Evening journal., 1896-12-26

which could still be devoted to holding the
courts in New Castle county, II needful.
The past rate Of increase will In future be
chiefly in New Castle county. and not in
Kent and Sussex Consequently for the
next quarter Of a century at least our pres
ent three-judge system. as now consti-
tuted, will be ample for the requirements
OF Kent and Sussex.
II any change shall be necessary. on ac-
count OF the future growth of population
and judicial business Il will most probably
be in New Castle county alone. How best
to provide for this probable need is the
problem to be solved by our present consti-
tutional convention.
The provision for this purpose which was I
favorably considered few years ago, as / /
have stated was as follows. Retain the |
three judge system In each county as now |
constituted Create a one judge court for
New Castle county alone on account OF its |
rapidly increasing population and business |
Give said court coordinate jurisdiction
with the Superior Court, except as to es-
pocially reserved classes of cases aud pro-
cecdings Allow the cases in this court to
be reviewed on error in the Superior Court
in ana for New Castle county. whose de-
,isions thereon shall be final. Provide that
this coordinate judge shall sit In the Court
! ol llIINlH anu aAlItuie Oh Mliin Nl 'ii'i 10
the Superior Court OF every county, and
that none OF the judges who sat below shall
SIT above I'm error. This VIII mako the
court above sitting on error to said super
lor Court to consist OF the chancellor, pre-
siding. the resident associate judge who ala
not sit below and said coordinate judge
who cannot sit i'm the superior Court AS
the chief justice viii not under this plan
sit in the Court OF Errors and Appeals on
error TO the Superior Court he viii not
then be Ia the incongruous position OF sit-
ting therein In o subordinate relation to
the chancellor but will preside as now,
over the Court of Errors and Appeals on
appeals from the chancellor
II this modification should be adopted IL
will secure for New Castle county the ad-
vantages OF both three-iudge and a one
udge court where alone Il is earnestly de-
sired or needed. II will also supply the de-
mand for a distinct Court OF Errors and
Appeals separate from the Superior Court
II will further enable us to have equity
+ kept separate from law Jurisdiction and
all at no more expense than an adequate
= ne-judge system combined with a separate
g Court of Errors and Appeals and probably
> with fewer judges and less expense In the
u end.
> Tho coordinate judge may also be given,
s II deemed advisable jurisdiction OF Grim
! nal cases coordinate with the Court Of
y General Sessions, etc, In New Castle
&c county. He may also be authorized to have
e Jurisdiction In equity throughout the state,
y Of all such causes and proceedings as the
l. chancellor may commit 10 him, or where
q the chancellor from sickness, absence. OF
any cause is unable or disqualified to SIT
IS The dignity and Importance which would
10 thus be given to the Office OF coordinate
IL Judge. with the salary which he should
m Justly receive would command, as II
h should. the services OF a lawyer OF the
Y highest ability and experience at the bar
3 Such court would also relieve the super
ly lor Court OF much business which Is now
e. improperly imposed upon II and as time
OF advances and the population and transac
w lions OF our people increase, give the su
to ,erior Court and its judges far more tim'
IS Tor attention to the more important case'
of md questions demanding the laborious IN
p restigation and mature consideration or it
nd Judges both in New Castle county an'
e- throughout the state.
re In view of an that I have stated, and o
NJ ar more that may be said, can 1t be rca
'e sonably believed that the one-ludge system
rs is superior to the three-iudge system? N
er so argue is to contend that the one-judg
is the stronger court and the three-judg
e- the weaker one. If this be so, then ough
I'm not its advocates. If consistent, to insis
rt hat the Appellate Court should consist o
tn one judge and the court appealed from o
Ie- three?
in Both the one and the two-judge system
ne are strongest above and weakest below
rt Therefore the fatal error Of their advocate
he has always been that In Delaware, the
le- propose to make the bench stronges
te where it of least use and weakest wher
IS, 1t is most needed. Where they demand a.
ed entirely distinct Appellate Court the
es would compel the entire people OF thi
or state to pay much for what they least need
Where they would have the Appellate
ed Court composed OF the resident judge o
he he one-judge court IN each county, the
an would greatly weaken the former. fo
lb- ,ach OF the said judges in Kent and Suisse
IRE would have but about four weeks per year
of II actual service and experience In thei
nat respective county courts This want q
ate greater service and experience would b
're orejudicial to their efficiency IN the AT
're lellate Court as well as elsewhere.
is In this respect the present systeI
he whereby each of said judges sits outside G
OF ais own county. and especially In conduct
es lng the extensive and various judicial bus
mt less Of the courts in New Castle county
ice IS both more beneficial and more satisla,
Jay Tory to each OF said judges. II thus en-
ill., lbles them TO strengthen. and not weaker
he he present Appellate Court
he By sitting in the courts Of New Castl
nd county instead OF It's resident Judge, the
Of enable the latter to attend whilst sa.
il courts are in session. TO the Orphans Coui
he and other various judicial business whic
in- is OF far greater volume IN said county tina
es- n Kent and Sussex counties; and also
give more thorough investigation and COL
OF iideration to questions In the Court Of Ri
de rors and Appeals.
m In other respects both the one-iudge an
lry the two-judge courts are inferior 10 tt
md three-judge plan. Il is true that they hay
es- been adopted by both the Federal Cover
wv nent and many OF the large states. But
On these the adoption OF the three-judge syi
sn tenn would be far too costly; whilst
&C. Delaware under our existing system eac