Every evening, Wilmington daily commercial., 1921-08-05
NO HOLD OVER PAY
FOR JUDICIARY, SAYS
ATTORNEY Y-CENERAL
Continued from page I.

in the least influenced by the adjudi
Gated cases which | have examiner
and l shall therefore refer to only
few of such quotations as follows:
Volume :. page 44Ge, Constitutions
Debates, March is, 1897. quoted Mr.
! Spruance speaking as follows with re
spect to judgeships:
Nobody In TO be appointed for
life. Nobody liz to be appointed for
a term of years. If a man takes
this office for term of twelve
years he knows that when that
twelve years is ended he Is out.
He takes IL with all the contin-
gencies"
Mr.. Joshua A. Elleeood In also
quoted az follows:
when a man is appointed for
ten years and receives the salary
of that office, let him retire
But after they have been appoint
ed for twelve years and have re-
ceived the salary attached to that
office let them go back into the
walks of life as other men do who
have held office ."
In volume Z, page 44s0, and In ref
erence TO the Judiciary, Mr.. Wood
burn Martin, evidently having in
mind what MIR. Ellegood had said /,
quoted as having said:
THAT is just what they do
After they have served this twelve
years that is the end of them so
far as the state is concerned"
In volume IS. page 1922. March 25
1897, Mr.. Spruance in speaking about
the Office of Justice of the peace and
the judge of such inferior courts as
might he established. and the method
of filling vacancies in such offices
said:
but as TO those six judges.
il was the opinion of the committee
that when a vacancy should oc-
cur. and when the Senate was not
in session. that there should not
he the filling of the vacancy until
the Senate met; but general pro-
vision was put into the section
whereby the governor was requir-
ed within a very limited time,
some thirty days. to call the SEN
ate together. The reason of that
was this. that il was not thought
desirable to anticipate final action
in that appointment. Somebody
could be appointed temporarily.
No inconvenience could follow be-
cause the governor had the general
power to appoint a judge ad 1item
in case there was anything TO de-
mand immediate attention. but
that vacancy should remain open
until the governor could convene
-kxs
another section provided that he
may do by proclamation"
The constitution provides for the
appointment of judges ad litem in al
of the courts excepting the Court OF
Chancery. with respect TO which there
il evidently casus omissus II
might be urged that If the chancellor
did not mold over there would be ne
equitable relief. because there would
be no other officer who could perform
the duties Of the chancellor, and that
/ ii was To cover such cases that Sec
tion OF Article Is was incorporated
/ Ia the constitution Such &C cGntentior
does not stand the light Of reason, be-
cause exactly the same situation woulc
arise in the case of the death of the
chancellor or of his resignation, or OF
his removal from the state This
situation with respect TO the chancellor
might furnish a strong argument for
an amendment TO the constitution
but il is no reason for taking the
language of the constitution and at
tempting TO give 10 it a meaning that
il does not possess.
Among my notes Of cases examined
are numerous references TO other au-
thorities supporting the conclusion
herein reached. 10 which reference
could be made. but as this opinion Is
already drawn out al great length, !
will conclude II by saying that / am
of opinion that the state judges do not
hold over beyond the constitutional
term Of twelve years, as a result OF
which. the salary, which is an Incl
dent OF the office, ceases with the ter
mination of the twelve-year term.
Yours very truly,
Sylvester d. Townsend, Jr,.
Attorney General