The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-07-25
LAY JUDGES ORGANIZE
Will Endeayor to Prevent Adop-
ton Of Constitutional
Amendments.
Special 70 thc Jcrseu Gin Ne1cs.

Spcclut 10 TIC JcfSeU Guy INClCS-
TRENTON, July %, 1S94.-The Lay Judges
are going to organize. They nave not yet
done so, but are just talking about it. Four
teen of them stand ready to go into a per-
manent organization for the purpose OF OPP
posing the amendments to the Constitution
that win do way with the lay element in
the judicial system. They have held two
meetings, and have as a temporary officer
Judge Albert Hoffman of Jersey City.
They are now doing missionary work among
the thirty other Lay Judges who have not
yet intimated that they would come into
organization.
The Lay Judges say now that they do not
intend to do anything with the Constitu-
tional Commission, nor will they attempt
to control the Legislature when the time
comes for that body to accept IL pass on
the amendments as framed by the Constltu-
ton, but their plan of battle is to be at the
polls when the people are asked by popular
vote to adopt the amendments.
ALL IN POLITICS.
Every Lay Judge in New Jersey is a poll
tician. They are on the bench in recognl-
ton of their political ability There are some
exceptions in the Court of Errors and APP
peals. but the exceptions are few, as in the
case of the late Judge William Walter
1 htlHo, v NC pLA SStOASA
Clifford Stanley Sims.
The Lay Judge is the humorous phase of
the New Jersey judicial system, and in diff
ferent parts of the State is referred to by
different names. In the upper part they are
called wooden judges the central part,
dummy judges in South Jersey, "daxseed
judges" and almost universally throughout
the State, ''the fewer-pot Judiciary.
The Lay Judges are going to make the con,
tention that their Office is a constitutional
one, brought over from England, and that
the Constitutional Convention of 1874 gave
serious consideration to the subject of abel
ishing the Lay Judge, but decided that it
was best to let them remain on the bench.
BIT OF HISTORY
There are some interesting historical facts
in connection with the Lay Judge that are
worth repeating. 70 understand the mat
ter of the Court of Errors and Appeals
search must be made in the documents ante
dating the settlement of the State. When
Sir George Carteret made the grants and
concessions to Lord Berkeley he made the
Governor and his Council the highest court
in the province. The fundamental Consti-
tuition OF the East New Jersey Proprietors
provided that the Court of Appeals should
consist of eight persons. with the Governor as
president pro teRlpofe. These eight per-
sons were to be four proprietors and four
Freeholders.
In West Jersey the courts were created by
the Assembly, and it provided for a Su-
preme Court of Appeals. to sit at Burling-
ton, and to consist of q Justice OF the Peace
from each county and one or more from the
Governors Council.
In 1902 Queen Anne's instruction, after
both provinces were surrendered to the
Crown, was that the Governor and Council
should hear and decide on all appeals. The
members of the Council were appointed and
were always layrnen. They not only gov
erned but heard all cases requiring the ad-
ministration of justice. This arrangement
continued even in 1776, after the Declaration
of independence was made and the State
Government was formed; the Provincial
Congress made 40 change. TIL particular
section declares: sThat the Governor and
Council be the Court of Appeals in all causes
as heretofore"
THE PRESENT SYSTEM.
In IS 4 there was a change. The Chancel-
lor took The place Of the Governor, and the
Justices of the Supreme Court were made
Judges of the Court of Errors. Six other
Judges were made the Council. There was
an exciting contest about that time. The
general feeling was to make the entire Coun-
Gil to consist of men trained in the law. The
a~bomination of Lay Judges was then fully
understood and acclaimed against. Some in
the Constitutional Convention, however,
favored the Lay Judge, because of his coun-
teracting influence in tenpering the rigor of
the Judges, while shrewd lawyers argued
for the Lay Judge because they knew that
without legal knowledge he could easily be
persuaded. The Constitution, as recon-
structed in 1874 does not designate that the
Council should be laymen, but the traditions
were such, and it has been hard to break
away from them.
The Common Pleas Court was always a
county court, and was established as early
as 1704. The judges of this are also laymen,
by consent, for" the statutes do not say
whether they shall be lawyers or not. In
the early days, when leading questions came
up, too knotty for the logic of the laymen,
they had the privilege of transmitting the
brief to Trenton to have the opinion of a
Judge trained in the law. The presiding
Judge" Isl modern innovation.