New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-02-12
TO REFORM THE JUDICIARY.
FIRST HEARING on THE PROPOSED CON
STITUTIONAL AMENDMENT
FAVOR THE ESTABLISHMENT OF AN INDIE
PENDENT COURT OF APPEAIS-PETI-
TONS AGAINST THE AMENDMENT
ANOTHER HEARING TO BE
AIRY COMMITTEE.
GIVEN BY THE JUDI


Trenton. Feb. II (SpeciaD.--A dozen lawyers
came here to-day to air their views on the
proposed amendments to the Constitution. es-
pecially that one relating to the Court Of Err
rors and Appeals. The pending amendment
does not provide for an independent Appellate
Court and the legal gentlemen who spoke this
afternoon before the Senate Judiciary Commit
tee were emphatic in declaring for such an in
dependent court.
Thomas y. McCarter said that he had found
general sentiment among lawyers IN favor OF
separate Court OF Appeals Ex-Congressman
Buchanan champoned that idea. too Further
more. he favored an amalgamation of the Chan
Gerry Court with the Supreme Court.
Joseph Cout took up the whole subject OF
constitutional anne ndmcnt. lie said that. while
they were all agreed as 70 the advisa blity OF
anti-racetrack amendment yet it was not
prope~ that this one matter should be pressed
to the exclusion Of everything else. There was
no likelihood Of legislation in this generation
to logaz. the racetracks and it was hardly
a sensible thing To hurry through protection
against an evil thai did not threaten. and in
this way block a really necessary revision Of
the Court Of Appeals and prevent legislation
creating fair Assembly districts
william H. Vredenburg urge! the pressing
need II an independent Court Of Appeals.
Samue. H. Grey reclted the objections Of
lawye,s to the system which permits Supreme
Court Justices to review the decisions of their
fellow justices He believed an Independent
Court II Appeals to be necessary.
AS T. The urgency OF the proposed amend
ment against the racetracks." said Mr. Grey.
81 desire t. say that. while 1t may be useful
as expressing settled purpose on the part of
tho poop, there IS no danger 81 the .egisia-
ton which II prohibits. Never again Will this
state icgalize racetracks. The popular upris-
Ing settled that more concusively than any
constitutional amendment could DO. The neces'
sity for an alteration in our judicial system
is on the contrary. very pressing and an
amendment meeting that need should & hand
IA hand with that against gambling
Thomas y McCartcr spok" Of the esprit de
CORDS among the supreme Court Justices. and l.
Illustrated il by saying that they always helped
each other 10 reappOintIn"nt NJ. McCartcr
wanted ~ understood that he did not say this
IN disbursement.
"a remark attributed to Vice-Chancellor Pit
ney." continued Nj. McCarter. describes our
Court Of Appeals yery tersey. IN ahs~r. 10 a
question hc said that the Court OF Appeals con
sisted Of sixteen judges ten of whom are the
court below. and the other six are not law
y.rs'" Mr. McCarter concluded his remarks
win the statement that he had been active at
the bar ~ Nv jersey for half a century, ana
he was anxious 70 gee its jurisprudence raised
TO the highest standard
III you would 90 50 far. asked senate Noor,
hoes would YOU not 60 a step further. ana
combine the equity and law jursliction|
Il shouldn't object to that MI McCarter
replied.
ny abolshng the Court of Chancery YOU
might meet the objections against the expense
Of the proposed new court suggested senator
Voorhees,. -
J Frank Fort presented petitions from l'"-
y,rs all over the stat In favor OF an lnI"-
pendent Court of Appeals. MI Fort then wen.
into a compreheusivc statement showing that
4, ,yould rebound 10 the credit OF the state.
would provide "A simple. speedy ana satisfactory
method Of hearing cases. ana would NOT ma
tcrially increase expenses 10 catdp1lSH al III
dependent Court 81 Appeals.
on the suggestion ~ Howard CarroW the
hearing was adjourned for week