Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-03-25
CONSTITUTIONAL CONVENTION.
Further Consideration of the Report
on the judiciary.

| OF tne JuuiCtdrys
! Regulation for flie Removal of the Judges
the Question OF Residence = Amendm ent
| With Respect TO the Politics of the Law
| Judges.
| Stan cdr,esnondencc of 6sze.te and Journal
Dover. March %; The ssseion of the
constitutional Convention yesterday
morning accomplished little, because
Mr.. Sprnance, immediatoiy after the
body assembled. introduced motion.
which was passed, to adjourn until 9
| p. IN.
| The further consideration of the re-
| port Of the committee on the Judiciary
was tho fret business taken up in
committee Of the whole 10 the after
noun. Section 80 was called and upon
motion OF Mr.. Spruance it was passed
over.
Mr.. Herring offered q substitute for
section 81 requiring that justices Of the
peace be elected instead OF appointed,
but alter considerable argument II was
concluded that inasmuch IS the con-
tirmation OF such appointments required
a three-tif vote ia the Senate the
amendment was defeated by vote of
ID to 9. .
Mr.. Martin Offered an amendment to
the last clause of section 81, which
makes tho term of Justices six years,
which limits tho length of term to four
years. Mr.. Bearne thought five years
would DO better, but the committee
agrood with Mr.. Martin and Justices
will hereafter be appointed for four
years The vote was ii to 4.
The section proyiding that the
Governor by and with the cnnsent of
three.fifths of the Senate, may appaint
such justices OF the peace and judges
of the court provided for by the Con
stitution or by law, and for the filling
OF vacancies afterwards occurring, was
adopted. Il
, AS TO the removal Of Judges and JUS,
tlces OF the peace, provided for in sec.
tion W, 1T was suggested by Mr.. Spru.
ance that while be would offer no OBJ.
lection ut present to the adoption of
the section IL might and probably would
ba found necessary 10 make alterations
later. The section was adopted,
! The section referring to the duties OF
the registers OF wills was fayorably
received and adopted by the committee
without discussion.
Section 80 was obiented to by MIR.
Biggs, who desired that there should
be made come provisions or guardians,
but the convention accepted the recom-
mendation Of the standing committee
and adopted tho section as printed.
The final section (36) accustomed no
discussion and was adopted by tina com
mittee, after which Mr.. Biggs called
for reconsideration OF section II,
which he had amended by giving guar
dians the right OF appeal in orphans'
court matters to the supreme court Of
the county, which shall have final
jurisdiction.
Section 2 was then reconsidered, and
there was considerable discussion upon
the question OF the residence of Judges,
the opinion being expressed that tho
phraseology in the original section was
not positive enough. Mr.. Spruance
offered an amendment which provided
that "thsy shall be resident judges
and one OF them shall reside in each
county. This was adopted and the
committee then adopted the section as
a whole. Mr.. Hearne called attention
to the fact that there was no provision
requiring the Governor to select judges
from the members of the bar of the
State. and the vote by which the sec
tion was adopted was reconsidsred and
the words who shall be learned in the 4
law" were inserted. -
Section g was amended 80 as to pro-
vide that the courts shall consist of
three of the five judges, but no more
than three of them shall sit in any of
the said courts Two judges are to
constitute quorum except in the court
of oyer and terminer, where three shall
be necessary.
THIS completed tho report except in
respect to the last three lines of Sec
tion 3, which were passed over last
week. They are:
The said appointments shall be auch
that no moro than three of the six
Judges, in Office at the same time, shall
have. hosn appointed from the Same
political party
The above had been amended by |
making the word ''sx'' read "fye |
law and the question came up on |
the amendent. Those sustaining the |
amendent claimed that tho office of |
Chancellor should be left out of the
question entirely. q
Tho discussion on this question occu.
pied considerable time, and politics
we're esohewed in tho matter BY many
of those who spoke on the NATTER
by Messrs, Bradford and
Ellegood, both OF whom claimed that
IL made no difference whether tho
amendment was adopted or not, SO far
Is party advantage was concerned.
Tho amendment was carried and tho
section as amended was afterwards also
agreed to.
Section 10 was next taken up. It
relates to the jurisdiction of tho
supreme court Mr.. Biegs objected to
The committees action in changing tho
leotion after it hal previously been
improved and adopted ia COMMITTEES of
he whole. He claimed that the stand
ng committee assumed unwarranted
authority, and raised the point OF order
hat the section In its present shape
vas not properly before the committee
II the whole. The chair decided the
loint well taken, md Mr.. Spruance an,
'ealed. He spoke. for about 10 minutes,
Then Mr.. Biggs called him sto order, II
laiming that the merits of the case
we're not under consideration--only tho
natter of the ruling made by the chair
n tho point of order. jail III
After the discussion had continual
Or some time u motion that the COM,
littee rise was made and voted down,
The motion was renewed that the |
ommittee rise, which was carried, and |
be first report was then reported to !
he convention and referred to com.
iitteo of the whole. The convention {
?. 80 adjourned until 7,aO p. M.