Evening journal., 1901-03-27
COURT UPROLDS CHURCHMAN'S
RIGHT TO CITY COURT JUDCESHII
(contInued From FIrsl Pagel.

tOuld not bestOw upon the SAID corpo-
ration the right to appoint the officers
bf such court because Of section 8, ar
|icle 8. of the then recently adopted /
Constitution GS31) which provided |
hat "he (the governcr) shall APPOINT |
I'M officers whose offices are establish |
d by this Constitution, or hail be es-
ablshed by law, and whose appoint |
nents are not herein otherwise pro- |
lided for" The court in melting tins |
objection: These are not officers, |
ither Of the State or county. but OF |
. ae corporation; and, thCuga Il SnJuld |
\ be considered that the court, as a
mayors court, under its enlarged jur-
4 sdiction and new name, is established
y Athe act Of 1882 it is only by the in
Il rease of powers, of officers existing
q efore TIE Constitution and whose APP
81 DIN .msn-s are therein otherwise pro-
II ided for" The court in meeting this
n ight to the corporation CT Wilmington
A. elect its own oilictI5
n hey THE Legislature We're author
n .ed h. select this corporation court
s. nd bestow upon it all the jurisdiction
u hat they could confer on any inferior
a burt of their creation. Having select
81 it, and established it as a court with
~ Enlarged powers, the apI eminent II
# s. officers remains as nelc .ofOrs ia
# ne corporation A pertinent
nd controlling fact in this case is that
a he appointment Of the Judge for said
Ri 0nicipal Court as now established,
# lss not remain in the corporation Of
tnt4ty of Wilmington, but it was, un-
n the act creating said court, rppOsed
*. The governor of the State And
# hether it be conceded or not tlat the
B id judge is an officer Of the corpora
1n. we must looko outside Of the
asoning pursued and the conclusion
ached in the other case to determine
is case
shall have power to ap-
int such officers as he is
may be authorized by this Consti-
ion, or by law to appoint" is the
guage in the corresponding section
the PRESENT Constitution; and the
rase such officers as he is or may
authorized by law to ap-
mt imports a present as well as a
ure operation, and carries with 1t a
sent design and operation as COM
hensiye in its meaning as the lam
lge Of the phrase itself; and we fail
see how these words, broad as they
in their meaning and scope, do not
brace and carry with them the office
the city judge Of the said Municipal
irt, whose appointment is by The
'erncr lis expressly authorized by
under the salute, creating said
rt and designating its judge and
mode OF sappOintmen enacted be-
and legally existing at the time
he adoption of the present COnstitu-
For, as was said in the Forbes
supra, the words established OF
be established" in their natural
ordinary meaning reasonably i'm
that the trainers of this (the pres
Constitution contemplated Tho
inued existence of some inferior
{ or courts-such as said Municipal
rt-lawfully established by The
eral Assembly before, and legally
ting at the time the present Con
tiCn was TO become operative. and
being so. the language Of section
rticle 8, considered in its natural
ordinary meaning reasonably i'm
that the trainers of the present
stitution contemplated the contin.
existence of the said Municipal
70 and the future appointments of
Judges, broadened the languaR Of
aforementioned section over that
in the corresponding section in
ate Constitution for the purpose of
ng confirmation by the Senate of
future appointments necessary.
fhink it altogether improbable. if
unreasonable, to conclude that the
bers Of the late Constitutional
ention. having, as they must have
the existence, continuance and inn
nee Of the OFFICE of said mu-
al judge in contemplation, would not
lidthrOwarOund the futureappOint-
10 said office of municipal Judge
anne check placed upon other ap-
ments by the governor to minor
ess important officers. The Ian
OF said section 8, article 8, is too
and comprehensive in its mean
nd legal import for any such
and limited construction which
We been in a very able and inter-
manner urged to place upon
Je think it both applicable and
ate for the purpose for which Il
'en invoked by the defendant in
ase.
fact that there is a special provi-
relation to the appointment
tices Of the peace and the Judges
~ establish pursuant to the pro-
of section 1, or section 80. Of
iticle 3, the last section of which
Forbes case was given a prospec-
2plication and therefore not ap-
TO this case, we nay reason
ouclude, was provided because
ation by the Senate of officers
ted by the governor under said
3, article 3, shall be required
hen the salary. fees and emolu-
)f oflics shall exceed the sum of
nually, and 10 is a well-lnown
lt the fees, etc. of many of the
Of the peace, and it might well
inferior courts do and would
iced the said sum of $500. and
of this fact and the import-
such offices, said special provi-
ls Incorporated.
demurrer lis therefore overrulad
gment rendered in favor of the
nt.