The Wilmington daily Republican., 1901-01-25
MUNICIPAL y .
COURT JUDGE.
Attorney General Ward
Gives Ills Opinion in
Reference to COnfir-
nation Munici.
:. pal Judge.

Municipal Court Judge. He says
lin his opinion in part:
MY Dear Sir: You have submitted
4 10 me, IN my capacity as attorney.
4 general, the question of whether
the appointment of Edwin Il. Coch-
ran, as Judge of the Municipal Court
OF the city OF Wilmington, must be
confirmed by the Sena te.
In my Judgment, such contirma-
tion by the Sen ate is necessary, and
for the following reasons:
The contention that the appoint
ment Of judge OF the Municipal
Court need not necessarily be con-
frmed by the ienate, in accordance
with the State Constitution OF 1897.
depends upon the assumption that
said court is clearly municipal
agency, and the Judge thereof pure
ly municipal agent.
That corporation court may be
constltutlonally established for the
, city of Wilmington, over which some
corporation agent or orrepresent tatlve
may preside, is clearly shown by
the case of Gray VS.. the State of
Delaware, Harr, TO- etc. In that
case was considered the status of
the Mayor S Court Of the city of Will
mington, and it was there held that
the fact that the mayor was chosen
by the corporation electors and held
the court only as an incident OF his
mayorality, was not inconsistent
with the constitut' 'onalty of the
court as so constituted.
In the State of Delaware VS.. he
Wilmington City CouGcil, ; Harr.
2o4, ETC., it was held that the city
treasurer ior the city of Whining
ton was not "clVI officer in the
State OF Delaware, soas to prevent
a clergyman from holding such
office. This case held that such
city treasurer waspurely an officer
ol the corporation. and not an Off.
Ger OF the State Of Delaware.
In both of these Cases, however,
tie ottlce IN question was one Great
lei as corporation Office and filled
by persons selected by the corpo--
rate electors. Neither OF these OF
tlters was appointed by the Cover.
nor. In neither OF these cases arose
any question like that which has
nov arisen in the case OF the ap-
polntmcnt of Mr.. Cochran by Gov
eruor Tunnel. There was, in
these early cases, no provision of
this constitution like those now un-
der discussion.
The Municipal Court was estab-
- shed by provisions III The charter
ot the city of Wilmington O. 1883,
by the following word 5:
From and alder the first day Of
June A, d.. 1883, there shall be and
- hereby established within the
sad sty a court of record and OF
Law. which shall be known by the
name, style aud title OF The Mu.
n'cipal Court for the city of Will
ming on, and it shall be the duty
OF the Governor, before the first day
OF June, aforesaid, TO appoint and
commission city Judge, who shall
have power and authority to mold
and keep said Court OF Record" "
by the act by which this court
was established, and by supple
ncnis thereto, it is provided;
~. That the said Judge shall
hold his office ior the term Of II
years, unless sooner removed by the
General Assembly.
t3l That he shall take the oath
OF Office prescribed by article S Of
the Constitution OF the State.
This article S CT tn: late consti-
tutiOu reads as follows:
members Of the General Assem-
bly, aud all officers, executive and
judicial. shall he bound by oath or
affirmation, to support the consttu-
zion OF this state, and TO perform
the duties OF Their respective Offices
with hdcIty.'
e. In case Of the sickness, alb.
Aeute interest III the cause or pro
cccdin., or liability OF such Judge,
the associate Judge OF the SUPERIOR
Court, resident in New Castle coun.
ty. may either perform the duties
OF said city judge, II designate in
writing some suitable person to dis
charge such duties, whose acts
shall be oI the same force and cf-
Fec as if performed by the SAID
city Judge
~ The said Municipal Court
was given sole and exclusive iuris-
d;ction TO inquire ol. hear, try and
2oa,ly determine n, those criminal
matters and o'IrDscs enumerated
in the 18th section ot he eth article
oI the late constitution Of the state
when committed WITHIN said clty.
and 20 punish a. perso convicted
of said o!tcnScs, OF any o! thcuh
agreeabIv TO the law. u! the state.
81 The Judge Of The Municipal
Court was given al The powcrs and
jurisdiction OF Ur'ice OF the peace
In crIminaI cds-S 'or New Castle
COUNT,
10 1t was uade th1 duty Of
every Justice d TIE peace, or other
comnntttlng magistrate whenever
any person was brought t. him,
charged with any criminal matter
pr oIensc property cognlzable in
The Municipal Court Of the city Of
Wilmington, 10 inquire into the
samc, and II he should find that
there vas probable ground for the
charge TO hold him FOR trial before
,the Municipal Court
n a. The city solicitor, Tor the
time being, was made ex.otiicio the
prosecuting officer in said Munich
-Npai NOurt; but Il MaA further nrn.