Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-03-28
CHURCHMAN IS THE JUDGE
! He Will Continue in Charge Of tho
Municipal Court,
so SUPERIOR COURT DECIDES
The Opinion Was Delivered by
Judge Boyce.
THE jUDGESHlp IS A STATE OFFICE

6upbfior OOurb yesterday, ". Churoh-
man continues as Judge of the Munich
pal Court. The Superior Court holds
that the City Court has both COZ porate
and public powers and that its judge
\ must be confirmed by tine Senate.
Judge Boyce read the decision, which
was tho unanimous opinion OF the court
and is rs follows;
The Information and plea filed which
4 appear In the statement of the case
disclose fully the contentious between
the parties to this proceeding, and il Is
unnecessary to set them forth In this
opinion. Issue has been framed upon
. demurrer to the plea, and the main
question presented for our considera-
tioD and discrimination 10 the principal
nverinent contained In the dem urrer, in
words following: THAT tho consent OF
. majority of all the members elected
to the Senate OF the Stats Of Delaware
to the said appointments OF the said
Edwin h. Cochran, Jr., to be the city
Judge Of the Municipal Court for the
city Of Wilmington is not required by
X law. ."
We may be permitted to Say that We
have given the question presented calm
and deliberate consideration, and we
y, have reached, what seems to US, the
only Just and impartial conclusion war
iuhtou hudot tHe pTbflblOua OF Tue OO0
stitution and statute applicable 60 the
case. In noticing certain cases pre-
sented in the argument, we may say
I that the issue before us ia not one in
volvilg the constitutionality Of the act
establishing the said Municipal Court,
as was the main question before the
court In the case OF Gray Va. State. Nor
10 1t simply whether the judge of said
Municipal Court is strictly corporate
aud not d civil officer, within the mean
ing of the Constitution, such us was
raised In the case of the State VS.. the
Wilmington City Council. Nor Is it
whether the incumbent OF the Office Of
the said Municita Court is, while
holding said office, disc ualified from
holding certain other office under the
United States or In this State, by
reason of the provision In the State
Constitution denying any person the
privilege OF holding more than one of
certain designated offices.
Differing In its nature and its char.
aoter from any of the cases above cited,
the question here is whether the APP
pointment of the plaintiff to be- judge
OF the said Municipal Court made Ey
the then governor required the consent
OF a majority of all the members elected
to the Senate before the end OF the
session thereof next succeeding his
appointment, under any provision con-
tained In the Constitution of 1897, con-
sidered 10 connection with the statute
establishing said Municiral Court.
\ None of these cases is particularly
n helpful in determining this question,
because neither Of them presents or
VI deals with the precise question raised
VI by the pleadings IN this case Our in
N vestigation Is almost, If not altogether,
confined to the Constitution itself, con-
sidered In connection with the act
establishing the said Municipal Court,
N and the relation each bears to the ques-
tIon 10 hand.
Ii may be said that whatever may
have been the character, Jurisdiction
II and powers, either of the CORPORATION
Of the city of Wilmington, or OF the
@. y court at any time, prior to the first
!. day Of June, 1888, when, under the act
OF the General Assembly, passed at
Dover April Of the same year, the
present Municipal Court, they are not
Unnecessary to be considered in disposing
of this case. The fact Is that by the
eaid act the said Municipal Court was
established with a distinct character oil
ffjts own possessing the powers and juris.
diction conferred upon it by the act
and whatever powers and duties former
city courts established for the corpora
tiou Of the city OF Wilmington, possessed
and exercised we must look 10 the sale
act OF 1883 and any amendment thereto
for the grant of power an6 jurisdiction
\ which was conferred uFon and now
\ exercised by the present Municipa
II Court. And we need not and SHOULD
N not, look further than here stated, for.
whether the corporation of the city oil
MI Wilmington once enjoyed and exercised
N the franchise Of holding court, OIL
whether that franchise was subse
quently enlarged, in no wise aids OF
assists US in reaching proper con
clusion in this case; for il is well
settled law That municipal corporation
ti and corporate courts are subject Il
legislative control, except 30 far as thu
Legislature may be inhibited by thu
Constitution. AS was said by the lat,
Court OF Errors and Appeals, IN tn
case Of Ooyle va. MoIutire, 7 Housv
TAI, the city of Wilmington being
4 municipal corporation, all ids powers
md, we may add, as we'll, the juris
fiction and powers of the Municipa
Court under its charter, are sub
ordinate to the powers of the Legisla
trre. And the Legislature, having tn
power 10 repeal the corporate power OK
istence has likewise the power to alter
amend, or abolish any of the agencie
thereof through which the powers o
the corporation are exercised or h
change them or to substitute otherI
10 their place.
Turning again to the act creating th
said Municipal Court, We find b.
A. section ID thereof, being chapter 207
Vol. XVII, Laws of Delaware, tina
said court was established. and b
\ section 10 that its powers and juris
diction, so far as they correspond wit
and ale authorized by and enumerate
10 section 10, article 6 of the Constitu
,tftion OF 1881, are granted and defined
M Looking at this special grant of Juris
NJ diction, the conclusion follows in
n evitably that the said Municipal Cour
Is an inferior court within the scoop
and meaning of the constitutional Ere
vision authorizing its establishment
And whatever may be said of tn
NJ nature and character of the othe
~ powers conferred Upon and entrusted i
the said court by said act CT assembly
N 1t has possessed from it's very creation
character differentfrom that OF strict
Incorporate court. While exercising til
duties and functions ofs 6 corporal
court such as the execution and er
fofcement of ordinances, &C., IT th
corporation, it was, nevertheless;
created in fact an inferior court, 'suc
MS. is SO denominated and expressl
N authorized Inv spetion 12 artioia q (