The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-02-12
INDEPENDENT COURT.
Senate Judiciary Committee
Hears Argument on the
Errors and Appeals
Amendment.
Snecfalto the jersey Cqtu Ncacs.

TRENTON, Feb. Il. 1S9S.-The judi
-ciary Committee, Of which Senator Voor-
hees is Chairman, gave a hearing at
noon yesterday on Senate Johnson's
constitutional amendment, which relates
to the Court of Errors and Appeals. A
number of lawyers were present to give
their views on what they thought
should be the formation of the court.
They were Thomas N. McCarter, Joseph
Coult, Joseph L. Mum and J. Frank
Fort of Newark, Samuel Grey and Judge
Howard Carrow of Camden, and ex-Con-
gresham James Buchanan of Trenton.
Mr.. McCarter spoke first. He said that
it was not his intention to be placed in
the hight of ar opponent to the anti
race track gambling amendment; but
that the Court of Errors and Appeals
was the most important court in the
State. and it was highly important that
its formation should be settled in such
a manner as to make it entirely indie
pendent of other courts. Mr.. Cou1t also
referred to the race track question and
said that he believed the people were a
unit upon it, and in time something
would ave to be put on the statute
books absolutely forbidding race track
gambling. TT does not seem neces-
sary or wise, however," he said, .that
it should be made an instrument for
preventing a desirable reform in the
highest court of the State.'s He referred
to the fact that the constitution cannot
be amended except once in Ave years.
and that if the anti-race track amend
ment was pushed regardless of the Court
of Errors and Appeals amendment, the
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the court should be 50 formed that none
sition of being obliged to review their
own acts. Mr- Coult also said that be-
fore the batch of amendments should go
through, serious consideration should be
given to an amendment providing for the
election of the members of the House of
Assembly by districts instead OF coun-
Assemblymen, he claimed, is unpopular,
and does not give local representation
James B. V~redenburgh spoke in favor
OF making the Court of Errors and APP
peals an Independent body. He said that
4 good suggestion was that the court
should consist Of three Independent
JUDGES: IT three t.a5 Judges flsasas Of the Supreme
Chancery.. He requested that the COM
mittee delay action on Mr.. Johnson's
amendment in order that an effort might
the lawyers of the State. Mr.. Vreden-
burgh was followed by Samuel Grey of
Camden, VINO also Favored making the
Court of Errors and Appeals IN independ-
ent court.
In a second speech on the subject Mr..
McCarter said that when the present
constitution was adopted there were two
ideas which favored the lay element in
the Court of Errors and Appeals. Pre-
vious to that time the Court. Of Appeals
consisted. of the Governor and Council
(now called the Senate. The Constftu-
tional Commission felt that the people
were hardly ready for a measure that
would abolish entirely an element which
had figured SO largely in such a court.
The other idea was that the members
thought the court should have in it a
certain number of men of high charac-
ter or sense, and general intelligence.
who could take a certain equitable view
on all questions and who could take a
business view of things, but that was
fifty years ago.
J.. Frank Fort presented to the commit
tee petitions for an independent court,
signed almost unanimously by the men,
erdon, Union, Mercer, Monmouth, Middle
sex, Sussex. Morris, Camden and other
counties. Mr.. Fort also made a strong
plea for an Independent court.
The committee decided to give another
hearing next Tuesday at twelve o'clock
noon