Evening journal., 1896-12-26
avENiNG JOURNALA SATURDAY. DECEMBER &C. l8se

= u
vail. then the other judge becomes either
an automaton. as Mr.. Clayton reasoned or
a discordant antagonist
The two-judge Is inferior to the three
judge court In this. II one is absent in the
former II becomes no better than the one
judge tribunal, while. in such case the
threc-iudge court win be equal TO the other
al it's best. Moreover. II one OF the three
shall dissent, there will still be a decision
but II one OF the two do so, there VIII be
none
II Is worthy Of note that In the conven-
lion OF 1852 the respective advocates OF the
one Judge and two-julgc court consumed
the time in arguing that the one was supe- i
rior to the other. but it does not appear /
that they undertook to show that either I
was superior TO the three judge system
which they resolved to discard petito !
princlpn seemed to them. apparently
to be the easier course on that point.
During the current hlf-century each OF
these two projects, Notwithstanding It's
glaring defects has, from time TO time. in
various combinations. been urged by It's
advocates as a substitute for the thres-
Judge tribunal. upon which Mr. clayton
founded our existing system. Blu, as Of
ten as presented and discussed. each has
uniformly been rejected by the people OF
Delaware either at the polls or through
their Representatives On convention as-
scmhlei rs successful rival ON the COM
trary has constantly held l.s place In pub
lie condolences and. In future. as embodied
By Mr.. Clayton in our present system.
with the auxiliary coordinate court which
have described and other minor modih-
cations, viii probably prevail over an COM
poitors
AS thus Improved lt will combine the
merits OF all the three plans aforesaid.
| without the serious faults Of any The
coordinate court viii bc a concession 10
those who desire ono-juige tribunal.
where it is chiefly demanded and exclu-
sivcly needed. Through the system thus
constituted the people of Delaware VIII
posseEs Tho best obtlinable court below
an entirely separate Court Of Errors and
Appeals. and distinct Chancsry iursdic-
tion-thus securing for the present and
tutura the maximum OF benefit for the
minimum OF cost
Mr.. President. l have now shown !
think. my appreciation OF the compliment
tary invitation 10 prepare and read this
historical paper, by discharglng the pleas-
ureable duty Of aiding the Historical
Society OF Delaware TO fulhll it's mission
and design OF collecting and preserving
the history OF our ancient state. made by
the useful deeds and lives OF her foremost
men and wOrthlest citizens. This duty
came to me unsought. and IN a certain
sense undesred. for i have had neithel
the experience nor the time needfnl foi
The research. preparation and presenta-
tion Of so important and extended a sub
lect as the administration Of justice In
Delaware. embracing as II does
more ,han two hundred and fft!
-. years OF ihe continued career OF our reall,
illusrlous commonwealth I have how
: ever IN my Imperfect. but possible way
!, IN view OF the limited time and means a
- command OF late. now discharged my du!
as a member OF this e0cety. and also as
citizen OF my native state whose well
earned fame / cherish and whose true wei
fare I sincerely desire TO promote. Al
\ hough Judge / have not spoken for on
bench. but solely In my character as a pri
ya.e citizen.
y Believing thit the time had at last com
when Il was wis 80 to have the present con
utional conven ion 20 meet and con
= slider what Improvements, N any. wer
~ needed in our fundamental law, lahore
with othlrs 10 secure it In a constitution
" Al way. and voted In favor OF calling Do q
he general election held in 1894 for asce
:, tanning the wishes OF the people on ths
question.
Having done 80. ! now desire as ever
y iitlzen OF Delaware should do to aid % I'll
y Utmost extent the members OF the col
y yention now assembled TO frame for sui
p nlsslon for Ratification to the people who.
'i AGENTS they are the very best fori
lf government that can be devised for th
II general welfare. Hence. In this paper.
NJ IS gsrmane thereto. have here give
= he results Of my own pro.racted though
y ni my exhaustive labors during the pa
81 week.
Re The expression OF one view leads to III
10 presentation OF others and from the pul
y ic discussion and thoughtful comparisl
lt Il various opinions result The truth an
q he wise solution OF governmental prol
-' ems.
oi constitutional convention may prov
A or many long years. boon or bane
li he people Who have summoned A. accor'
% ng as Il acts with or without th1roug
n mparIal and conscientious investigate
ID md deli5eratlon regarding the subjects
oi Is action.
BE- IL is, therefore. important that constai
p and aclvc public interest shall be TAX.
al its proceedings. and that every cit
m zen shall exert himself to aid rs membs
OF vi.h such Information and assistance
e. nay ba nc6diul That the vicNs expires
ii- a Ia this paper viii contribute towa
y, Weakening public interest and diaeussi'
c. 10 this end is my earnest desire n th
n- done 30 viii undoubtedly be valued
n he intelligent, earnest and pubic-spirl
"a gentlemen of the convention, who d
he sire to improve and not 20 impair our e.
ey istng system o. governments in all oi 3
"a [ departments.
ch AS n Beer for the table. "STl
An ECl<LES SELECT" is unsurpasse
te 3rewed with the utmost care by one
M. the most skilled brewmasters in u
,r country. II is especially palatable f
fha cfplf and convaloqponf XQu re-