The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-08-19
TIRED III DELAY.
Lay Judges Threaten to Re-
turn to the Bench at the
September Term.
SUPREME COURT DECISION HUNG UP
Essex and Hudson County Judges
Will Direct the Movement
Justice Depue's Opinion.

Lay Judges Kenny and Hoffman and
county lay judges throughout the State
will, it is said, return to the bench in
September. The Judges, who were legis-
lated out of Office by the last Legislature.
do not seem disposed to remain legislated
out. That is. they appear determined to
know why the Supreme Court has not
passed upon the constitutionality Of the
act that turned them adrift and they
claim that they were assured of a speedy
decision. The contest is being made by
the Judges in Essex and Hudson counties,
particularly. but should the decision be
favorable to them the Judges in the other
counties would, of course. come in as
beneicicaries. Major Herman Schalk
who, with Michael ]. Ledwith,s was de-
prived Of office as Lay Judge of the Es-
sex Common Pleas, is in an aggressive
mood. and is not permitting excuses or
explanations of any kim to interfere with
his prosecution Of the case. In fact the
Major is doing all the fighting for Essex,
while his colleague remains passive. The
ousted Judges of the Hudson Common
Pleas. Messrs. Hoffman and Kenny, are
evincing a deep interest in the matter
doSCll Lhlcl1SSlfeS.
When the September term of court
opens" said a man who is on terms of
close friendship with Major Schalk, this
morning, ct is probable that Judge
Schalk will be found sitting with Judge
Depue when the latter delivers his charge
to the Grand Jury. The Lay Judges con-
sured them that there would be a speedy
decision nf tho a,,ar+fo, 4f %la 1--ksk
tionality of the act depriving them of
office. they would have refused to re-
linquish their positions until the case had
been passed upon by the Supreme Court
and the Court of Errors. The Legisla-
ture ousted the Lay Judges without cere-
mony. Their terms of office were made
to expire in about a week after the enact
ment of the law. The Judges hold that
and they contend that as they were APP
pointed just as Supreme Court Judges are
appointed, BY the Governor. with the con-
all possible consideration. Judge Schalk
was disposed to retain his Office. but on
Judge Depue assuring him that, if he
the constitutionality Of the ousting law
would be speedily decided, presumably at
the June term of the Supreme Court, he
stepped down and out.
THE case Is before the Branch Court.
composed of Justices Depue, Van SyckeI
and Gummere. No action was taken at
the June term. 1t was the intention of
the Lay Judges to Immediately carry the
matter to the Court of Errors and APP
peals in the event Of a decision adverse
to their cause. But June passed and the
ousted Judges had no grounds on which
to proceed. Nothing apparently can b.
done until October or November. and this
delay Is detrimental to the cause of the
Lay Judges. The Court of Errors could
hardly hand down a decision before Feb
ruary or Tune of next year. All circum-
stances considered, and understanding the
feelings of the men, l feel safe in say
ing that Judge Schalk will return to the
bench on September 8 and that Judges
Hoffman and Kenny will do likewise.
Ehey may be requested to leave and in
such an event they will state their posi-
ton as they understand it,
The Lay Judges. among other things.
contend they are not Lay Judges. The
word lay they say, does not appear in
their commissions nor does 1t appear in
the Constitution. They further hold that
there is no difference between them and
the presiding Judges undo the law and
the Constitution.
Allan L. McDermott argued the case
for the Lay Judges before the Branch
Court on June 2. He was told at the
time that as the question involved was one
of great Importance a decision would be
handed down within a few days. Chief
Justice Beasley and Judge Depue are
said to have promised that the decision
would be speedily forthcoming. Judge
Schalk says that Judge Depue informed
him recently that Judge Van Syckel was
away on his vacation and Judge Gum
mere was engaged in a murder case and
for that reason there had been no con-
ference of the Branch Court Judges. AS
Judge Depue is the mead of the Branch
Court it is his province to call his col
leagues together for conferences.
Judge Depue said the matter was under
consideration by the court, which is COM
posed of himself and Judges Van Syckel
and Gummere. The decision. he said.
would probably be rendered in a short
time. possibly before the next term of
court, which begins in November. The
Judges at present are in different parts
of the country on their vacations. If
the decision should be an adverse one,
the case can be heard on appeal at the
November term of the Court of Errors.
he added.