New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-02-06
ACROSS THE NORTH RIVER.
PUBLIC APPROVAL OF Mr.. PHELPSS NOMI-
NATION.

NATURE OF THE POSITION OF LAY JUDGE OF
THE COURT or ERRORS AND APPEALS
A NEW ORDER OF POLITICS
GRADE.CEossING.
Trenton. y. j.. Feb. 3 (spcclaD.-The nomination Of
William Walter Phelps to he lay judge Of the Court
OF Errors and Appeals proved extraordinarily in
tcrestiDg 10 everybody. The senators laid II over.
along with some Others until tomorrow evening.
the Democratic majority OF that high body being more
less stunned by this new evidence OF personal and
political independence the part OF the Governor.
They will confirm the nomination this week. They
have been home since and they have heard several
voices. The fact is. everybody delighted with
the appointment excepting few hack politicians and
the idea of not accepting opportunity such rs tins
to obtain really eminent and ibrainy Lay Judge OF
Appeals too absurd TO be thought Of The Sena-
tors have seen 50 much dirty politics in the last few
years that they lmay be excused for failing to recog
nize at the merits of higher principles. Another
feature which worried the Democratic senators was
that the judge who retires was among those who
voted for the pardon OF the Jersey City ballot box
suffers. Like some other judges who occupied still
higher places in the State he seemed TO think that
II necessary follow Governor Albeit wherever
lie led. and that when the Governor favored the
pardon nothing left for him TO do but comply
Now lie reres under a cloud. The Jersey City men
who insisted on the pardon Of course. disguised
Among them was Senator "Bin' DAILY. whose bill to
by vote the people rejected by the Governor
"Bill' DAILY is said to be highly indignant at the
repeated punishment he has received, but even he
Is beginning TO realize that the old order Of things
has given place to the new.
The Office Of Lay Judge OF the Court OF Appeals In
New-Jersey Is quite peculiar in its way. 1t is really
survival Of the old Governors Council. when the
Governor was also the Chancellor OF the State and
he and his council heard final appeals. II can be
fraC lapk In ial md I>pc
through $50 years OF legal history. The Court of
Appeals Is the last resort for law cases taken up
from the supreme Court and for chancery taken
up from the Chancellor The court is more an equity
than law court presided BY the Chancellor. and
with six of the nine other judges selected the
ranks OF the laymen, nOminay. at least. The lay
judges are supposed to represent the business.
mon sense view, and to be prepared to do Justice
where legal echnicaities may interfere with the judg
ment OF their associates. AS the justices who heard
cases in the court below do not sit in appeal from
their own cases, 1t often happens that the six lay
judges will constitute majority Of the higher court.
They seldom exercise their independence 10
tIceable extent yet there have been where they
have outvOted the lawyers and have decided cases
with regard to their rights, Indifferent the prec
edents which legal theory had established.
Perhaps however, the ideal lay Judge OF the Court
OF Appeals is found neither In the lawyer nor I'm the
layman ignorant of judicial procedure. but rather
experience OF the man of affairs. Mr. Phelps is a
lawyer by education and by practice. which was
notably successful until matters OF greater importance
compelled him to relinquish 1t. That he IS man OF
affairs goes without saying, and may fancy that
in bis term Judge he may prove prominent figure
In the work OF the court, he will be In other
respects 1t is understood that he will accept the
place and. every knows, lie will in that case
give 1t full attention. The Office IS Of honor
chiefly. the compensation being small per diem al
lowance. Governor Werts has been personal friend
and admrer of Mr.. Phelps. The political feature of
the appointment is probably that, while determined
not to reappoint Judge Whitaker he found it simpler
to 60 outside his partys camp, and thus make the
issue against the pardoner OF ballObox thieves less
conspicuous The nonsensical talk OF Mr. Phelps hav
ing changed his political views received considera
ton among his friends. 1t absurd the face
Of II.
Governor werts has found generous support in his
new policy and the people are with him in his
broader views OF the public service The feeling of
citizens generally well manifested at the banquet
in honor OF James smith, ir, at the Essex County |
Country Club last Friday evening when the Gov |
alluson TO his official acts provoked the most earnest
applause OF the evening That banquet was. by the
partisan and peculiarly representative in the
character Of It's guests and the citizens who sub
although Senator Mcpherson made rather bad break
BY talking paitsanshlp to say nothing Of wearying
was neatly and elegantly scalped In speech by A.
O. Keasley subsequently. much to the delight Of all |
parties.
The Legislature is supposed TO get down TO work |
this week The session has accomplished little so far
and II there is 10 be an early Adjournment as desired
and expected there must be greater diligence i'll work
than has yet been manifested. The measure OF chief
importance to be considered Is that giving Newark
and Jersey City the right 10 vote for their rulers
the Commissioners OF the Board OF Works. The bill |
Will be introduced tomorrow evening and Will De |
pressed BY the Essex Assemblymen who are com |
mtted to its support. Hudson County is expected |
to oppose 1t In behalf OF certain ring politicians. but
the Sentiment OF the whole State has been aroused
on this subject OF home rule that the Hudson men
are not likely to command influence enough 10 de-
feat the measure.
Another subject which has vet TO be considered is
the suggestion OF the Governor In his inaugural Tor
Law 10 govern the nomination OF cancidates, so as 10
cleanse the primaries. The Governor proposes reg-
lar election OF candidates. and has Indicated the
methods The plan has received much public approval
The embarrassing question received attention ir
Jersey CITY last week. when the Board oil WORKS
was urged 10 take action as to prevent the shiugn
for on The Erie road. The benefits OF the PenisyE
vaniss elevation OF tracks In that city, and the pros
neciiye elevation in Elizabeth. now under way, are
invesallv recognized and IL Is hoped that there may
no carly action the Erie. The agitation III Newark
IA energetic, and the necessity Is great