
p hoped will be-in the millenial period
= Hence although the judicial system whici
7 lie has bequea.hd to us has not all th'
theoretical charm and harmonious perfec
+ !on OF the Utopian dreamer yet it hai
guccessnully stood the test OF siXiy-iy
b ears Of practical trial and experience a
T. he one best suMed to the situated KRIS
7 he one best suited to the situation, need
}; .n1 means Of .he people OF Delaware
lrge-although repeated efforts have bee
!, l.ade 10 displace / by some diferen. sys
sm.
Whilst. like all human insrdmenta.ities
caamot BE- claimed q 81, Absolutely per
ec, yet. Tor cur stlee and people. as the
L low oxis. and Will PROBABLY continue TO
aeny years 90 come it Is doubtless. wit
S. light modificauOns the best that can b
s ieviscd =, is based, as heretofore showT
m ipon ne three-juige organization in tn
l. courts Ct original common law jurisdi'
le ion and procedure. where sound an
u prompt decision Is especially neede'
s. lpor he obvious and rational theory th1
le hree trained lawyers, as judges. by the
Is ,cmbipcd knowledge and attention. az
ID aasansbly more certain TO decide an
b. question arising, in the hurry OF iur
] -f 9th h1tufn
Is v;.h greater impsrtality, correctness an
le despatch than one such judge, or eve
al wo can ordinarily do.
O. This three-judge system has the sam
b. Ion OF immsmorlal recognition and col
n sinuous adoption in Delaware. From on
o. .arliest colonial period it has been toste
W " experience and maintained with gel
We sral approval by successive generation
Sc II her leading men and thoughtful cit
r. .ens Its principal antagonist, The on
udge system denounced by Mr.. Claytc
's- n the convention Of 1881 as an cbnoxio'
ls' roject. is a foreign Importation fro
rs. other STATES whose conditions and wan
MS are aissmilar to ours. and therefore il
ne applicable ana unneeded here.
'a- Il was frs ably and urg snly adyoca-e
ar in this state by Judge Hall, in the col
ts' ventlon OF 1881. but signally defeated, ui
nS isr the mlsteriul leadership OF Clayto
e. by that conversion. Subsequently, in q
ne convention Of 1852 under the lealersh
~ 4 another New England immigrant
III Delaware. Martin w. Bates, a further {
re- ort was unsuccassfuliy made to suos
u.e he one-judge sys.em for our thre
~ uige one. Upon It's rsjec;.on, an mpra
- icable system founded upon an inAarm
'u- nous two-judgs project-with the vicio
'el ppendage OF an elective judiciary--w
em proposed by that convention The cons
te ution embodying this scheme. upon su
DC Mission 70 the people for ratification, W
zen lecisively rejected by a formidably a
ex' 'erse majority. Thereafter ali furth
ne ericus effort to displacs the prese
me hrse-juige system was abandoned un
8S3, when. owing chiefly to the advar
es' ng age OF some OF our judges. a renew
RAJ ,ttempt 20 do 50 was made by means
les he legislative mode Of amending he CO
"a titution, instead of hy TIA convention
aa method
eel Tha most prominerl leader OF n