Evening journal., 1912-10-22

GETS CITY
JUDCESHIP
New Castle County PrOthOnO-
tary is Appointed to Bench
by Governor PennewiII
LOST OFFICE TO
COCHRAN IL YEARS AGO

Governor Pennewill this morning ap-
pointed Philip Q. Churchman Of Will
mington. to be judge OF the Municipal
Court OF Wilmington TO succeed Ed-
win r. Cochran whose term expired
at midnight The appointment is for
twelve years at a salary OF $500 a
year. Mr. Churchman is at present,
prothonotary of New Castle county
He is a Republican. and Judge Coch-
ran, whom he succeeds is a Demo-
crat
Judge Churchman at noon said he
had received no word from Governor
Pennewill OF his appointment, aud
all he knew about II was what he
had heard from newspaper reporters.
Judge Churchman said he could not
say when he would qualify, as that
would depend upon when he receiv.
cd his commission from the Gover-.
nor Neither could Judge Church,
man say whom he would appoint ag
clerk OF the municipal court to sue
coed Lewis Sasse. There Is a report
that Magistrate Thomas S Lewis may
be appointed clerk of the court.
which Office pays $1,000 a year. This
is less than the Office Of magistrate
pays.
Judge Churchman's appointment
does not require confirmation by the
Senate. He now will assume the city
iudgeship to which he was appointed
twelve years ago, but was deprived
OF the Office by a decision OF a ma
lority Of the Supreme Court of Della
ware--a situation In which the opin-
ion OF two judges prevailed over the
opinion of four judges.
Judge Cochran had been appointed
by Governor Tunnel on October %,
1900, to be City Judge, for a term
OF twelve years The appointment
was sent TO the State Senate for con-
firmatlon early In 1901. and the Re-
publican majority of the Senate re-
fused TO confirm the appointment OF
Cochran. Governor Hum, who in
I January, 1901, had taken Office. ap-,
pointed Mr.. Churchman to be Municl-l
pal Judge after the Senate had re-
fused 10 confirm Cochran. The SEN
ate confirmed the Churchman appont-
ment
Judge Coclran at hrsis fcfnsotl 20
surrender the bench in City Court
when Mr. Churchman entered tho
court room to assume the bench. but
finally did so under protest and after
a spirited scene in the court room.
Judge Cochran carried the case into
Superior Court, claiming the judge
ship on the ground that his appoint-
ment did not require confirmation. as
the Judge was a city officer and not
State officer within the meaning OF
the Constitution. Counsel for Mr..
Churchman contended that confrma-
ton by the Senate was necessary
, under Section 3, Article 3, of the Con-
stitution, which reads: Unless herein
otherwise provided. confirmation by
the Senate OF officers appointed by the
Governor shall be required only where
the salary. fees and emouments Of
Office shall exceed the sum of $500
annually
Chief Justice Lore and Associatel
Judges Pennewill and Boyce inl
Superior Court unanimously decided
that Cochran's appointment required
confirmation, and that Churchman
was entitled 10 the iudgeship.
Judge Cochran, however, appealed
to the Supreme Court. in which
Chancellor Nicholson and Judge Grubb.
a majority of the court, decided that
COchran's appointment did not require
confirmation, and Cochran therefore
was entitled to the ludgeship. Judge
Spruance decided that the appoint
ment required confirmation, as the
appointment was by the Governor at
salary Of more than $500 year Thus
the opinion of Chancellor Nicholson
and Judge Grubb. a majority OF the
upper court, prevailed over the opin-
ion held by Chief Justice Lore, and
Judges Pennewill, Boyce and Spru-
notwithstanding one Of the singular
phases OF the American judicial sys-
TEN. Judge Cochran assumed the
bench, which Mr. Churchman relin-
Continued on Page Two.)