Evening journal., 1901-01-25

nuisances. 1t is therefore. clear that the
Municipal Court of the city Of Whining
ton had jurisdiction of public nuisances,
as it is an inferior court established by
the General Assembly of this state pur
suant To the section and article Of the
constitution already referred TO.
Again in the same case Chancellor VOL
cott. for the Court of Errors and Appeals.
says: 1T frequently occurs that the
state, in the distribution OF its powers fo.
the sake of convenience and eXpediency.
confdes to certain local governments
within well defined territorial limits the
power to administer criminal justice
therein. But because such authority j
limited TO certain locality or district.
loes not make the duties which the pos
session OF such power imposes or th
agents charged with the performanc,
thereof any more OF less public in theig
character. The preservation of the peac"
is one OF the most important functions OF
the state government, and it makes nu
difference TO what tribunal that duty %.
power is entrusted it is still essentially q
matter OF public concern, and does lci
lose its public character"
In the case of State vs.. Anderson, l..
/ Marvel, 526, the Superior Court boy Lore,
chief justice, says:
The Legislature has seen fit to Great
/ the Municipal Court, and TO that court is
given sole and extensive jurisdiction
among other things-of assaults. This D.
an assault. and we think the jurisdictiol
extends not only TO common law assaults.
but TO any assault created by statute. I'M
less the Municipal Court was Distinctly
ousted by such terms
From these two cases. as well as from
tue provisions of the statute 10y which Oh
Municipal Court was created. it appear.
that such Municipal Court was establish
ed. not as mere corporate agency foi
corporate purposes for the city of vii
mmgton. but as state agency for statD
purposes.
As above indicated, the Muncipa
Court was originally created by virtue %
Section l6, Article 6. of the amended Con
stitution of 1881. Provisions correspond
ing practically in every particular wit
those of Section 10. of Article 6. of tn
b late Constitution are embodied in See
tion 30, OF the Constitution Of 1897. In ih
8 ease of Forbes and Hartman vs.. State.
, Pennewill. 1877. the Supreme Court of th
p state has decided that the MunicipI
q Court continued to exist without reap
$ pointment of its judge under the nel
4 Constitution.
i Coming now To the consideration of th
q provisions of the Constitution Of 1S9
remtiye to the confirmation by IN
Senate Of gubernatorial appointments {
. Office. the following provisions are f0und
# Justices Of the peace and judges
n such courts as the General Assemhl
i may establish pursuant to the provisic
Ic of Section ] or Section 30, Of this artic
3. shall be appointed by the governor, Z
~ and with the consent of a majority of q
p. the members elected to the Senate Il
T., such terms as shall be fixed by the Col
lc stitution or by law" Article 4. Sect,
rs so, Constitution of 1897.
10 He (the governor) shall have powe
as unless herein otherwise provided. to "a
TO point by and with the consent of the Sc
is ate majority of all the members elect
e. to the Senate, such officers as he is
or may be authorize by this constitution
~ 10y law To appoint. He shall have DOW
to fin an vacancies that may happen du
In ing the recess of the Senate. ia offices
5. which he may appoint, except in the
Ms fees of chancellor chief justice and d
ltt if'NinANN INAH'of ~ SANAAAAAir NtlAAuiNNlN
on which shall expire az the end Of the nc
e- session of the Senate.
ll- In the case Of Forbes and Hartm
,rs vs.. State, above referred to. the Supre
Court by dictum intimated that Sect
ci- 80. Of Article 4. above quoted, should
its given the prospective application sole
BY and should be confined in lis operation
sx- inferior Statutory courts. established
ar. ter the present Constitution took eff,
M thus leaving any necessary future
on pointments of judge Of the Munici
the Court Tor the city of Wilmington to 81
ted constitutional or statutory provision
err may be applicable and adequate for 81
VI purpose
to- Such applicable and adequate. sta
the tory and constitutional provisions
the folnd in the statutes creating the J
. To nicipal Court as above quoted from,
lem Section 9, OF Article 3. Of the Constitut
Iat- Of 1887 abote set forth.
ted The statute creating the Munic