Worcester Democrat and the ledger-enterprise. (Pocomoke City, Md.) 1921-1953, 1934-12-07

County Courts underwent no change
from their colonial organization under
the Lord Proprietary.
That Act recognized the entire
judicial system of the State, and by
it the state was divided into judicial
districts; the fourth district compris-
ing Caroline, Somerset, Dorchester
and Worcester Counties.
BY its provisions, it was enacted,
that the Governor and Council be au-
thorized and requested to appoint and
commission for each of said districts
one person Of integrity and exper-
fence and sound legal knowledge, who
shall reside in the district for which
he is appointed (who shall be styled
in the commission Chief Judge Of the
county courts in said district), and to
appoint and commission in each of
the counties in this State two per-
sons of integrity, experience and knowl
edge, residents of the county for
which they are appointed (who shall
be styled in the commission Associate
Justices of the county court of the
county for which they shall be appoint
ed and the said Justices shall hold
their commission during good behav-
ior, and may be removed for mis-
behavior in the same manner as the
chancellor and the judges may be re-
moved agreeably to the constitution
of this state and not otherwise.
BY virtue of this act, commits
sion issued to John Done Of Somerset
Co., as Chief Judge of the County
Courts of the Fourth District, on the
18th day of January, 1871, and on the
same day a commission also issued
to William Winder and Henry Jackson
of Somerset County, as Associate
Justices of Somerset County Court.
The County Court met on the Third
Monday in May, 1871, with John Done
as Chief Judge and William Winder
and Henry Jackson as his Associates.
At May Term, 1893, ellis Polk sue
ceeded William Winder, and on the
23rd of December, 1895, commission
was issued to John Gale and Levin
Winder as Associate Judges, they
succeeding ellis Polk and Henry Jack
son, and making the Court then con-
sist of Done, Chief and Gale and Win
der Associates.
John Gale had but a short judi
cial career, and at May Term, 1897,
he was succeeded by George Robert
son.
On the 9Th of February, 1899, Judge
Done received a promotion and was
made a Judge of the General Court
for the Eastern Shore and on the
25th of the same month, William
Wilmington, of Worcester County,
was commissioned to succeed Judge
Done as Chief Judge of the County
Courts of the Fourth District.
There was no other change in the
Somerset County Court until after the
passage of Chapter "a of the Acts of
1901, which legislated out of office
all the judges of the County Courts.
The passage of this act was resisted
with great feeling, especially among
the judges, as it was supposed by its
opponents to be an attack on the in
dependence of the judiciary.
Judge William Wilmington, Chief
Judge of the County Courts of the
Fourth District, was not re-appoint-
ed, but William Polk, of Somerset
County, was commissioned to succeed
him.
To test the validity of the Act,
Judge Wilmington, the dislocated
Judge, sued out of the General Court
of the Eastern Shore against Judge
Polk writ of assize of novel dis
seisin to the end that the constitution
atty of the novel legislation might
be submitted to judicial decision.
In sustaining the validity of the
Act, the Court decided that although
in the opinion of the court the said
repeating act in depriving the plain
tiff of issaid office, is an infractior
of his right and incompatible with
the principles of justice, and does not
accord with sound legislation, yet, as
the right to hold the office, and the
the office was created by the act OF
assembly, and was not vested in the
plaintiff by the constitution, and there
being no clause or article in the con.
stitution or bill of rights, prohibiting
or restraining the legislature in pass.
ing the said repeating act, the court
are Of opinion the said act is not
void.
The commission of William Polk
was dated the 22th January 1902 and