The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-02-02
NO CHANCERY TIE-UP
Werts Has Power to Appoint
a Successor to the
Chancellor.
DESPITE THE SENATORIAL MIDDLE
Terrible Catastrophe Should the
Court of Chancery Be Stopped
Even For a Few Months.

Some patty-pan politicians and political
quidnuncs are worrying themselves about the
Court of Chancery.
Because the legislators at Trenton have
seen fit to involve themselves in nice little
muddle these small politicians say that since
Chancellor McGill's term expires on the 1st
of May next he cannot nor can any other
person be appointed to fill the vacancy be-
cause the State Constitution says that he
ssshall be nominated by the Governor and
appointed by him with the advice and consent
of the Senate" As it is a difficult matter to say
which is the Senate, that organized by Bob
Adrain or that run by Rogers of Camden, it
is at once inferred that after May l there
will be no Chancellor or any Court OF Chan
Gerry.
It is scarcely credible but it is true that
not few of thete political fry chuckle at
what they think would be a fine thing If the
doors of the Court of Chancery were
closed.
WHAT THE CONSTITUTION SAYS.
'tYou can't appoint Chancellor in face OF
Article 5, paragraph H. of our State Consti-
tuition, y remarked one of the biggest ducks
in the political puddle 0 few days ago, to a
NEWS representative, and at once pulled out
of his pocket the legislative manual and read
the following paragraph:
When vacancy happens during the recess
of the Legislature in any Office which is to be
filled by the Governor and Senate, or by the
Legislature in joint meeting, the Governor shall
I'LL such vacancy, and the commission shall ex-
pire at the end of the next session Of the Legis-
lature.
s'There," he added triumphantly," doyou
see that little word the before recess /!
That settles it, sir This is not recess and
the chancellor cannot be reappointed.n
This is the opinion entertained by a great
many who insist that "the recess" refers to
the period between the end OF one session and
the beginning of another
On the other hand constitutional law
yers of wide experience and sound
Judgment construe the words in a much
broader manner 1t will be read with what
lawyers call IAN equitable spirit, and the
Governor will reappoint Chancellor McGill,
who will continue to administer the affairs
of the Court of Chancery until Senate is
legally organized. then it will pass upon the
Governors nominee.
If some politicians had their way the
wheels of the Court of Chancery would be
blocked, so little do they know what such an
action would result in.
WHAT WOULD HAPPEN IF CLOSED
One of the highest and ablest jurists in
this State, commenting on this, said that it
would be a terrible catastrophe should the
Court of Chancery be stopped for even q
lew months.
True. disiointed married couples wouldn't
be able to loosen the uiiicula naatfimonii
but this would be an exceedingly trivial
matter
The hardship would be severer than that.
1t would mean that hundreds of millions of
money controlled by receiver would be tied
up An army of workmen employed in fac
tories and works under receiverships wouldn't
be able to collect cent of their wages. and
confusion worse cenfounded would inevitably
arise in innumerable business concerns.
WORK DONE IN CHANCERY.
The amount of work done by the Court of
Chancery of this State, in certain sense,
surpasses that done by any other court in the
United States
Nearly all the big nonied corporations,
trusts and other corporations come to take
advantages of New Jerseys liberal laws, and
put themselves under the protecting wing OF
the Court Of Equity. A days work in the
court means the disposition of millions of
money 1t is quite common experience for
Chancellor McGill to appoint four or five re-
ceiyers in one morning in Jersey City Chan
Gerry Chambers, and at the same time his four
Vice Chancellors are doing precisely the
same thing. At present more than two hum
dred receivers are administering the affairs
of corporations which employ thousands of
men No wonder, then, if the doors of the
Chancery Court were closed that it has been
termed Catastrophe" Such an act
would entail direful results, the magni-
tude of which is simply inconceivable.
Governor Werts is not going to take any
chances and invoke such train of business
horrors, but will reappoint the present dis
tinguished head of the Equity division of our
iudicature and patiently wait until Demo
cratic right and Republican impudence shall
no longer rule the State Capitol.