The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1890-02-16
JUDICIARY REFORM.
Il May Be Delayed Seven
Years by Pending Con
stitutional Amend
ments.
LEADING LAWYERS VIEWS.
The Court of Appeals the
Main Object of Attack,
but Some Think the
Court Of Chan
Gerry Should
Go.
LEADING LAWYERS VIEWS.
SOME VALUABLE SUGGESTIONS.

The Court Of Errors and Appeals, with
IT'S peculiar aud complicated methods of
procedure, has long been thorn in the
sides of the lawyers practising at the Jer-
sey bar, aud the question of reform of
the judiciary of the State has been dis
cnssed by them for many years back.
Method after method has been suggested
for its reorganization. But no concerted
movement to that end has been made, al
though every lawyer whose practice
brings him before the Appellate Court
recognizes the necessity for O change.
gone vicious principle that under
lies the present organization of the Court
is the opportunity it affords Judge of
the subordinate Supreme Court to liter
ally, If not practically, review his own
decisions.
The court is composed of the nine
judges of the Supreme Court, the Chan
celior and six lay judges. An action
that is begun in the Circuit
Court, over which Supreme
Court Judge presides, can be
taken direct 10 the C0nrt OF Errors and
appeals provided no certiOriri issues from
eng OF the regular branches of the SUI
preme Court 10 review the Judgment. An
action begun in Supreme Goure of course
goes to the Court of Errors and appeals
if the litiganrs desire a final Judgment
POSSIBLE LOG ROLLING.
Although constitutional provision de-
bars a judge who has sat in Judgment in
the lower Court from reviewing his own
decisions in the higher one, the constitu-
tloI cannot act as check to restrain the
judges of a coordinate tribunal from ex-
changing professional or judicial comfy
aud agreeing to uphold the decision made
BY a brother Judge as the consideration
for like courtesy.
This is one of the peculiarities of the
highest tribunal OF the State that is con-
cededly wrong. Although the lawyers
OF the state nave become partially recon-
ciled to it as the result of long practice
they do not cease to criticise it,
A leading lawyer in this city who is
favorably inclined towards the Court in
its present shape, pointed out to me that
as At present composed the Court is liable
ut any time To give a decision that is
directly contrary 10 the deliberate opinion
of majority of the judges.
The case in point is the noted one that
was brought to test the constitutionality
of the local option law.
A CASE IN POINT.
The cause was tried in Gloucester
coat before Garrison. 1t was at first in
tended TO review the decision before the
main branch of the Supreme Court. But
it was found that the trial of the case on
review would consume so much time that
an agreement was made to carry it direct
from the Gloucester Court to the Court of
Errors and Appeals This course would
disqualify only Judge Garrison from sit
ting on appeal
The case was tried in the court Of final
resort before the fifteen judges. and the
vote stood eight for and seven against
the constltutionality of the law Had it
been received before appeal by the main
branch of the Supreme Court the three
judges then sitting, as we'll as Judge
. Garrison, would bave been disqualified,
and directly opposite decision from that
made woule have been the result.
THE LAY ELEMENT.
The presence of the six lay Judges on
the Court Is also regarded by many able
lawyers as useless and numbering it with
unnecessary numbers Many lawyers are
outspoken in their disapproyal of the
presence of these judges on the bench of
the Appellate Court. Some are tolerant
and regard them as of the same practical
service as so many juryinen are IN pass
ing on questions of fact in the common
law courts.
But pregnant fact that many lawyers
have PROBABLY overlooked is the danger
they are in of being barred from effect
ing any reform of the judiciary in pos
sibly seven years.
SEWN YEARS DELAY.
The State Constitution provides that
an amendment must be first passed upon
by two legislatures before submission to
the people; and that but one amendment
can be presented in five years. The pres
ent Legislature is TO pass second time
on proposed amendent that will make
special legislation possible.
II this amendment is passed reform
OF the judiciary will be practically inn
possible for the period of the constitu-
tional limit. OF course it could be conf
passed by the calling of Il Constitutions
don OF che smaller counties, through the
agency of the Senate, will be one effectuat
barrier against any such method OF jer-
forTn.
The opinions of some Of the leading
lawyers in the city have been obtained
IN reference the subject and are
appended.
Ex-G Governor Bedle was just approached
askee him IF the present amendments
%Ass the legislature, and are submitted to
tue people will that prevent any amend
lnents for Judicial reform for 1--WE years?'
Yes" was the reply.
nv hat is your opinion, l pursued
"about Judicial reform in this Slater,
u have pretty decided views upon the
necessity of it, . the Governor returned,
4but have not time now TO present them.
! will simply say that we need a new
Court OF Appeals. differently constituted,
so that there will be time enough to fully
hear, consider and speedily decide cases
Driven as the judges now are with other
business, they Go the best they can with
the limited time, but the business has so
grown rs to make IL necessary to have a
court differently constituted
Ex-Assemblyman William I'll. Corbin,
Of the LAW firm OF Collins & Corbin, stated
his views substantially as follows:
= MIR. rogBIS's PLAN.
l0QAy cher objection TO the Court of
~ and Appeals Is that it 10 too large.
not opposed TO the Supreme Court
aiktang on appeal, but would