The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-06-13
JUDICIAL REFORM.
Plans For New Courts Sub
mitted To the Constitu-
tional Commission.
-
joins KEAN, JR., HAS A SCHEME
Wants the Present Errors and APP
peals, ~Chancery and Peroga-
tive Courts Abolished.
joins KEAN, JR., HAS A SCHEME

TRENTON, June Ii, 1894.-Mr John Kean,
Jr., one of the members of the commission
to reform the Judiciary of the State has sub
mitted to the commission a plan for a COM
plete reorganization of the courts. These
are the amendments to the. Constitution in
volyed in the scheme
a. Strike out Section /. of Article VI,
and substitute the following:
SECTION /.
81 The Judicial power shall be vested in
a Court Of Errors and Appeals in the last
| resort IN all causes; a court for the trial of
lm~peaehments; a Supreme Court; and such
inferior courts as now exist and as may be
hereafter ordained and established by law,
which jnferior courts the Legislature may
| alter orabolish as the public good shall re-
1.-THE Court of Errors and Appeals, as
heretofore, constituted, the Court of Chan-
i Gerry, the REerogative Court and the Circuit
| Coarts in the several counties are hereby
abolished, apd the Legislature If hereby au-
tilorizeao to;proEide by appropriate legisla-
ton for preserving, certifying and exem-
plifyiug the records of said ~courts.n
(2.E Strike out Section II. of Article VI,
and substitute the following: ,,r
SECTION II.
81. The Court Of Errors and Appeals shall
consist of five judges, Of whom three shall
be a quorum
SO Immediately after the court shall first
assemble, the judges thereof shall arrange
themselves in such manner that one of them
shall eX change his seat every year with q
justice of the supreme Court, and no judge
of the Court of Errors and Appeals shall
sit therein for a longer term than five years
consecutively, ana after taking a seat in the
Supreme Court he shall not return to the
Court of Errors and Appeals within five
years thereafter.
80. When a writ of error OF appeal shall
be brught or taken, nc judge who has given
a judicial opinion in the cause in favor of
or against any error complained of shall sit
as a member, OF have a voice on the hearing,
or for the atiirmance Or reversal of the
Judgment, decree, ordern or proceeding
under review, but the reasons for such
oPilion shall be assigned to the court in
writing.
~ The Secretary of State shall be Clerk
of this court"
% Strife out Sections ". and Y. of
Article VI. and substitute the following
SECIoN ".
THE Suprem5 Court ~shallconsist of a
chief. Justice and associate justices. The
number of associate justices may be in
creased or decreased by the Legislature, but
shall never be less than four The present
justices of said cour6 shall continue III office
during the terms for which they have been
appointed respectively, and they, or a ma
jority Of them, shall continue to constitute
the court until their SUCCESSORS or additional
justices shall be appointed. At the Jun
term of said court. in the year eighteen hun
dred and ninety~six, the justices thereof
shall arrange themselves in sucn manner
that one of them shall exchange his seat
every year with a judge of the Court of
Errors and Appeals.
"2. the jurisdiction and all Of the powers
and authority heretofore possessed by the
Court of Chancery and by the Prerogative
Court, II by the Ordinary or Surrogate
General are hereby conferred and imposed
upon the Supreme Court; said court shall be
divided into a law division and an equity
division, either OF which may be held by at
least three justices; causes shall be COM
menced and presented in either division, ac-
cording to the facts, and may be transferred
from one division to the other; each and
every justice of said court sitting in the
county or counties constituting his circuit or
judicial district, shall have power to hear
and determine causes in equity according to
the practice heretofore prevailing in the
CoGrt of Chancery, or as Otherwise provided
by law or rules OF court, subject to review
by the equity division of the Supreme
Court AA
a. Strike out Section VI. of Article vi.
(5.) Change the number of Section wi"
of Article VI. to Section @V."
o. Strike out Paragraphs l and 2 of Sec
ton II. of Article VII, and substitute the
following
a. Judges of the Court of Errors end APP
peais and Justices of the Supreme Court,
shall be nominated by the Governor and APP
pointed by him with the advice and consent
of the Senate.
so Said judges and justices shall hold
office for the term Of seven years, and shall
at stated times receive for their services
compensation, which shall not be dimin-
ished during their terms of office, and they
shall hold no other Office under the govern
ment of this State or of the United States"
a. Strike the words CLERK of the Court
of Chancery" out of paragraph 4 of Section
II. of Article VII.
81 Strike out paragraph 5 of Section II.
of Article VII. and substitute the follow
ing
"5. The law reporter and the equity re-
| porter shall be appointed by the justices of
the Supreme Court, or a majority of
them.''
o. Strike out paragraph 10 of Article v,
and substitute the following 49,
40. The Governor, or person admins
| tering the government, n three njulgesAof
| the Court of Errors and Appeals, may re-
| NIT fines and foIfeitsIres, and grant pardons
| after convictionin All cases except iTlpeach-
ment." 8 .fn9in
n01 These amendments, so far as they
relate to the appnintraefB. of judges and jus
tices, shall ~takeeffect n go into operation
On the Second61uesGayl January, eighteen
hundred and ninety six, and all other provi-
sions hereof sh1dp taEeteifect and go into
operation ontlle GistTday of May, eighteen
hundred and niaetyssixt3 D. :
Q1.) Striket0ut paragraph IL of Article X,
and Observation-Disclosures
"12. The Legislature shall pass all laws
necessary to carry into effect the provisions
of this Constitution and of the amendments
hereof"
JUDGE FORTS SCHEME.
Ex,Judge Fort of Newark has also sub
mitted a plan with the same purpose in view,
which c~ontemplates these changes in the Con-
stitution:-
That Article VI, Section L., Paragraph /
Of the Constitution be amended to read es
follows
l. The judicial power shall be vested in a
Court of Errors and Appeals in the last
resort in all causes. as heretofore; a court for
the trial of impeachments; a Court of Chan
cery, and Circuit Courts; all other courts
now existing in this State are hereby
Ressooaaggeh .94fftat Article VI, Section II. be,
tamended BY Striking out an of Paragraphs
I, Q, !, 4, ) and 6, and substituting therefor
three newt nataggEaphss to gbe Paragraphs 4 g
3 and 3. I'd reHfA S follOwS:r 3ge.a AM