Evening journal., 1901-01-25
SENATE MUST
CONFIRM JUDGE
Continued from First Page)

ticc OF the peace, or other committing
magistrate. whenever any person was
brought to him, charged with any crm
inal matter or ofTense properly cognizahie
in the Municipal Court of the city of VIII
mington. to inquire into the same. and Il
he should find that there was probable
ground for the charge to hold him for
trial before the Municipal Court
"a The city solicitor, for the time be-
ing. was made ex-oficio the prosecuting
officer in said Municipal Court, but it
was further provided that the attorney
general Of the state should have the right
to prosecute in said court, in person OF by
his deputy.
90 The proceedings of the Municipal
Court were made subject to revision by
the Superior Court in and for New Castle
county. upon writs of certiorari.
(9) The said judge was constituted a
conservator Of the peace within the city
of Wilmington and had power as COM
hitting magistrate to commit for trial NJ
tho proper court. all persons charged with
breach of any of the laws of this state.
He was empowered to punish 10y fine not
exceeding $40. all breaches of the peace
committed within said city punishable by
any law of the state, where the oifense
was not of a high or aggravated nature.
Under certain circumstances he Was
given power to commit or bind the de-
fendant for his appearance at the proper
court. to answer a charge.
d0D The process issued by the city
judge. sitting as a committing magistrate
was made the same as was issued by JUS
ticcs of the peace in like cases.
Outside of the above enumerated pow
ers. authorities and conditions. the Ma.
nicipal Court and its judge had jurisdlc-
tion 10 try. hear and determine violations
of the city ordinances and regulations
and In general, 20 perform duties mor
strictly those of corporation court q
Judge. The clerk Of the court. as well "a
the Judge of the court himself, are pail
by the city of Wilmington. All necessar
court rooms printing. etc. are dircctc
10 be provided by the city.
It will be seen, therefore, that the Nh
nicipal Court and its judge had, in fac
double relation TO the public; one q
these relations being more particular
with the corporation of the city of WI
mingt0n. and the other with the publ
mt large. But so far as his appointment
removal oath Of office, and very man
OF his duties were concerned, the muni
ipal judge was created as public Office
and not mere corporate agent Of I'll
city of Wilmington. The city judge dos
not, as i'm the case of the mayor and vi
Ou mayors court. administer his Office
judge as mere incident to an election
corporate Office. In all essentials of h
appointment. continuance in Office. r
moval from office. and qualification f
office, the municipal judge is a state o
iicer
The Supreme Court of the state,
Wilmington VS. Nandegrift, 1 Marvel.
declare that he was not dependent for !
jurisdiction i'm criminal matters upon {
existence of any ordinance or regllati
OF the city Of Wilmington, creating or d
filming a criminal offense Chancellor W.
colt. as president of the Court of Ere
and Appeals, in that case says:
by Section "A Of the charter O Mum
pal Court is created and by Section 10
jurisdiction is limited and defined.
the latter section it is given sole ana
elusive jurisdiction TO inquire Of he
Try and finally determine an those cri
inal matters and ofenscs enumerated
the loth SectlVh OF thc oih hflicle OF
amended Constitution and commit
within the said city and % punish ail p
sons convicted Of said offenses. or any
them. agreeably to the laws Of this sta
The 18th section Of the 9th attiele OF
Constitution referred 10. confers upon
General Assembly Of this state power
establish inferior courts and cloths Il
with jurisdiction Of certain criminal u
rers. and among them are eraneta