State v. Churchman

Citations

• 19 Del. 361
• 3 Penne. 361
• 51 A. 49
• 1902 Del. LEXIS 3

Syllabus

<p>Writ of Error—Quo Warranto—Demurrer—Constitution—Statute; Construction of—-Municipal Court; Judge of, not State or County Officer—Municipal Officer—Appointment of; Confirmation by Senate not Required— Reversal of Court below.</p> <p>1. In adopting the language of a prior statute or constitution, the Legislature or Constitutional Convention are presumed to have had in mind the construction given to it by the Court.</p> <p>2. The word “officers” in the appointing clause of the Constitution of 1897 applies to State and county officers only, and not to the officers of a municipal corporation.</p> <p>3. The City Judge of the Municipal Court for the City of Wilmington is an officer of a municipal corporation, and therefore not within the purview of the appointing clause of said Constitution.</p> <p>4. The appointment of a City Judge of the Municipal Court for the City of Wilmington is a valid appointment without confirmation by the Senate.</p> <p>5. The judgment of the Superior Court in the case of The State of Delaware npon the relation of Herbert H, Ward, Attorney- General, vs. Philip Q. Churchman, 3 Pennewill, 167, reversed.</p>