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

function between strictly corporate
duties and public duties, but In this
case the distinction is so we'll remarked
that We are not embarrassed with any
psrrlexing question OF that sort. 1t
frequently occurs that the State, in the
distribution Of its powers, for the sake
OF convenience and expediency, contides
to certain local governments, WITHIN
well-detined territorial limits, the power
to admi mister criminal justice therein.
But because such authority Is limited
to certain locality or district, it does |
not make the duties which the posses
sion Of such power imposes, nor the |
agents charged with the performance
thereof any more or less public in
their character. Tho special powers
and Jurisdiction entrusted to the said |
Municipal Court by the General As
seinbly under the said provision OF the
Constitution already mentioned, relate
exclusively to attractions of certain
criminal laws OF the State within the
corporate limits of the city OF Will
mington, the enforcement Of which
laws, in the absence OF such an inferior
coult or any other court authorized by
the Constitution, 10 vested in the Court
o General Sessions IA State court lt
seems to US, therefore, from what we
have said. the conclusion that the said
Municipal Court is SOMETHING more
than mere corporate agency Is lrresis-
tlbie. While performing Gel tain cor
porate duties. 1T is true, yet 1T is
clothed with higher and more imror-
tant public duties. 1t is stamped with
d greater dignity and is OF more public
imrortancs than that of mere curpor
ate court or agency. And by the specific
grant OF jurisdiction conferred upon it
Under Constitutional authority, it fol-
lows we think, that said court ia in the
administering Of the criminal laws u
the State confided to 1t, circGmscribed
within well defined limits. it ia true.
public or State agency. AMI lis Judge.
charge with duties, it may be said,
dual in their character public and cor
porate lis public officer to the extent.
Mt least, OF the enumerated powers and
duties imposed upon him by the Legis-
lature, pursuant to said provision in
the Constitution. He Is Judge OF an
inferior court established by tho Con
eral Assembly under said section of the
| lato Constitution which and some ad.
| ditious thereto we're Incorporated into
| the present Constitution land as judge
of such inferior court he is an officer
| within the meaning and purpose OF SEQ
| tion 2, article 3, OF the present Consti-
tuition the salary, fees and emolu-
ments Of his Office exceeding the sum of
$500 annually whose appointment must
be confirmed by the Senate as provided
by the said aforementioned section.
While, as we have already said, tho
main question before the court in the
case OF Gray VS.. State supre, was an
attack upon the act of the General AS
sembly creating the mayors court, 1t
was also objected that the Legislature
could not bestow upon the said corpora
tion the right to appoint the officers of
such court because OF section 5, article
| 3 OF the then recently adopted Oonsti-
tuticn t1S3l) which provided that The
| tthe governorl shall appoint all officers
whose Offices are established by this
Constitution, or shall DO established by
laws and whose appointments are not
herein otherwise provided for" The
cnurt in meeting this objection: These
are not officers, other Of the State or
county, but Of the corporation and,
| though 1t should be considered that the
court, as q mayors court, under it's
enlarged jurisdiction and new name, Is
established 10y the act of 1892, IL is
only by the increase OF powers,cf officers
existing before the Constitution and
whose appointments are therein othei-
wise provided for, to wit: BY the saw
ing OF the right 10 the corporation Of
Wilmington to elect its own officers
y. They (the legislature)
were authorized to select this corpora
tion court and bestow upon IT oil the
| jurisdiction that they could confer on
any inferior court OF their creation.
Having selected 1T, and established it
as q court with enlarged powers, the
appointment Of Its officers remains as
heretofore in the corporation Y.
pertinent and controlling fact in this
case is that the appointment of the
judge for said Municipal Court as now
established, does not remain in the
corporation Of the city of Wilmington,
but it was, under the act oreating said
court, reposed in the governor Of the
State. And whether 1t be conceded or
not that the said judge is an officer of
the corporation, we must look outside
OF the reasoning pursued and the con-
termine this case. And in doing so, it
will be necessary, as We have already
said, to examine the provisions OF the
present Constitution in connection with
the act establishing the said Municipal
Court. BY the said act it is made the
duty OF tho governor to appoint and
commission the said CITY judge. And
said section 8, article 3, provides that
the governor shall have power, unless
herein otherwise provided, to appoint
by and with the consent OF such officers
ASIDE is or may be authorized by this
Constitution. or bylaw TO appoint.
1t will be observed that the phrase
, ology OF this section is quite different
, from that of the corresponding section
, contained In the late Constitution,
, "Shall appoint all officers whose offices
| are established by the Constitution or
shall be established by law" is the
language IN the latter section; and
it will be further obsers cd that the
phrase or shall.be established by law''
in that section Imports a future opera.
ton and carries with it the purpose
of prospective application.
, Shall have power to APP
point Il such officers as he is
or may be authorized by this Constitu-
! tion, or by law to appoint IS the
/ language in the corresponding section
, of the present Cons iitution; and the
phrase "suoh officers as he is or may be
authorized by law to an
3 point" imports pr sent as we'll as o
! future operation and carries with it a
present design aud operation as com.
/ prehensive ia it's meanipg as. the
' language OF the phrase itself; and we
: fail TO nee how these words, bred as
= | thev are in their maanino and acona.