The Wilmington daily Republican., 1901-01-25

Win oIeaCu Oi auy VI tuc taWe VI
this state. uHe was empowered to
punish by fine, not exceeding 80.
all breaches OF the peace committed
within said city punishable BY any
law OF the state, where the offense
was not of a high or aggravated
nature. Under certain circum-
stances he was given power to COM
nit or bind the defendant for his
appearance at the proper court, to
answer charge.
(l0) The process issued by the
city Judge, sitting as committing
magistrate, was made the same as
was issued by justices Of the peace
10 like cases.
Outside Of the above enumerated
powers. authorities and conditions.
the Municipal Court and its Judge
had jurisdiction 10 try, hear and
determine violations of city ordi-
narces and regulations, and, in
general, TO perform duties more
strictly those OF corpor alton court
or Judge. The clerk Of the court,
as well as the Judge of the court
himself, are paid by the city of Will
mington. All necessary court rooms,
printing, etc., are directed 10 pro-
vided by the city.
1t will be seen, therefore, that
the Municipal Court and its Judge
had. in fact. double relation to
the public; one of these rela tons
being more particularly with the
corporation OF the city of Whining
ton, and the other with the public
at large. But so far as his ap-
pointment, removal oath of office,
and very many of his duties were
concerned. the MunicipalJudge
created as a public officer. and not
mere corporate agent OF the city
Of Wilmington. The city Judge
does not, as inthe caseot the mayor
and the old mayors court. admin
lister his Office as Judge as mere
incident to an election to a corpor-
ate office In all essentials OF his
appointment, continuance in Office,
removal iron Office. and Qualltlca-
ton for Office. the Municipal Judge
is a state officer.
The statute ere eating the Munich
pal Court provides tor the appoint
ment OF the Municipal Judge by the
governor The governor is author
lied by the constitution. as above
quoted, 10 appoint such officers as
he is or may be authorized by the
said constitution or by law 10 ap.
point, only by and with the consent
OF ma jority OF all the members
elected 10 the Senate. The only
restriction upon the provision re-
quiring the confirmation Of the Sen.
ate for such appointments is found
in the other above quoted provision,
that such confirmation shall not he
required when the salary of the
office shall not exceed the sum of
five hundred dollars annually. The
salary Of Municipal Judge is fixed
at $500 per annum, thus removing
him and his Office out Of said cXccp.
tion OF the constitution.
These words of the constitution
requiring the confirmation OF the
S!nate for gubern atorial appoint
ments 10 office are absolutely gen
eral in their meaning and scope.
They extend TO all offices which
the governor is or may be author
lied by said constitution or by law
to appoint, considering the charac.
ter Of the municipal iudgeship, as
clearly recognized by the act ere.
ating the MurlciC al Court and such
office, there is nothing which should
remove such office OF officer out OF
the scope ot these words Of the
constitution.
Lam advised that Governor Tun-
nell clearly recognized the appllca-
bllity Of Section OF Article ), OF
the present constitution to the ap-
pontmcnt Of Mr.. Cochran 10 be
municipal Judge and that in accor-
dance with said section the COM
mission issued TO Mr.. Cochran by
its express terms, expressed at the
end OF the present session Of the
Senate, which is the next scss ion OF
said body after the recess OF the
Senate IN which he was appointed.
But. however this may be, am
clearly OF the opinion, that the ap-
pointment Of Mr. Cochran to be
Judge Of the Municipal Court for the
city Of Wilmington is subject TO the
confirmation OF the Senate. in ac-
cordance with the express constitu-
tIonal provising relating thereto.