The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-09-09
UNCONSTITUTIONAL.
The supre me Court Sets
Aside the Voorhees,
Elective Judiciary:
Law.
SALIENT POINTS OF THE OPINION
The Legislature Has No Power
to Abolish the Common
Pleas.
JUSTICE MAGlE DISSENTS
He Will Make Public Later Where
In He Differs From His
Colleagues.
JUSTICE MAGlE DISSENTS
speeia1 to the Jerseu Citu Ne,rs.


STATE HOUSE. TRENTON, Sept. g.
1ss5-Judge Van syckel. of the Supreme
Court. has just filed the courts opinion
in the case testing the constitutionality of
the voorhees, elective Judiciary act and
he pronounces the law unconstitutional
The syllabus of the opinion is as fol-
lows
l. fhe Legislature may reduce the num-
ber of judges of the Common Pleas to
any number less than five and may pre-
scribe the qualifications of the judges.
3 The Legislature cannot abolish the
Court of Common Pleas. but if it is con-
ceded that it has such power then so
long as the jurisdiction which resides in
that court is exercised for the benefit of
the people. it must be exercised by judges
appointed as heretofore 1t cannot be
bodily transferred to be exercised by
judges not appointed as the Constitution
prescrfbes.
8. The Legislature cannot by adding to
or subtracting from the duties of given
OIlCC VI DS dli1tAuS OiAC OiiASS ~ f1ANOSAASA
acquire the right to appoint the officer in
a manner other than that prescribed by
the Supreme law
J 4 The act of June 10. 1895. known as the
County Court act is unconstitutional.
SYNOPSIS OF THE OPINION.
The relator, Judge of the Essex
Common Pleas. asked for mandamus
commanding the clerk of that county to
ground of its unconstitutionality In
view of the provisions of the fundamental
law of the State, he eontended it is not
within the power of the Legislature to
point the judges of the county courts.
II it is admitted, says the Court, that
the Legislature may extinguish such
courts whenever in it's discretion it deems
abolished. 'yet in my judgment so long
as the court is substantially in existence
the provision of the constitution that
judges of the inferior Circuit of Common
H1edS Slall De nominated ny TIE SONeTHOI
and appointed by him, with the advice
and consent of the Senate, stands as
insurmountable barrier to the election of
those judges by the people or to their
appointment in any way other than that
thus prescribed.
DOES NOT ABOLISH COMMON PLEAS
The infirmity in the new legislation
consists in the fact that it does not abol-
ish the courts therein specified but leaves
the judicial machinery except in name
substantially unaltered, while it provides
mode of electfng the judges inimical to
the paramount law. In fact the act per-
petuates the existing status of our judi
cial system so far as the courts in Ques-
tion are concerned, except as to mere
form and name and the current bust
ness in each court declared to be abol-
ished flows smoothly on without ripple
under the new name of the court as if
+ the act had not been passed
The right to appoint judges of the
Common Pleas was at first lodged by the
present constitution in the Senate and
Assembly in Joint meeting, and no way
was known in which that bower could
be withdrawn except by a constitutional
amendment which in 1875 transferred it
to the Governor, and it is now one of his
prerogatives The constitution fur
nishes slight support to it in his hands
IL it can be wrested from him by such
legislation. Judge Van Syckel dis
cusses the question of the acts consti-
tutionality at great length, and from
every possible point Of view and decides
against it, brushing aside as untenaple
every argument in favor of the law.
Justice Lippincott concurs in the
opinion, but Justice Magic, who also
sat at the argument, dissents in some
particulars and will express his own
views later.
papprp cMTTu 3nTSApPEARS