The sun., 1901-09-12
POLICY OF HOLDING ON.

There has always been Il settled policy |
of the local Democracy about tenure Of |
Office: ana that, in brief, may be dcsig
mated rs "hollng ON 1t has been said |
Of them that few die il office. and that |
they never resign. unless il he to accep;
another office.
The desperate devotion of the Demo
crafts to this policy has been the source
nf ill the trouble i'll Delaware politics
They have never hccn willing to abide
by the decisions Of the people IN the mat
Ter of choosing the persons to hold Office.
or their decisions as to the policy of til,
oilicrholl, rs. That mas been apparent
in all the political history of the State.
The latest development along this line
Of Democratic politics have been attempts
tn holdin. m 10 nccS despite the law
made and provided III sucL eases. Th,
Incidents can he readily recalled. Til
attempt pf Governor funncll'S app,irtr,
rs Judge of the municipal e, urt, aud the
clerk Of that court; he state lctrctiv,
~Nllt' nv HilN lhl'A VI llA ' YUM ~ w HF
point il deputy city solicitor, are I'LL eases
III point. Iii spirit all tlcsr things belong
To the same order of political procrdnr"
Z :iS did (,lucSl the revolt &c the Democrats
: against the law, aud the consequent
" theft Of the state in 1896.
Y Nov tLcrr il another demonstration OF
q Inc same kind of politics. There are ~ q
offices III this city now filled rs prlno-
7 ,luns i, disputed. III each case tie
I, Democratic incumbent claims to htld thc
z office fer 4 term which ~ not appear to
lr warranted hy the law. Justice ~ til,
;lat office fur the constitutional term nj
the close If this month. AMI il was gen
II orally expected tlat lie would i" ready
" to retire III that time II Is now Sal,
y that 10y the terms of his commission },
\ viii retain thr office until February nrNr
i The facts uf the case seem to he. tha
u MIR, Sassr was appointed hy No orE1
Funnel on September 70. 1897. a:l.' tina
'Ir entered upon tn" nllice immcdiat /
!, u,rn his appointments but that his CON
mission was not mad" out arrl Sigu2
mtil the following February. rs thi
little .ricll it viii h" seen that Grvcrn,
II, rwnrlr$ appointments Of y justice Of III
l'uacp is made IL exceed The cuustitut
,, nnal term for Il puriil Of four ur ;iN
4, months. Tie fmr wears Nc tho ronstii,
i, li"ual torn of his appointment. from Il
n. jate Of appointment. would cNpirc In
!. mg the present month. while lis comn'i
ion apparently extends his term ,nt
x, 'rhrtnlY. III" litllr matter of the cn
IL tituiurai limitation Of the tenn of Il
II. justices pf the peace. and Of the 90
rnor's authority of appointment I'M 1
r. hat constitutional limit. does not aprn
NJ - count for much in thc appointmr
~. i Democrats by Democrats.
4; Tho other case III point is that
/, Justice of the Peace William pritchr
tI who succeeded Charles McNhurt
lon in 1856 Tho appointment Of ,lnsti
.,f l'ritchctt was 10 ill the vacancy cnuS
M, IN McWhortrr's resignation - ace. III 4
!, continent as clerk of the orphans con
n IS III" successor of MrWhortrr. Pr
mi 'urtt'S term Of office would rNp;rr IT I
liz 'Npiratitr of the term for which y
nrr Whortr was originally appointed. scy
10 yrllS from \lril II. 1898 This wu'
NJ, Ihlyr caused Mr. Pritchctt's retirement
April 1900 In opposition 10 this
brn Iaims full seven year aplnin,m,
Siu rom the date % lis Succeeding 10
aim ,ilic,. e rXrir il 1892.
,om There i Il question OF constitutional
III. IN this LITTER case. 1t is whether
/ ot 'cnnrt>' Of the justices uf the peace.
.ay courts" within the meaning nf the c
,urr ttutiuu. Ii So these offices Us they
thy ~trd unlrr the Old constitution y
rods rtoli>hrd. ;;nl whatever status they II
ana nave is derived from the present con
Irnt tuition.
70 The constitutional provision rnumcl
iii \ ns the ''court>." S a. follows:
eth "Articlr ". Section l. The jndi,
-ury power &c this State shall br vested i
for sulrrine court a superior court. Il ro
st:h II chancery. justices or
arl, peace aul such other courts as the {;
crct rrll Assembly shall establish
the law"
'hcv The schedule to the constituti II
by vilcs rs follows:
der. "Scction o. All the courts = jus
tab now existing shall continue wihm Il
in ,rcScnt jurisdiction. and the chancel
this and judges shall continue in office II