The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-06-12
OPINIONS OF THE BAR
Requested Today By the
Members Of the Judi
ciary Commission.
THE MEETING IN TRENTON
Many Propositions Considered, But
None Definitely Acted
On.
Special 10 the Jerseu oitu Ne,es.

opeCtOt ~ tH6 JbfocU NtCU 4'CNo.
TRENTON, June 12, 1S94-The commission
to revise the system of legal and equitable
Jurisprudence of the State met at noon to-
day. Eleven of the twenty commissioners
answered to the roll call The Committee
on Rules reported and the rules were
adopted. Ex-Governor Geo. c. Ludlow was
elected Vice President Mr.. McDermott
offered a resolution that the court Of final
resort shall consist of counsellors at law who
shall not be members of or hold any other
court The commission then went into the
committee of the whole and on motion Of
Mr.. McDermott took up the resolution first
offered by him and known as proposition No.
Z. Mr.. McDermott in supporting his resolu
ton said he had presented the resolution in
order that they might start the discussion
OF judiciary system. 1t was the universal
opinion of the Bar, he thought, that the
number OF the present Court of Appeal
should be reduced. 1t was also generally
thought that the court should be composed
of counsellors, and there was no provision in
the present Constitution providing that the
judges of the Supreme Court should be
counsellors. He thought he voiced the SEN
timents of the Bar when he offered the reso-
lutions.
.
Governor Ludlow thought the action should
not be taken upon the matter at this time.
He admitted that every lawyer recognized
the necessity of having counsellors tor
judges sHe thought it was too early to
take up the subject.
Ex-Judge Fort said he was in favor of the
resolution. He believed that almost all the
people Of the State were in favor of an in
dependent appellate court, and he believed
that the judges of the present court were of
that opinion also. He, however favored an
amendment providing that the judges
should be counsellors of at least ten years
standing. Mr.. Probst of Englewood said
that the resolution should not be adopted
until the absent commissioners could con-
slider it, and on his motion it was laid on the
table.
VOICE OF THE PEOPLE.
Proposition No. l submitted at last meet
ing by Mr.. McDermott was then taken up.
1t provides that the people shall decide at a
popular election whether the judges sh,tll be
elected by the people or appointed by the
Governor. There was some doubt as to
whether this could be done and on motion
of Mr.. McDermott the resolution was laid
over
Proposition No 2 ON motion of Mr.. Car
row of Camden was also placed on table
Proposition No. 8, providing that all
Judges clerks or other officers provided for
in the Constitution shall be paid salaries in
stead OF fees was amended to except justices
of the peace and coroners aud then taken
up. Mr. Mc)ermott supported the PROPOSE
ton and declared that the fee system
was a bad one. Every officer in the
State, he said, should receive a
hxed salary. The judicial system
could not be reformed without increasing
its cost, he said, and later he proposed to
offer a resolution that the clerks of the
courts should pay over for the support of
the judiciary all the receipts of their offices
above a certain sum. In his Office CLERK III
Chancery) he knew quite considerable
sum could thus be saved without doing the
incumbent any injustice, and he felt sure
that the same could be said of the other
clerks. The proposition was laid over.
JUDGE FORTS CLAIM.
In considering No. g. which among other
thing provides that the State Comptroller
and Treasurer shall be elected by the people,
Mr McDermott wanted Judge Fort, who
introduced the proposition, to state how the
commission has any power to consider any
thing relating to those offices. Judge Fort
claimed that that part of the preamble and
resolution appointing the commission, which
says land restore to the people the appoint
i've power gave them the authority to con-
slider all officers who are appointed by the
Governor. Mr.. McDermott asked when the
people had the power to appoint those
officers and Judge Fort replied when they
adopted the Constitution giving the Cover
nor the power to make such appointments.
1t was finally resolved to lay the proposition
on the table.
WANT SUGGESTIONS
Mr., Emily of Paterson moved that meet
ing of the bar of the State be called to frame
suggestions to be made to the commission.
Governor Ludlow amended SO as to include
all citizens and TO limit the time in which
such suggestions shall be made to June 25.
Mr. McDermott opposed the motion He
thought that the commission was perfectly
able to do the work for which it
had been appointed. If the reso-
luton was adopted the commission
would be deluged with suggestions
from everyone who thinks he. has an idea
how the Judiciary should be reformed Gov
ernor Ludlow and Mr.. Emily spoke in favor
of the motion, and it took roll call to carry
it. Judge Fort submitted bill to be reconl-
mended to the Legislature simplifying the
Free system, and then the commission ad-
iourned to meet next Monday morning.