Evening journal., 1896-12-24

relative superiority over the Courts Of
Common Pleas. although its judges still
retained their oyer and Terminer original
Jurisdiction of capital cases, and their SUI
pervisory powers over inferior officers and
tribunals; and notwithstanding that it was
newly given original jurisdiction. co-ordi-
nately with the Court of Common Pleas, of
civil suits and final appellate powers over
the Orphans Court and the Registers
Court.
A judicial system which supplied two co.
ordinate courts Of civil jurisdiction, com
prising nine state judges inclusive of two
chief justices and a chancellor, was neces-
sarily cumbersome and disproportionate
to the limited area and population Of such
4 state as Delaware. Doubtless the pre-
railing feeling I'm regard to IL was some
what akin to that once expressed by a dis
appointed suitor respecting the Court OF
Errors and Appeals Of New Jersey. which
then consisted Of sixteen memhers---that it
was too big for a jury and not big enough
for a mass meeting"
THE CONSTITUTION OF 1851.
Therefore a third convention. called
chiefly for its reorganization. was held IN
1881. which framed the present constitu-
ion and established the courts as they now
exist. Conspicuous among the members of
his convention We're the Hon. John NJ
Clayton. Judge Willard Hall. of the United
States District Court for Delaware; James
Rogers. Esq. an Encouragement of the
itate; George Read, Esq. the grandson Of
George Read, the signer: Judge Dingle Of
Sussex county. the grandfather Of Edward
d. Hearn, Esq. a member Of the present
Constitutional Convention Presley Spru-
lnce Of Kent county. formerly United
States senator. the father Of William c.
Spruance Esq. also a member oe the con-
sention now in session at Dover, and other
prominent citizens of the state. The dis
.ussions of the important questions before
this convention have been published in
Harker's Debates. and evince very great
ibility and afford exceedingly interesting
and valuable information.
BY the provisions OF this constitution
he state judges were reduced from nme to
i've consisting OF a chancellor aad q chief
ustice Of the state. both Of wnon might
eside in any part Of the state. ana three
associate judges, one Of whom must reside.
respectively. in each OF the three coplies
if the state. All shall be appointed by III"
havior.
These five judges were to compose the
following courts; Court Of Errors and
Appeals a Superior Court. Court of
1hancery, an Orphans Court. a Court of
Oyer and Terminer, and Court Of Cen
3ral Sessions Of the Peace and Jail De-
livery. The jurisdiction Of each Of these
courts was to be co-extensive with tho
ri.
leld by the chancellor. and the Court Of
Dyer and Terminer by all the judges. ex-
sept the chancellor The Court Of Cen
eral Sessions. etc. should be composed in
zach county of the same judges and in the
iame manner as the Superior Court.
The preceding Supreme Court and the
Court of Common Pleas were both abol
lshed, and the jurisdiction and powers &C
zach We're consolidated and vested in the
superior Court which was substituted for
them.
The Superior Court should consist of ;nc
chief justice and two associate judges not
residing in the county wherein he court
Is sitting and any two shall be g. quorum.
No associate judge shall sit therein i'm the
county IN which he resides The Court of
Errors and Appeals shall have Jurisdiction
TO issue writs Of error to the Superior
Court and 20 receive appeals from The
'ourt Of Chancery. But IL shall have no
Jurisdiction Of writs of error to the Court
IF oyer and Terminer or TO the Court O,
ieneral Sessions. etc: nor OF appeals from,
he last-named court The determinati,ns
Il each of the two latter courts ore final
md conclusive. Said court upon ,.ri, r.,
.rror to the Superior Court shall con .isr
# three judges at least: The chancellor
Who shall preside; the associate judge. who
)n account of his residence. could not IN
n the cause below; and one Of the judges
Who did sit i'm said cause and who Is desis-
lated by a constitutional scheme OF rota-
ion. There are also provisions fer spaci-
led absences Upon an appeal from tho
'ourt Of Chancery the court shall consist
# the chief justice and three associate
Judges Any three OF them shall be a
quorum.
The constitution further provides that
gheneve- .to Superior Court consider
hat a question OF law ought .o be deciied
lsiors all he judges. they shall have
iowcr in their discretion. upon the appli-
alton Of either party. to direc g. ID 3e
/ oeard before the Coure OF Errors and Ap-
ais. In such case the chancellor and
/ 1ut judges shall compose tAe cou.e. the
'hanc,lur, or. in his absence. the chief
us ice. presiding; and any four Of them
hall b. a quorum.
! In c-l ain rcspec s. as was its pre- leces-
or the supreme Court OF 1925 and 1872.
he SAID ,upsrlor Court is to be regarded
is the Supreme Court q. ,he state C..
-9laware. As such. however. it Is doubt
ss SUI genrls. I. has final jurisdiction
( appeals firm Tho Orphans Court and
ne Registers Court OF each county. D.
. psafosa.vs writs Of certiorar. quo
-. unto. ana nandamus, Il draws 20 IT,
e-l loF raFleN he proceedings or inferior
l''cs,s ana tribunals. u has sole Original
Z fll causes Cf civil nature
en.n iiniaui its iur-s i'-',cn IS. ry
ne eng. -i' l-'aA sxprssslf declared rs
,'-s1,sAsi'4 P'th the ct1-e
IN ~ ~. pc. ana in E--cral ocr.--a-
iau9a. y r1tacs Is ll:a col-t.
- ----,.-- ..e- ~ T. ss-ry county .-
! paf' .i--S. II composed il each; aai
& reco.d1 ars.ss7t Il ea.a sri all Issue,
I fact CT iawer. heard and d,tlrmlasd