New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-10
MAJORITY REPORT

MAJORITY REPORT
Trenton March Especially Thomas n. McCaEter.
chairman OF the Committee OF Lawyers selected
by the Senate advise to constitutional amend
ments presented the committees report to the Sen
ate Tonight through Senator VOORHEES,. win the
report was a draft OF suggested amendments An
Of these except that providing for an absolutely
independent Court of Appeals. had the unanimous
approval OF the committee.
The amendments provide for an Appellate Court
consisting OF a President Judge ara iour Quiet
Judges who must be counsellors-at-law OF AT leaS'
ten years standing. In case the huinoer 10 ie
duced below four by disqualification or Inability. the
Governor shall designate Supreme Court JUSTICES
n SIT Final judgments In the Common Pleas anu
circuit Courts and upon all Indictments shall De
brought BY writ OF error directly into the court Vi
Errors and Appeals. The Legislature sha" ha'e
power TO provide for the review by the Appe'ia'e
Court u Decisions OF the Circuit or supreme Noui'
granting or refusing new trial
Judges Of the Appellate Court. the Supreme
Court the Chancellor and Vice-Chancellor shaii De
nominated by the Governor. subject 10 the approval
OF the Senate and shall hold Office for seven years
except the Vice-Chancellors. whose terms are not
STIMULATED The present Chancellor and supreme
Court Justices shall remain In office until the ex-
n!ration OF the time FOR which they were APP
pointed
The Governor Chancellor Chief Justice and Attor-
ney-General shall act a Court OF Pardons
lice and six Associate justices The number may
be increased or decreased by statute. but must never
be less than four No appointments SHAH De mace
10 m the first vacancies unless the Legislature
shall otherwise direct
Circuit, Courts shall he held in every county OF
the State by Supreme Court Justices. Such courts
may be held In separate parts. sitting In the same
county at the same time. and shall In all cases
within the county. except In those o, criiniiA
nature have common law jurisdiction concurrent
with the Supreme Court. and any hnal Judgment Oh
a Circuit Court may be docketed In the Supreme
Court and shall operate n Judgment obtained III
the Supreme Court from the time OF such docket
ing Circuit Judges in Office at the adoption hereo
may continue therein until the expiration or the I
respective terms. unless the Legislature snail o'"e'
new and important paragraph 10 stop an old
ann.e 81 the appo.hns po"fS e.n Eliminated TO the
Senate by the Governor for any office OF trust or
,,af urir tho t;oyernmcnt OF this State and shall
NOT have been confirmed before the recess OF the
legislature. shall 6e eligible Tor app2lhImens - '"0
of,cr during the continuance OF such recess
The clauses relating To the creation OF Assembly
And the Legislature shall once IN ten years I'M
meilate, after each United States decennial census
and oftcnor divide tho counties OF this STAT
the General Assembly. Each Assembly district so
constituted shall contain As nearly as pracucaoie.
an equal number OF inhabitants. ana shaI consist
OF convenient and contiguous territory. In com,
pact form. provided that each county shall at an
times. be entitled TO one member ana Ine ""o'e
number = members shall never exceed sixty
the Court OF Errors and Appeals Is hereby IN
vested with exclusive original jurisdiction and with
fuI power mnder such procedure as II may by rules
prescribe to review any apportonment made by the
Legislature for the purpose Of Determining whether
such apportionment. or any part thereof IS IN ac-
coriance or In conflict with this section and II IN
conflict herewith to adjudge the same, such part
thereof may be in conflict herewith. null and
void In case said Court shall determine such APP
portionment. or any part thereof TO be null and
void The Legislature shall proceed to make a new
apportionment entire or partial. as the action OF
The committee suggests the following plan. In
case any revision OF the Chancery Court is made:
There shall be two or more ylce.chanceliors
Chancellor separately exercise the Jurisdiction OF
the Court. Until otherwise provided by law: there
shall make the rules governing the practice OF the
Court where the same is not regu ated by statute. "
Frank Bergen submitted a minority report and set
OF amendments Mr. Bergen's report made an in
ieresting pamphlet Of seven pages covering the
The plan embodied in Senate concurrent resolu-
ton No L prepared by Messrs. Collins and Corbin.
provide prov; an admirable judicial system; Tia, plan
provides for merger Of law and equity ~ far as
s sdmns,el thu endr. body OF the law Of the
State. The court Ii TO be divided into three divis-
peias dvison the Appellate DIVISION to Consist Of
1--WE judges assigned by the Governor As the plan
ss ssms sfn ee to hHs the the
for Which they were SaPPon,ed to the supreme
d Sqs White they remained members Of the Court
This plan. in my opinion. would be much i'm
proved If the judges assigned t 70 hod the appellate
think that sh 'uld be assigned for five years.
another for four years another for three years an
year thereafter another judge should be assigned 10
take the place OF the one whose term OF service In
that division expires
Il have prepared new draft of the proposed
amendments contained In Senate Concurrent Reso-
Judges TO the appellate division as indicated above.
4 change has also been made In the provision for
the Court OF Pardors. and In few minor particu-
/ lars