Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1898-11-29
JUDGE BALL IS UPHELD
Municipal Court Declared Con-
stitutional.
DECISION HANDED DOWN TODAY

RETURNS FAVORABLE TO d.
VoRcE-NO CASES TRTED THIS
MoRNING-C CORONER WRIGHT
BONDS.
There is no longer any doubt con-
cerning the constituuonality OF the
Court Of this city. To-day
the Superior Court, sitting in extra
session, with Chiel Justice Lore and
Judges Boyce and Pennewill on the
bench, handed down an opinion clearly
the constitutionality OF
that tribunal.
Chief Justice Lore delivered the
opinion. 1t was as follows:
THE exceptions in this case go to
the jurisdiction OF the Municipal Court
OF the city Of Wilmington, the court
below. We are asked to reverse the
Judgment upon the ground that the
new Constitution, which took effect
June 10, 1897, abolished that court;
that therefore, it was not in ex-
istence at the time it assumed juris-
diction Of, and heard and determined
the case.
"The burden is upon the plaintiff In
error to sustain this contention. and 10
satisfy the court, either from the ex-
press language Of the Constitution, or
by necessary Implication from such
language, that that court was 50 abol-
ished. There should be left no Doubt
upon a question so grave and import
ant as this.
I'VE have carefully considered the
arguments and contentious OF the
counsel for the plaintiff in error, and
have examined all the provisions Of the
Constitution relating TO this subject,
having held the case under advisement
since the last term Of this court for
that purpose.
"fAfter the most thoughtful consider
alton we are not satisfied from any
thing that we can find within the four
corners Of the Constitution, or reason
able intsndment thereof, that the said
Municipal Court was so abolished. We
therefore, conclude that the court be.
low was In existence and had juris-
diction at the time that this case wal
heard and determined.
1T is therefore ordered that th'
Judgment below be affirmed"
Tho question OF the constitutionality
of the court arose from the arrest Oh
Mrs. Hartman, Forbes and Constabls
Porter for aseaulting a Polish woman
who lived in a house in Browntowr
belonging to Forbes. They were fined
$50 each. The case was carried NJ
on csrtiorari proceedings, ex-senato'
Anthony Higgins and William r
smalley, representing the convicted
persons, and City Solicitor Conwd thl
Municipal Court. They are defeated
and the fines will have to be paid. II
future there will be no doubt concern
ing the conssitutionality Of Judg
Balls court.
MISCELLANEOUS WORK.
In the divorce case of Florence y
vs.. Samuel G. Fisher, on application o
lH. H. Ward, the court ordered the re
spondent to pay $3.50 counsel fees an
costs.
In the case Of the Huber Manufac
turing Company. d. b. a, vs.. John I
Nelson, p. b. r., and in the case Of Joh
B. Nelson VS.. the Huber Manufactui
ing Company the cases went over o
amendment and demurrer.
On application Of David T. Marv'
the case Of Norris f. Freedman "
., John McGowen rule to enter securii
for costs by December 10 was mad
James w. Lat;omus was, on motto
Of Martin E. Smith, appointed con
missioner to take testimony in the d
vorce case Of Farraday VS.. Farraday.
In the case Of the Wilmington sa'
lings Fund Society VS.. Isaac T. Quigl'
and wife, being a sheriff's sale, Arthl
w. Spruance, representing the defen
= ant, obtained a rule to set aside Il
= sale on the ground Of inadequacy
:. price and insuniciency Of advertis
: ment. The matter will be argued
" Saturday.
Ex-Mayor Austin Harrington W
appointed commissioner to take tes
! mony in the divorce cases Of Abraha
: w. VS.. Bertha f. Cam, and James !
- Mary f. Keenan,, on application
William S. Hilles.
:. Peter L. Cooper. Jr., made a retu
favoring divorce In the case Of FIX
enee II. Fisher VS.. Samuel G. Fish
49, and publication was ordered.
:. ]. Frank Ball made similar retu
!, in the case Of Lena vs.. John K. Cal
! han.
:, In the divorce case Of David j.
y Mary /. Smith. T. Bayard Heisel ma
- his return as commissioner It was
: vOrable to divorce.