The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-06-19

GOV. BEDLE'S FIGHT
He Strongly Opposes the
Abolition of the SUI
I. preme Court.
JUDGE FORTS FEE SYSTEM
Spirited Debates in Yesterdays
Session of the Constitutional
Commission.
Special to the Jerseu Citu Ne,rs.

appointed by the Legislature to prepare
amendments to the Constitution for thu
reformation of the State Judiciary made
considerable progress at its meeting yester-
day. As announced in THE JERSEY CITY
NEWS dispatches, it accomplished two
things, which will meet with almost thu
unanimous appreciation of the lawyers ant
laymen of the State. The commissioners
agreed to recommend an amendment pro-
viding for a separate and distinct court of
final resort to be composed entirely of coua-
| sellors-atlaw and retaining the Court of
Chancery. There was no opposition to these
propositions. For several years past there
has been a feeling throughout the State that
the highest court, the court OF last resort in
all causes, should be entirely independent of
all other courts, and should consist entirely
of lawyers whose standing at the bar quail
fed them for the high position, while, as one
OF the commissioners said in his remarks
upon another proposition, the Court OF
Chancery is the most popular institution in
the State.n
The rock on which the commission split
was the proposition of ex-Judge Fort of
Newark, that the Supreme Court in banc to
consider costs of errors be abolished and
these places be taken by Circuit Courts
ffAbAAt Ai4 vi A7AlAGLI III " "a
to be had in each county by a single judge.
The commission first took up Proposition
No z, which was introduced by Mr.. Nc
Dermott and provided for the independent
Court of Appeals. This, after being adopted
was substituted for the first section of Pro-
position No. 8 by ex Judge Fort, which pro-
ylded for a change in the entire Judicial
system. Mr.. McDermott moved an amend
ment to the first section to the effect that no
decision should be reversed by the Court of
Appeals, except by a majority vote. This
was opposed by Ex-Governor Bedle, who
contended that the question of a quorum of
the court should not be determined by the
commission, but should be left to the court.
He besought the commissioners not to re-
commend that a decision made below should
stand, unless a majority of the court OF hnal
resort voted to set it aside.
GOING 0 FAST.
The discussion on this point led Mr.. Nc
Dermott TO say that the commissioners We're
going too fast. In his Judgment the best
course to pursue would be to adopt at this
time a mere skeleton; to decide whether
they wanted such a system as the one under
consideration, and there build upon it and
add later such details as the composition
of the court, etc. This was agreed upon and
in tie next section of Judge Forts PROPOSE
ton, which provided for a Court of Chan
Gerry TO consist of a Chancellor and Vice
Chancellors, all was stricken out except so
much as provided merely that there should
be a Court of Chancery.
When the third propo sition, that relating
to the Circuit Courts, was taken up, Gov
ernor Bedle said that it looked as though the
plan was drawn up to knock out the supreme
Court. Judge Fort nodded his head em-
phatically and said that that was exactly
what he intended to do.
That was a serious question, Governor
Bedle said, and one which should not be
acted upon until it had been thoroughly dis
cussed and deliberately considered. He
would like to be heard upon it, and wanted
time in which to prepare what he had to say.
Therefore he would move to lay the section
upon the table.
Judge Fort opposed the motion, saying that
it was an important subject, and, as the
time of the commission was limited, he
thought it should be discussed then. That
sentiment was emphasized by the Attorney
General. and finally the Governor with
drew his motion. Judge Fort then spoke at
length upon his proposition. He briefly
Sketched the judicial systems OF most or
the States, and showed that, with the ex-
ception of two OF three others, New Jersey
was the only State with judicial systems
like the present one of this State common
wealth. He declared nat it was d per-
version of justice to let the judge who de-
cided q case below have any voice in confer
ence or otherwise in the determination of
that case on appeal. The concensus of
opinion throughout the State, he said, ap-
peared to agreed with him in that par
ticular.
MIR. FRELINGHUYSEN'S VIEWS.
Mr.. Frelinghuysen of Newark opposed the
proposition, because in his opinion the Court
of Appeals would not be able to do all the
work which would be thrust Upon it under
the proposed system. Moreover he thought
that the Circuit Judge, being confined to his
particular territory, with no opportunity to
confer with his fellow-judges, would deteri-
crate rather THAI develop. He offered an
amendment the these Circuit Judges should
sit in banc to hear writs of error, and the
Chancellor and e-Chancellors should sit
in banc to hear Chancery appeals.
That, Mr.. McDermott said, would in
volve two appeals, and he gently guyed Mr..
Fr~elinghuysen's idea of the judges confer
ring, which he designated as a law school
for the judiciary. m
This was resented by Mr.. Fr~elinghuysen,
who said that Mr.. McDermott could call it a
law school if he chose, but he did not know
that the commissioners had come together.
to handy words in that hammer Ills
scheme. he declared, did not involve two
appeals, as it made the appeal to tho SUI
preme Court final.
Ex-Governor Ludlow asked Mr.. Fort if
his plan intended to give the Circuit Judges
it provided for. the same powers as the pres
ent Supreme Court, except slbtlnS IN 0dRc,
and the Judge said yes"
Mr.. McDermott wanted the proposition
amended so that the judges it provided for
could not sit in banc for conference, and
ex-Judge Carrow of Camden said he opposed
any proposition which gave a trial judge
the right to set aside verdicts.
The greatest objection TO the plan, the
Attorney General said, was tie expense it
involved. The present Court of Appeals
cost the State nothing except the Thousand
dollars or so paid to each OF the lay judges
annually. The people were complaining
now of the great expense OF the Judiciary
and the first thing the commission proposed
to do was to give them q new Court of APP
peals which would cost at least $4,000 an
nually. There couldn't be two courts of
appeals.
Judge Carrow closed the discussion by
stating that the present Court of Errors cost
the State about So, 900 per annum. Ex-Gov-
ernor Bedie then renewed his motion to lay
the consideration of the proposition over
until Friday, which was adopted. g
no REFORM H j. PS.
Before adjournment Mr.. Mitchell intro
duced this proposition
Resolved, That paragraph l Section VII
shall be amended so that it shall read as
follows:-There may be elected under the
Constitution at least one justice of the peace
in each of the townships of this State, and
in each OF the wards of the cities and town
ships that may vote in wards. When a
township or ward contains nine thousand
inhabitants or le IS, it may have one justice;
when it contains more than nine thousand it
may nave two justices.
No Justice of the peace, hereafter elected,
shall be commissioned until he shall have
first been examined upon his knowledge of