Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-03-28
THE MUNICIPAL JuDGESHlp.

JubIACd tluIo huh NbnpOiato HNoktp
Pennewill and Boyce, in the Superior
Court Thursday, on city judgeship, the
question involved being whether Philip
| 0. Churchmau or Edwin r. Cochran,
Jr. should be municipal judge. The
case comes before the court on quo
warranto proceedings, instituted by
Attorney General Ward on the relation
of Mr.. Cochran, who IS represented by
Robert q. Hartman and j. Harvey
Whiteman. Mr.. Churchman is repre-
scented by Herbert II. Ward and Walter
III. Hayes.
In openiug the case Mr.. Hartman
read an agreement Of counsel that the
Mayor and Council had accepted the
State Constitution. The reading of
the original petition, which related
the incidents Of Judge Cochran's ap-
pointment and ousting, was dispensed
with. Mr.. Ward read the pleas filed
in behalf Of Mr.. Churchmap, which
allege that Judge Cochran's appoint.
ment was not confirmed by the State
Senate and that his salary was greater
than the $500 limit as to necessity for
confirmation.
A demurrer 10 the pleas was read by
Mr.. Hartman, claiming that they were
not sufficient to bar the plaintiff; that
| thO Oou5out vi bub tuuJONApy VI thO
Senate was not necessary.
Mr.. Hartman presented lengthy brief
and proceeded to argue the case ON be-
half OF Mr.. Cochran. He made these
four claims:
First-The city Judge is municipal
officer and does not require coDtirma.
tion 10y the State Senate.
Standardization 0 of al ticle 3 of the
State Constitution does not refer to
municipal officers. Section 8 gives the
governor authority to make appoint
ments, by and with the consent Of a
majority Of the Senate.
Third-Section 81 OF article of the
State Constitution refers solely to in
ferior courts that may be afterwards
created and not TO the present NUM-
oipal court. That section reads
Justices OF the peace and the judges
of such courts as the General Assem-
bly, may establish pursuant to the pro-
visions of section l or section 30 OF
: this article shall be appointed by the
, governor, by and with the consent of a
| majority OF all the members elected ia
> the Senate, for such terms as shall be
J fixed by this Constitution or by law. ~
Fourth-Ths CITY judge is a creature
} of statute and the sofa requisite of the
statute Is that he shall be appointed by
Q the governor, net that his appointment
3 must be confirmed.
Mr.. HarnIan asserted that the munici
pal Judge does not come under the
, constitution ut all.
3 In examining the statute, Mr.. Har-
man set forth an opinion of Mr..
Wards that the judge is State officer,
3 and replied to the various propositions
thereof. Then he set down reasons fol
holding the Judge to be a city aud moi
q State officer.
, In the reasons why the Judge is d
? city judge included the following: a
! The not creating the office is entitled
San act to revise and consolidate the
Q statutes relating tc the city OF Will
8 mington and is the city charter; {,
y amend or repeal the charter requires
o two.thirds vote Of the Legislature; al
9 prosecutions brought before the city
judge for breach Of municipal laws
9 ordinances and regulations are required
, to be brought in the name of "Tht
: Mayor and Council Of Wilmington.
!, The salary of the Judge is paid BY
l the city. All fines for violations il
:, cases before him are paid into thu
. city treasury. Where cases are dis
o missed, witnesses for the prosecution
are paid by the city. The city Judge
9 practices law and takes fees for his
u professional services. The official title
of the Judge is "city judge"
Q In discussing the constitutional
y questions, Mr.. Hartman said there il
no illusion in the Constitution to the
city judge.
g After discussing his contention thai
10 the municipal court is statutory
y court. the attorney concluded his brie
as follows:
Q "It will thus be seen that the cit,
s judge OF the Municipal Court, for thu
city OF Wilmington is appointed by tn,
10 governor for the term OF IL years, nne
q nothing whatever is said In sale
statute as to its being necea sary tha
}, the appointment OF said Judge shall
be confirmed by the State Senate, Ant
10 as neither section OF article 3, no
q section ~ Of article for the reasdn
already assigned applies to said judge
'e confirmation of said judge by tn
!? State Senate il not necessary"
The argument on the quo warrant,
t, proceedings raising the question as Il
I'd the right Of Philip Q. Churchman b
sr act as city Judge In place of Edwin R
'. Cochran, Jr., who had boon ouste,
from that position, was conclude,
T. before the Superior Court Thursda
afternoon. At tina morning session
u Robert q. Hartman for Mr.. Cochran
had argued that the city judge was o.
a officer of the municipality and not @
d the State and that his appointment b
Gov. Tunnel did not need conhrmatio
10 by the Senate.
In behalf NJ Mr.. Churchman, Herbef
a II. Ward opened in the afternoon. h
devoted himsslf mainly to the questio
r as to whether the appointment of MI
Cochran must have ceen confirmed b
ID the Senate. He first considered tn
r. proposition that the Municipal Coui
Is merely a municipal agency, and u
ID judge municipal agent, and b
r. quoted from the charter laws an
ordinances Of the city 10 indi ate tina
~ the Judge bears relations with tn
as corporation OF the city of WilrninRto
ie and with the public at large and thu
in all essentials of his appointment
D. continuance in office, removal frol
in office aud qualification for Office I'll
r. municipal judge is State officer. II
n maintained that the court was estal
=. lished not merely as corporate aeenc
IT. fol corporate purposes but as Sta
g. agency for State purposss.
en- Mr.. Ward held also that the statu
.. creating the Municipal Court pyovid,
It, for tho appointment OF the judge /
he the governor and that the only r
striction upon the constitutional pr
he vision requiring the confirmation