The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-06-03
LAY JUDGE CASE.
Argument Testing the Con-
stitutionality Of the ABB
olition Act Passed.
MR.. M'DERMoTTs STRONG PLEAS
Contends That the Lawmakers
Made an Insane b-lllegal
Alteration to the Statute.
soecfal to the jersey oity Nsnus.

TRENTON, June 8, 1ss6-In the
branch of the Supreme Court yesterz
day, before Judge Depue, Gumnere
and Van Syckel, argument was heard
in the suit brought to test the con-
stitutionalfty of the act abolishing the
Lay Judges of the Court of Common
Pleas. The argument was on the appli-
cation of John Kenny, one of the sdeposed
Lay Judges of Hudson county for writ
OF mandamus compelling Law Judge
Robert S. Hudspeth to recognize the Lay
Judges, which he refused to do
Allan L. McDermott appeared for tfa
relator Frank Bergen appeared for tha
other side. but owing to the recent death
OF his son he was not prepared to argue
the case but Will submit a brief Ex-
Judge Chauncy H. Beasley, who was
ready yesterday with his brief. will then
submit brief in reply. At the request
OF Judge Depue. who said it was an i'm
ptrtant matter and the sooner settled
the better. the briefs are to be all in in
ten days. and decision will be rendered
in time for review before the next term
of the Court of Errors and Appeals.
Mr.. McDermott claimed that the Leg
islature cannot alter the Court of Commons
Pleas except in regard to such f1nctionsf
it has upon which the constitutions does.
not speak. 1t can abolish the court but
not abolish the office of Lay Judge or
alter the structure of the court in anyi
way. The following alterations, hal.
claimed, it cannot make:
|. The Legislature cannot alter the In-si
ferior Court of Common Pleas SO that
cne Judge shall not be appointed every
year, or SO that more than one can be
appointed in any year, except to fill al
vacancy.
II! They cannot provide that Judge;
appointed to fill a vacancy can be ap-
pointed for more than the nnexpired,
term. 81
III. They cannot alter this cour4 so.
that the commission of a judge shall.
not bear date and take effect on thas
first of April in every successive year
~. They could not alter the court scr
that it could be held by Judges appointed
by other than the Senate and Assembly,
in joint meeting.
V. They cannot now alter it so that
the Judges can be nominated by other
" ". They, caanot alter It 80 that the
Judges shan not hold their offices for five
years; On these points the power Of ths
PUBLIC good may. require, is limited byl
the Constitution itself. by the unit from
weh He baged tas Ss derives bp ts power
the claim that one judge shall be ap-i
pointed every year, and there shall be
five and their terms be five years.
1T is not provided thai there shall be a,
Law Judge In each count. Such pro-
vision might have tempered he insanity
of the grab but the act affoz. m relief
to the boldness of the proposE-..2 rat,
IN three counties at least, the J2e.9
commissioned, for five. years shall
ouSted to make room for new appointees,
whose. commissions are to be for full.
terms
Mr.. McDermott also claimed that thsii
power of nomination Judges Of ait
courts named in the. Constitution hea
SAID, Is,G 80 with the single exception Of
mated by the Governor and appointed byS
him, with the advice and consent of thei
Senate Now if the act of 1886 is to bel
followed, nominations will not be necesA;
sary. even if allowable, for the act dees'
not provide for nomination by the Cow
ernor % TIE Senate may pass q. resolutions
of the Senate. the Governor is requested
Cor directed) to appoint A. B. Judge of
any Court Of Common Pleas. There Isl
choice: the direction of the Governor is.
that when he learns of the advice and
the Judges. The field Of Senatorial action
Is unlimited. 1t may be that the trainers
of this act intended that the Senate should,
appointment of nominees selected by the
Executive; but the act does not say so,
and the lawmakers who arrogated to
ssseloes We M the tb right to detfrmps roull the
of Common Pleas and to appoint their
successors for full terms, need not. by
any necessary courtesy, be held toyhave
had in mind the preservation of the nom-
mating power of the Governor