The sun., 1901-03-15

i FILES PLEA
Placed in Hands Of Prothonotary
speakman Yesterday
ARGUMENT FOR TOMORROW
Paper Recitcs How Judge Cochran
Was Deposed. Captain Black
Il Mildly Placed His Hand
on Him.
ReUMENT FOR TOMORROW

sWaltcr Ill. Hayes OF couiisci TOT Juusc
'bilip q. Churchman, filed his plea Ill
~ Municipal Court judgcship contest
Xtl,e Superior Court yesterday. Tomor-
',w has been fixed as the day for argu-
It.
9 plea is as follows:
the Superior Court of the State Of
,,.,yare in and for New Castle county,
,,fcrm, A. ID. 1901, State of Delaware
:, atione VS.. Philip q. Churchman.
y, nation in the nature OF writ of
n !, wurranto.
and now to wit: This fourteenth day
{ MARCH, A. d.. 1901. the said Philip
!. fShurchman, the defendant in the
bcN4 stated cause, by Walter III. Hayes
H(f Herbert Ill. Ward, his attorneys, us
81 the information filed in said cause,
4ys: That true it is that the term of
1iicc of former Judge J. Frank Ball H.
ity Judge for the Municipal Court for
he city of Wilmington, terminated on
H. twenty-iirst day of October, a. D..
fineteen hundred. and that Il commis-
hon to act and discharge the duties as
|itv Judge of the Municipal Court for
lc city of Wilmington was, OH the
kNcnty-sccond day of October. "A. d..
FO. duly issued by the then Governor of
Lhr State of Delaware to one Edwin K.
locliran. .Ir.. ESD. which commission
las in the Words letters and figures as
1T out in said information and that the
}M Edwin Il. Cochran, Jr., ESQ.,. was
| hr. and there II resident of the city of
w uiington and man learned in the
Aathanl of ut least seven years stand
bngis a practicing attorney in the SUI
hlwr Court of this State, and that
thSaid Edwin Il. Cochran, Jr. Esq.,
z kupon duly qualified and entered
La, the discharge OF his said duties, and
kuinucd in the discharge thereof until
T. eleventh day of March, a. d., 1901.
ItAnd said defendant further saith that
he Senate and House of Representatives
II the State of Delaware convened i'll
4.ncral Assembly in regular biennial
,Hssion on the first Tuesday in January,
"a d., 1901, and that said session of the
nd General Assembly adjourned with
IN day Oh the eighth day of March, A.
.l9Ql, aud that the said Senate so
liio,lrned OH SAID last nfcfftsoaea. ..day,
Mat said session of said Senate was
tic next session of the Senate after
M said twpnty-sccond of October, A. ID,
800. That on or about the fourth day
H january, A. d., 1901 the then Cover
,or of the State of Delaware nominated
md appointed and sent the name of the
said Edwin II. Cochran. .Ir.. ESD, to the
eaid Senate for the consent of a major
|ts of all the members elected to said
Senate, that said Edwin II. Cochran, .Ir.,
H,sq, he the city judge Of the Municipal
burt for the city of Wilmington i'll lieu
III the Hon. j. Frank Ball. whose said
term of office had expired as aforesaid
for /; term of twelve years commencing
,m said twrnty-second day of October
al. d.. 1901. That on or about the
Sixteenth day of January, A. d., 1901
fhc said Senate by the votes of ma
tority of all the members elected tt
Said Senate, refused TO consent to salt
and appointment of said Ed
Fwin X. Cochran, Jr, ESD, to said office
for said term or otherwise and said ma
.iority of all of said members elected t.
said Senate never consented at any tim'
q said nomination and appointment
rbnt no session of said Senate otho
han the session aforesaid has brrn liel'
iy,.c the said twenty-second day of DC
;ohcr, A. d., 1860.
And the said defendant further salt
|tIat the salary, foes and emoluments o
lthc said office of the city judge afort
said .Iid. since the said twenty-sccon
/ lay of October, A. d., 1900. and sti
continue to exceed the sum of fivc nun
drcd dollars annually, to wit: the sa'ar
1 of said office of said city judge is iiftec
hundred dollars per annum, as provide
Hin the Statute of the State of Dell
ware i'll that behalf.
And said defendant further saith thi
lon the ninth day of March, A. d., 100
after the said adjournment of the sal
session of the said Senate. the Cove
1nor of the State of Delaware granite
Auuto this defendant who then and thel
&wos n resident of the said city of Wi
&minwton, Il man learned in the law and I
& at least seven years standing as
practicing attorney in the Superb
Court of the said State, II commissit
in the words, letters and figures folloN
ing, to wit:
"Thc State of Delaware,
10 Philip q. Churchmnn, ESD, of Ne
Castle county. greeting:
Know you, that reposing special tru
and confidence in your knowledge,
tegrity, prudence and ability, we ha
constituted and appointed, and by the
presents do constitute and appoint yo
the said Philip Q. Churchman to
city judge of the Municipal Court for t
city of Wilmington giving hereby a
granting unto you, the said Philip
Churchnlan. full power and authority
execute and discharge the said office
city judge of the Municipal Court for
city of Wilmington in all the seve
parts and branches thereof and keep
of all records, books, papers and WI
ings whatsoever TO the said office