Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-03-25

judges Of the Superior Court, the Court
OF General Sessions and the Court OF
Oyer and Terminer.
They shall designate those OF their
uumbsr who shali hold the said courts
ir the several counties; but no more
than three OF them shall sit together
in any of the said courts. In each Of
the said courts the Chief Justice whom
present shall preside, and 10 his
absence the senior associate Judge
present shall preside. Two shall con
stitute a quorum in tho said courts
respectively, but one may open and
adjourn court.
Mr.. Biggs took the ground that in no
instance should the court consist OF
less than three judges In any of tine
counties when there are enough at
leisure. He offered the following sub
stitute for the last two sentences In
the above section 6:
'The Superior Court, the Court of
General Sessions and the Court OF Oyer
and TermiDer shall, whenever practic-
able, consist OF the Chief Justice and
two Associate Judges. The Chief jus
tice and four Associate Judges shall
designate those of their number who
shall hold the said courts in the several
counties.
Mr. Riggs threw out suggestion that
| the office Of Chief Justice be abolished.
This met with the approval Of 10th
| Messrs. Spruance and Bradford. The
| idea advanced by Mr.. Bigrs, in the
event of the abolition of ths Office was
TO make the senior judge oD tho bonch
the presiding judge of the court
DR.. Cooper raised the point of tho
| possibility under the six judge system
three TO be of on. political party and
three of the other-ot three judges
belonging to one party being assigned
to try political cases
Mr. Bradford said that such pnssi-
| bility was SO remote that il waa hardly
worth considering. He bslisved that
the judges would have dscepcy and
honor enough not to assign themselves
to try political cases in tho manner
suggested by the gentleman from North
Murderkill.
Mr.. Bigg'a ameniment was then
adopted, and he then offered another,
as follows:
Insert after the word respectively
and before the word "but" the follow
ing: Except in the Court OF Over
and Terminsr. where three shall con-
stitute quorum.
The amendment was agreed to and
the section as amended was adopted.
Sections l and were then adopted,
as follows:
Sec. !. The judicial power OF this
State shall be vested in Supreme
Court, Superior Court, Court of
Chancery, an Orphans Court. Court
of Oyer and Torminer, Court of
General Sessions, Registers Court
Justices Of the Peace and such other
Courts as the General Assembly. with
the concurrence of two.thirds of all
tho members elected to each House,
shall from time TO time by law estab-
lisb.
Sec. 9. There shall be six State
judges. One of them shall be Chan
cellor, one Of them Chief Justice and
the other four Of them Associate
Judges.
The Chancellor, Chief Justice and
ore OF the Associate Judges may be ap,
pointed from and reside in any part oil
the State. The other three Associate
Judges may be appointed from any
part of the State. but no two Of them
, shall reside in the same county.
In case the commissions Of two OF
more of the Associate Judges shall he Of
, the same date. they shall, as soon az
conveniently may be after their appoint
/ ment, determine their seniority by lot,
, and certify the result to the Governor.
The portion of section 3 with refer
ence to the political complexion OF thC
| six judges was passed over, and section
/ was taken Up.
Mr.. Martin favored thu proposition
to pension judges on full pay upoI
| 4
opposed to any such system and die
, not think that judges should be retireC
on pay any more than any other public
Official.
Mr.. Salisbury said it would be hare
] on the taxpayers to compel them 70
six years TO pay retired Judge full
y salary. 1t would mean, he said, tina
: the State would pay double the salary
{ Dover, March a0.-When the Con
a stitutiongl Convention mot ycsterda,
2 The committee uf the whole immediatel,
G took up the second report of the com
j. nittcs on the judiciary. The conAid
Grafton OF the report occupied the bal
E ance of tho two sessions. The onl,
business acted upon outside of com
Il mittee of the whole was tho reception
a and reference of communication from
8 the Wilmington Annual Conference a
! CheBtertuwn in relation to the liquo
x traffic.
y Capt. Daaey withdrew his amendmen
offered on ThurdFay, to retire Judges o.
half pay, after which the section as re
II ported was rejected, and no pension
i will be allowed.
E Section D regulates, among othe
n things, tho salary OF The associate judge
It at least piaces tho minimum at 81. 900
d DIR. Couper wanted the CLAUSE stricke
I, out, saying that it was matter for tn
T. Legislature to deal with. He said tina
'r 100 might appear plentiful now, bu
9 undar other conditions il might eithe
10 he too littlp or exorbitant.
Mr.. Bradford said that the uresen
IN Constitution fixed a minimum com
n pensation. So far as tho Legislature i
ts concerned, he said, there is no tellin
rs what it might do were Huch matte
re- as this left TO its judgment
u Mr.. SpruanGe said that tho interest
IN of tho pcopo Of the State dsmande
4. that tho best talent nbtainablB shoul
al he selected for the judiciary, and it wa
r. also most essential that those on til
% bench should be independent, and fr
to that reason the clause preventing tn
:, reduction of iudge'a salary durin
ID his term was incorporated. lio referre
20 TO the increpsrd rDgE Of livinp in Wi