Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-06-22

word 'established'' was added by
section 30 of article of the present
one, as we'll as other offences
enumerated therein, together with
power to the Legislature to prescribe
still further misdemeanors, in addition
to those enumerated In said section 10
article q. For by thus adding the
word established, it thereby became
possible for the General Assembly
thereafter to give to any such con-
tinued pre-eSisting statutory courts
additional jurisdiction of offences not
enumerated in, and conferred upon it
by virtue of said section 10 article 9 of
the late Constitution.
We fail to find in section / of
article OF the present Constitution,
when carefully considered in CON
neotion with the other provisions OF
said instrument, any expression or i'm
plication inconsistent nd-irreconcilable
with our foregoing view of manifest
and prevailing constitutional intent to
continue the existence and said juris-
diction of any such inferior courts
lawfully established and legally exist
ing as aforesaid.
This section is as follows: "Section
]. The judicial power of this State
shall be vested in a Supreme Court, n
Superior Court, q Court of Chancery,
an Orphans Court, Court of Oyer
and Terminer, a Court of General SEES
sions, a Registers Court, Justices of
the Peace and such other courts as the
General Assembly, with the concur
renee of two thirds of all the Members
elected to each House, shall from time
to time by law establish. - a
Ordinarily the word ''shal" in the
clause shall from time to time by
law establish" might be deemed, If
said section were considered alone, to
import future operation only, and to
imply that judicial power could be
vested only in statutory courts to be
established subsequently to the time
when the present Constitution became
operative. Yet when construed in con
neotion with other provisions OF the
Constitution and schedule, such re-
stricted operation cannot reasonsb bly,
be given to it so far as concerns the
inferior courts and their jurisdiction
contemplated by the provisions Of the
subsequent section 30 of said article 4.
Clearly the trainers of said clause of
section ] of article 4 did not intend
to employ, it in any such restricted
sepse, nor design that thereby any
such inferior courts and their aforesaid
| jurisdiction lawfully existing at the
time the Constitution took effect,
should be 'abolished, or they would, as
| il is reasonable to presume, have made
prov sion in the schedule, or elsewhere
| in the Constitution, for the transfer of
their pending proceedings, records,
| jurisdiction, &C., to some other appro-
pirate judicial tribunal, as they did,
as heretofore shown, 10 respect to the
courts which they really designed to
abolish. For it is obviously more
reasonable to construe sections l and
30 OF said article 4. viewed in the
light Of section Is and other provisions
of the schedule, SO as to regard section
30 as supplementary proviso to Sec
tion | to the extent of recognizing the
continued existence Of inferior statu-
tory courts lawfully established before,
and legally existing at the time the
present Constitution took effect, and
Of also authorizing their exercise Of
such jurisdiction as by law then had
been, or thereafter shall have been
given to them by the General Assem-
bly,, of the offences enumerated in, or
prescribed by, the Legislature in
accordance with said section 30.
Thus construed, said sections / and
80 may be held to mean that such
jurisdiction may be exercised by in
ferior statutory courts lawfully estab-
lished and existing either at or after
the time said Constitution took effect.
Such construction will harmonize
section l and seetion 80 of article A.,
and make both accord with sections 8,
| 10, IS and 16 Of the scheduIe-and also
with section 80 of said article by
properly giving the last named section
a prospective application solely, and
combining its operation to inferior
statutory courts established after the
present Constitution took effect; thus
| leaving any necessary future appoint
ment OF judge OF the said Municipal
Court for the city of Wilmington to
such constitutional or statutory gro
vision as may be applicable and
adequate for the purpose.
Accordingly, it is considered by this
court that the said Municipal Court for
the city Of Wilmington, its judge and
its jurisdiction Of the assault and bat
terry in question here, were continued
and existing under and by virtue OF
the provisions of the present Consti.
tuition and schedule, at the time its
said judgment against the plaintiffs in
error was rendered. and it is therefore
now considered and adiudged that the
aforesaid judgment of the said Superior
Court be affirmed, with costs, &c.
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