Evening journal., 1901-03-21
COURT HEARS
JUDGESNIP CASE
Argument in the Proceeding
Opened This Morning
is yE CITY Or STATE OFTICFRs
This Is Question Counsel Ask
Court 10 DCridC-Mr. IIarman
Opens argument

Argument in the quo warranto pro-
cCcdings 10 determine whether it Is
necessary tor the state Senate 20 con-
nrm the appointment OF a juigs for
the Municipal Court OF Wilmington,
was begun in Superior Court this morn
ing. ltcbent G.. Harman and j. Harvey
Whitcman appeared for Edwin k
Cochran, who brings the suit so test
the validity Of Phihp q. Churchman's
appointment TO the Office, and II. IL.
ward and Walter II. Hayes for Mr..
Churchman, the present Judge Mean
bors of the bar showed dcap interest in
questions OF law involved IN the case
by the presence OF many Of them in the
court room.
Mn Aalman or-ncd the argument by
presenting an acceptance OF the State
Constitution, which was ordered filed
lie then read the petition and plea, q
demurrer TO the latter being read by
Mr.. Ward. The demurrer admits IN.
facts that J. Frank Ball's term as Mu.
lnicipal Comt judge expired on October
n, 1900, and That two days later Mr.
Cochran was appointed his successor
lby the then Governor Tunnell anl
/ that he served unIl March n, 1901
| Containing, the demurrer stal0s tha
thc name of r. r. Cochran. Jr.. wa.
sent TO the State Senate for connrma
ton which the Senate. on January l6
refused TO do On March Governol
HUM commissioned Philip Q. Church
man as judge of the Municipal Cour
lundl the expiration Of the term fixe,
under the hw, and that he hold tn,
position by right OF law. The com
InIufunufu ma nlra FrhtfuI az .fI, lalt... 49,.
ltcntion.
Taking up the argument proper, Mr.
| Halman cOntended that it Is not neccs
lsary for the State Senate TO confirm
the nomination of the municipal Judge
or any c.her city official. Because ssc
lton ., article 3, State Constitution
does not refer to municipal officers. bu
To state and county officers; becausl
lscc.icn - OF article OF the COnstitu
luon refers to inferior courts that MAJ
be established In the futua and fur
3 tnormore, because no section OF IN,
state Constitution. suggests that thu
Municipal Court judges appo ntmen
must be ccnL.mCi by the Smta Senate
! . hose sections OF the Constitution q
which Mr harman refers and con
tends do nct refer to municipal om
GERS are: "He (the govcrnOr) shall hay,
lpoWcr, unless otherwise provided. Q.
appoint by and With the consent of ;
majority cf the members elected TO IN,
Senate, sgdh officers as ne Is or may bl
authorized by this Constitution or b,
law appoint '--Slc,.on 8, article 3.
Justices of the pace and the judges
Of such courts as the General Assembl,
may establish pursuant to the prOvl
slons OF section 1 cf section 80 Of tn,
article shall be appointed by the COVER
nor by and with tn econsent of "a ma
JoIdty of all the members elected 10 tn,
Senate, for such terms as shall be fXet
by this Constitution or by law. Sec
tiOn 30, article A.
The controversy narrows down to tn,
question as to whether Mr. Churchmar
is a municipal or State officer. In pre-
senting authorities, Mr.. Hartman show
ed that municipal judges are municipa
officers, and therefore do not come un
der the supervision of the State Senate
Mr.. Harman argued further tnat the
salary Of the judge is paid by the city
and that all fines assessed by him are
paid into the city treasury. In hscuss-
ing the constitutionality question, he
said there is no allusion to tho name
city judge in the constitution, there
fore no provision of the instrument re.
ferring to State officers can refer tc
the municipal of city judge.
The argument will be continued this
afternoon.