Evening journal., 1912-10-24
new JUDGE
ON The BENCH
in CITY COURT
MIR. ChurChman Will Not Re-
sign as PrOthOnOtary Be-
fore the Election
OPENS WAY FOR VOTERS
TO CHOOSE NEW OFFICIAL

Philip Q. Churchman, prOthOnotary
of New Castle county, who was APP
pointed Judge of the Municipal and
City Courts by Governor Pennewill on
Tuesday. took the oath of Office prior
to City Court convening this morning.
The oath was administered by Mag
istrate James W Robertson, in the
presence of Mrs. Churchman and his
daughter. Miss Katherine, and num-
Der of friends. including Winfield S.
Quigley, Henry c. Robinson and
others.
In large vase on the judges
bench was a handsome bouquet of
roses, from Mrs. Churchman. The
Bible on which the oath was admin
istcred was presented to Judge
Churchman by Lewis sasse. clerk of
municipal court under Judge Cochran,
who will serve in that position until
Judge Churchman appoints his sue
cessor.
Magistrate Robertson first admins
tered the oath as judge for the mu-
nicipal court and then for Judge Of the
city court. While the Oaths we're
being taken the spectators remained
standing. At the conclusion Judge
Churchman was congratulated by
Magistrate Robertson, Chief of Police
Black, Philip l.. Garrett, who acted as
prosecuting attorney in the absence Of
Assistant Solicitor John f. Lynn and
Clerk Sasse.
At the cl ,se Of the session this
morning as Judge Churchman de-
scended from the bench, his wife and
daughter both kissed him. Judge
Churchman asked Clerk Sasse 20 con-
tinue in his position for some time, as
he has not yet selected a clerk.
Judge Churchman'S Statement.
Following the session of City Court
Judge Churchman issued Statement
in which he said he would not resigr
as prothonotary before election. Judgl
Churchman said
THE Offices Of City Judge and Pro
thonotary are not Incompatible.
think it would be most unfair fol
iiit " AGclhu uo l0lnOnoNaAe hAANA'
the election, for i'm that event, the
Governor would appoint for term o.
over two years, and there could be
no election for the Office Of Prothon.
tary on November 5th. It is my judg-
ment that the voters have the righi
to select their Prothonotary. Accrd.
ingly l shall hold the Office Of Pro
thonotary until after the election, and
then. if the public interests demand il
l shall resign"
BY adopting this attitude Judge
Churchman leaves the way clear for
the voters to elect a prothonotary al
the November election. whereas II he
should resign before election day the
Governor could, as Mr. Churchman
points out. appoint a prOthonotary Ia
serve until December 81, 1914, and
thus do away with the election Of q
prothonotary this year
AS was pointed out in these col
umns on Tuesday. the following arc
the constitutional provisions in re-
gard to filling vacancies occurring
within two months before on election
and are found in the Ninth Section OF
the Third Article of the Constitution
I'm case Of vacancy in an elective
office. except as aforesaid, a person
shall be chosen TO said Office for the
full term at the next general election
unless the vacancy shall happen
within two months next before such
election. in which case the election
for said Office shall be held at the
second succeeding general election