Evening journal., 1901-03-22
JUDGRNuIP CASE
ARGUMENT ENDED
The Court May Announce It's
Opinion on Next
Tuesday

Argument IN the Cochran Church
man contest was resumed in Superior
Court yesterday afternoon. Mr.. Ward
opened Mr. Churchman'S case immedi-
lately upon the hour OF opening lie
said the principal question involved is
whether the appoin;m mt of Mr.. Coch-
ran as judge should have been confirmed
'by the Senate in order to extend
his term Of Office beyond the add
journmont OF the Senate. His conten-
tlon was that such confirmation Is nee
essary. In support of his contention
Alr Ward read sections OF the COnst.-
tut en- hearing Cn the point.
Then Mr.. Hayes argued. His conten-
tlons were:
THAT the commission granted TO Nj
Cochran by the governor on the 22d
day of October last, being granted dur
ing n recess OF the Senate and being
granted TO nh a vacancy then existing
in the Office of city Judge, expired
March s. 1901, by the express prov sion
OF the Constitution Of THIS State. con-
ltained in section o. Of article 3. The
lgovernor could not grant a commits
'sion 20 fll a vacancy existing in any
office 10 which he was authorized by
law % appoint, except such commits
sion as complied with the law author
izing the appointment.
'That the office of city Judge Is an Of
fec TO which. when a vacancy exists
therein, the governor of this State Is
authorized by law TO appoint. and the
alary, fees and emoluments Of the said
office OF city judge being largely In ex-
IlIIa nf tho Of AZ
Constitution of this State requires that
amy person appointed TO said on ce for
the full term must receive the consent
OF a majority of all the members elect
ed 60 the Senate.
"Tho Municipal Count OF tho city Of
Wilmington is court created
by the Legislature for the city OF
w lmingtOn, and Is merely the agent
,of the State OF Delaware for local pur.
poses, and its officers are State officers
! The preservation Of the peace Is ono
of the most important functions oi
State governments, and il makes nc
+ difference to what tribunal that duty
or power Is entrusted. II Is still csaen
ually matter of public ccnccin, ant
docs not lose its publ.c concern. ant
docs not lose It's public character r,
'"tAtAiiAA NAt9 vi AiAN IItNNfo WliNlN IIt
city Of Wilmington. of which the Mu.
nicipal Court thereof ,s given sole ant
/ exclusive jurisdiction, would be an in.
Traction of the laws OF the State an,
B therefore against its peace and dignity
land punishable by said court as Il
would be in the State court hav.n,
general jurisdiction Of the sam,
according to the general pro.
visions Of the law in that be
half. Assaults and batteries are in
,cluded in the same category as nui.
sances. II frequently occurs that th.
State, i'm the distribution OF its pow
,ers, for the sake of convenience. ant
lexpediency, confides 10 certain loca
governments, within well-dehned terri
tcrial limits. the power to administcl
criminal justice therein. Butt becaus,
such authority Is limited TO a certair
locality or district it docs not maxi,
the duties which the possession @
such power imposes. nor the agent,
charged with the performances thereof
any more or Ices public In their char
acter" . 49,
Mr.. Whiatman closed COchran's case
I Chicf Juststel Lore announced thai
the court would adjourn until mex
Tuesday, at.which time the opinion /,
\ loxpcctcd to be delivered.