Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-03-14
Quo Warranto Proceedings lnsti-
tuted in the Superior Court
Yesterday.
TO BE ARGUED NEXT SATURDAY
The Higher Tribunal to Decide
Whether E. r. Cochran, Jr.,
or p. Q. Churchman is
the Legal Judge of the
Municipal Court.

Churohman occupies the Office of city
judge is to be argued before the Su-
perior Court on Saturday. Yester-
day, by agreement. quo warranto pro-
ceedings were begun In the court.
Robert q. Hartman, representing Edwin
r. Cochran, Jr., presented the follow
ing paper: 4,'l4 Y ~
In the Superior Court Of the State of
Delaware In and for New Castle county
State of Delaware, ex-rehtieile Herbert II.
Ward, Encouragement VS.. Philip @ ChuI CHI
man. Information In the nature of writ
of quo warranto.
The information of Herbert Il. Ward,
attorney general of the State OF Delawar
respectfully showeth and gives the court
here to understand and be Informed that
the term of Office of former Judge y. Frank
S Sa who was as city Judge ot the Municipal
mated aud expired on the 21st day of Oc-
tober, A. ID. 1900, and commission to
act and discharge the duties of city judge
OF the Municipal Court for the city of VIII
mington, was thereupon, on the 22d day of
October, A. d. 1900, duly issued by the
then governor of the State of Delaware,
Ebe W. Tunnell to one Edwin R. Cochran,
Jr., ESQ.,, the said Edwin r, Cochran, Jr.,
ESQ.,, being at the time said commission
was issued TO him a resident of the city of
Wilmington and State Of Delaware, and a
man learned IN the law and of at least
seven years standing as practicing at
torney in the Superior Court of the State.
The said, commission was and is in the
words and figures following:
1.-The State of Delaware, to Edwin r.
Cochran, Jr., Esq, of New Castle county,
Greeting:
Know you, That reposing special trust
and confidence In your knowledge, in
teRrity, prudence and ability, we have con-
stituted and appointed, and by these pres
ents do constitute and appoint you, the said
Edwin X. Cochran, Jr., to be city judge of
the Municipal Couit for the city of Will
minRton giving hereby and granting unto
you. the said, Edwin r. Cochran, Jr., full
power and authority to- execute aad dis
charge the said Office of city judge of the
Municipal Court for the city OF Wilmington
in all the several parts and branches thereof
and keeping of all, records, books, papers
and writings whatsoever to the said office
belonging; to hold, exercise and enjoy the
snid office, with MI fees perquisites, emo
luments and advantages thence lawfully
arising or thereunto of the right in anywise
appertaining. until your term therein, ac-
cording to law, shall Of course expire; yo,l
behaving yourself well SO long In the said
office.
In witness whereof the great seal of the
State of Delaware is hereunto affixed. Wit
ness Ebe w. Tunnell, ESQ.,, governor of the
snid State,at Dover, the 22d day of October,
in the year of our Lord one thousand nine
hundred, and In the year of the Independ-
ence of the United State of America the one
hundred and tYenty-fifth..
Ebe W. Tunnel.
"By the governor:
j. II. Hughes, Secretary of State.''
The said Edwin R, Cochran, Jr., Esq,
on receiving his said commission to dis
charge the duties of city judge of the
Municipal Court for the city of Whining
ton, forthwith duly qualified and entered
upon the discharge of his said duties, and
continued in the discharge Of his said
duties as Judge of said court until on or
about the 18th day of March, A. D. 1901,
at which time TO wit, on the 18th day OF
March, A. ID. 1902, one Philip @. Church
man, by and with the assistance of one
George Black, captain OF police for the city
OF Wilmington. and tho then acting high
constable or chief of police of the said city
OF Wilmington did forcibly and against
the strength, will and solemn protest OF the
said Edwin X, Cochran, Jr,, ESQ.,, oust
him, the said Edwin r. Cochran. Jr., ESQ.,,
from the said office OF city judge of the
Municipal Court fer the city OF Whining
ton, and he, the said Philip Q. Churchman,
ESQ.,, did forthwith thereupon unlnwfully.
wrongfully and.without color OF right install
himself in, and usurp and hold the said
office of city judge OF the said Municipal
Court for the city OF Wilmington in the
county and State aforesaid, and still doth
couhiuue 10 ulldWluhys WIOnRtully ana
without color Of right usurp and hold the
said Office and all the rights. and elnolu.
ments attached thereto contrary to the
statute III such case made and provided, and
against the rights of the said Edwin r.
Cochran, Jr., Esq., wherefore your reletor
prays that rule Issued out of this honor
able court, requiring the said Philip @.
Churchman, ESQ.,, to appear In said court
on some day to be NAMED by said court Ia
show why he hsth usurped said office, or By
what warrant and authority he claims to
possess and exercise the Office of city Judge
OF tho Municipal Court for the city of viii
mington as aforesaid.
Herbert II. Ward, Attorney General.
At the conclusion of the reading
Walter II. Hayes announced that he
represented MIR. Churchman, and that
Mr.. Ward, although the relator, also
represented him. They consented TO
the filing of the information. waived
the issuing of a rule, aud consented to
plead today.
Saturday was fixed for argument,
subject to cases in which there are
witnesses which will have the right of
way. GIU