Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1906-12-29
FAVOR LnANGES
IN THE JUDICIARY
Many Attorneys Believe That
a Oae Judge System Would
Be Beneficial
SHOULD SEPARATE
SUPREME COURT

It is not improbable that at the COM
Ing session of the Legislature two inn
portant measures will be introduced,
supported by members OF the New
Castle county bar, one touching upon
the subject of pensioning upon retire
ment from the bench at a stated age
the tSate judiciary and another inau-
gurating, through an amendment TO the
Constitution of a one judge system in
the county courts and instituting
separate Supreme Court
In the County Court House this af-
ternoon members Of the New Castle
County Bar Association and the Law
Library of New Castle county are hold
Ing their annual session and during
the proceedings VIII EJECT officers for
the ensuing year
Change Of Judiciary
There seems to be a deep sentiment
among a number OF prominent lawyers
Of the bar of this county for what is
termed a one judge system. whereby
the present bench will be reduced from
three judges to one judiciary, sitting at
a time in certain courts. II is argued
along this line that the time of hold
Ing courts should also be changed from
four sessions a year to a continuous
session, beginning on the first Monday
IN every month and continuing, holi-
days excepted, until such business that
may come before it shall have been
transacted.
This is favored in view Of the fact
that in many instances clients are
compelled to wait frequently months
before their cases come up for trial.
and even then a continuance is not in
frequently granted.
One Of the reasons urged for the one
judge system is that the present meth
Cd is antiquated inasmuch as other
states have adopted more modern
, fas.
Supreme Court
The present Supreme Court is com
posed Of the chancellor and the two
Judges that have not sat upon cases
which came before them during their
general duties as jurists. Some attor-
neys do not favor this system and urge
that the court should be separate in
overy respect from the lower courts.
They believe that an entirely separate
set OF judges should constitute the
highest tribunal in the State. and that
It should be absolutely distinct from
any other legal bodies.
Must Amend Constitution
In order to brin gabout the enact
ment Of such measure it will be nee
essary to have an amendment to the
Constitution. which requires the action
Of two-thirds Of the members of two
Legisiaturec.
The terms OF the present judges ex-
pire in June 1909, according to an
enactment Of the new Constitution, and
thereafter it shall be the duty of the
Governor TO name judges for a period
Of twelve years only instead of for
lifetime as heretofore.
To Pension Judges
Another topic which will come IN
Tor discussion this afternoon will be
9f interest to those who succeed the
present judges. It is a fact that Judge
lgnatius c. Grubb has been incapaci-
tated for duty through in-health for
some months, and has been unable to
occupy his seat on the bench. It is
proposed to present a bill,to the Ieeis-
iature permitting him to retire on nav.
said pay to continue until the expira- =
ton Of his term. Inasmuch as such a.
measure would probably not apply to
"uu6e GIuDD case alone, it would
have an effect upon the entire bench.
some attorneys favor judges being
permitted to retire at the age of 65
wears, and to receive pay until the ex-
piration OF their terms.
IT is believed by a number OF local
attorneys that one judge would be suf-
fcient for the two lower counties Joint
W. This view is held owing to the fact
that the business transacted BY the
courts Of both lower counties does not
compare TO that of New Castle county
alone, and that one judge could well
sit in both courts.