The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-06-30
Constitutional Commission
Wastes Time Over the
Title of the Highest
Court.
CONSERVATIVES FINALLY TRIUMPH
President Gray's Plea for a Non-Par-
tisan Judiciary-Yester-
days Debate.
Special to the jersey citu Ne,rs.

opcttOt " tfS ~ Y 0keH t'NNos
TRENTON, June 80, 1S94.-The disposition
of the major part of the commission ap-
pointed to reform the system of legal and
equitable jurisprudence in this State, to
maintain a strictly conservative course and
change the Constitution as little as possible,
if any, was emphasized again at yesterdays
meeting. As soon as the commission had
gone into the Committee Of the Whole the
plan of revision, which was made up of the
various propositions submitted at the pre-
ious sittings, was taken up.
The first debate was over the clause which
provided that the court of last resort should
be designated as the Supreme Court of New
Jersey and should consist Of a Chief Justice
and four associates. Mr.. McDermott moved
to strike out the words Chief Justice and
make the court to consist of five justices.
He said that his object in making this
amendment was that no constitutional dis
tinction might exist between the five gentle
men composing the Supreme Court, Desir-
able members of the bar, he said, might re-
fuse to accept a seat in that court if there
was one judge VINO was chief. The Chief
Justice might be a younger maj than ms
associate justices, and he thought that it
WOu1u D6 IuSU DIS we'll III u AdtC Tx LIZ
tinction Of a Chief Justice.
SHOULD HAvE A CHIEF JUSTICE.
Mr.. Carrow thought it would be better to
provide for the Chief Justice in the Consti4
tuition as it might be embarrassing for the
court to select its chief. The United States
and most of the other States had a Chief
Justice and he thought New Jersey should
have one too.
The present Supreme Court, Ex-Governor
.Bedle said, had a Chief Justice and there
were a good many statutes which impose
certain duties upon the Chief Justice in his
capacity as such, and he advised leaving
that part of the court as it was for such a
change as was proposed would necessitate
further change and besides it seemed becom-
ing and appropriate that so high a court
should have a Chief Justice.
at seems to me there is no reason for such
a change" said Attorney General Stockton.
"You might call the presiding judge The
Grand Mogul,' but l would rather call him
Chief Justice"
The Attorney General advised the Com
mission to stop wasting valuable time in dis
cussing the a~dvisability ofdoing awaywith the
Chief Justice because someone was sensitive.
The advice of General Stockton was needed
and a vote was Immediately taken which re-
suited in an overwhelming majority in favor
of the Chief Justice.
The next amendment was by Governor
Bedle, who moved to strike out the words
Supreme Court" and substitute the words
1.-THE Court of Errors and Appeals in the
last resort in all causes as heretofore" which
the Constitution now designated the court of
last resort. This brought about the dis
cussion which lasted until two o'clock.
HISTORY OF PRE- COURT.
"Ever since the Constitution of 1874" the
Ex-Governor said, "the highest court has
been known as the Court of Errors and APP
peals. Thus fifty years have elapsed since
that time, and it would not be right to
change the name of the court if no change
was made in the court itself. Structurally
speaking, the character of the Court of
Errors and Appeals should not be changed,
but if the name of the Supreme Court was
given to the Court of Errors and Appeals
that court must be reconstructed, and he
could see no reason for changing either the
name nor construction of the Supreme
Court. The Supreme Court as such has
been in existence in the State of New Jer-
sey for nearly two centuries, having been
established in the time of Queen Anne, and
it had held its present name from that day
to this. The first provision was that the
Supreme Court should sit at different times
at Burlington and Perth Amboy, but grad
ually the court got fixing the times for hold
ing the circuits"
The foundation of the Supreme Court was
SO strongly fixed in New Jersey that she
would as soon think of changing the name
of the State as that of the court.
"Let the evils which now exist be remedied
without breaking up the whole system" said
Mr.. Bedle, 81 can see no reason why the
Supreme Court should not sit in banc, SO to
speak, and let it sit in two or more places,
preserving the court in its integrity and at
the same time bringing justice home to the
suitors. Let the judges be located as judges
of the Supreme Court in their districts, and
much good can be accomplished thereby"
S~ToCKToN'S ARGUMENT.
Attorney General Stockton opposed Mr..
Bodies amendment because he considers it
Inconsistent with the other amendments in
troduced. The Commission proposes tc
make a court of last resort, and call 1t the
Supreme Court, he said, and this will be the
first time in the history of New Jersey that
there has existed a strictly law court, an
absolutely Supreme Court. GU ancestors
desired a court composed of men with a
knowledge of law and sprinkling of equity.
They did not wish the iron rule of law. This
Commission has expressed itself as favoring
a Supreme Court of law, composed of five
judges, whose entire time shall be taken up
in the consideration of cases Of law which
come up to them from inferior courts. 1t is
not tho LIy element of the present system
which is objected to; it is the law element.
for some of the judges may have sat on the
case in the court below, Sand the difficulty
arises in the relation of the law element of
the Supreme Court to the court below.
II see no reason why the mere name of a
court should make it inferior, and find no
better name for this court than the Su-
preme Court. What the Commissioner has
expressed themselves in favor of is a Su-
preme Court composed of a small number of
the most competent lawyers"
Mr.. Stockton said hat by the present sys-
tenn one could not tell how many Of the Su
preme Court judges would sit on a case
when it got to that court. He cited a case
in his experience which was taken to the
Court of Errors and Appeals, and he had to
apply to that court for a Supreme Court to
hear the case. Judge Knapp was appointed
a Supreme Court to sit on the case. So that
a single Supreme judge sat on a case which
involved a matter of life and death. He
did not wish to break down the integrity of
the Supreme Court, but he could not see the
necessity for two appellate courts, no reason
why a case should be obliged to go through
two courts.
Mr.. M'DERMoTT'S REVERENCE
Mr.. McDermott said that he had no re-
spect for a name that was merely a mis-
homer; that his respect for names was con-
fined to the significance implied in them.
He had much respect for the name Supreme
Court, the court which had the power of
issuing prerogative writs, the court which
has the supreme power from the Hudson
River to the Delaware, but if the proposed
court was not to be the Supreme Court it
should be given a name which will not lead
people to think that it was supreme. The
name Superior Court merely indicates the
superiority of that court over the circuit and
| statutory courts. While the question of title
was OF no great Importance, why should not
the three or five judges who go to Essex