The sun., 1901-12-07

portunity for that purpose, to the forces
then active and successful, for preventing
the election of United States Senators
at each succeeding session of the State
Assembly.
We are aware that it has been claimed,
and that it may again be claimed, that
the Supreme Court as constituted by the
constitutional convention, could not sit
and settle the controversy in the Kent
county mandamus case in the absence of
statutory provision for that sitting But
is that true? In answer to this let us
say that the mandamus case involved the
constitutionality of the assembly upon
whose action the sitting OF the court
awaited. In that case was the assembly
competent, its own title TO authority he
ing in despute, to legislate upon that
point. and was not such legislation the
enactment Of injustice into law? Again
in the absence OF statutory provision for
the sitting of the court was not the con
| Stitution the law to be observed in the
ease and not only the only law in the
| case but law in which provision for the
| sitting of the court, and its settlement Of
| the case had been made? 1t is certain
| that the constitution was in force. 1t is
| equally sure that the constitution had
! provided for, and authorized the appoint
ment Of the judges who should constitute
| rh,. Sunretnn Enuit II iS oIan nuunlly
sure that these judges had been appoint
ed. aud if we remember rightly what oc
| CURED at the swearing in of the judges.
| the then governor OF the State inquired
was necessary to call the legislature into
special session to make provision for the
transaction of business then in or to come
before the courts OF the State, and that
there was no necessity for that, as they
already had all the necessary authority.
II this is correct, and we are not con-
scious of any error III the statement, why
was not the sitting Of the Supreme Court,
Il session OF which appears, under the cir
cunlStances, to have been both necessary
and desirable, included in the authority
then vested in the judges! But what
does the Constitution say in the matter
Of courts aud iuuges! First, we find
this in the Bill Of Rights:
IAN courts shall be OPEN"
The context to this declaration appears
to interpret it as meaning that no delay
shall occur, unnecessary delay at least,
in the hearing and settlement of either
pending or new eases. Again the Con
Stiiltiun provides for the appointment of
judges without the consent Of the Sen
ate, which is plain provision to facili
tate the work Qt the conrts-all OF The
courts. Again it says, in the same arti
clr aud section:
The persons SO appointed Shall enter
upon the discharge Of the duties Of their
respective offices upon taking the oath
of office prescribed i'll this amended Con
Stitutiun."
l'nrthcr the Constitution provides:
Until the General Assembly shul
otherwise provide, the chancellor shall ex
the State vests in the chancellor,
! ana the chief judges and associate judge,
. shan each singly exercise all the power;
which any law Of this State vests in tn,
judges of the Superior Court"
10 return TO our first proposition, th,
-, .-.. -t-i----.t a.....~ ~, ero,n ~.
exist because Of general disregard 70
the law, and assuming the Delaware
, NOR" than any other State Of the union
is being injured by this disregard 70
Law, We have tried 10 lift this discussion
out q the slough Of partisan ana fac
tiunal politics. and 50 direct attention t,
ii I'D" serious fault in our body poiti
than earn possibly grow out If the mercl,
political, or party contests such as occu
~ elections. The return board revolution
! III Kent county was n characteristic in
cd,nt the like Of which might occur any
wlicr" during heated party contest, nnt
di>rrputahl" as il was il palrS into nSig
iittrancc when compared with tie evil
arising from Il disregard for law, a mis-
direction If law, which destroys il,
corrective furrc-thc one dSturb"S tn,
pcacr and attempts to thwart the viii
of lln' people, but the other destroys tn,
authority of the State and gives higl
sanction to riotous efforts 10 subycrt law
aud justice. This can only occur whcr,
parIiSan>hp oy"ridcs patriutism wher,
might >uhycrtS right, and the people, be
iug aware Of il, submit to outrage.