New-York tribune., 1896-02-03

,rto tAe pubic treasury the bulk of tn" extra ur-
dnary incomes received b., the clerks %; the
Chancery and Suprcme Courts. Scores of com
oetent and able Republicans car he found ready
and wiling - administer the affairs OF these
Offices for s5 COO or 5000 year-dnd 10 SO that
the work is done as We'll a. It has ever been.
II is altogether likely that the only act passed
BY the legislature ;his year ~nectine tho judicial
Ustem Will be one abosh.nr the lay element
In the county cour,s
tn Constitutional am endments pass II last tear
will probably b. dropped for the present. and ii
IS perhaps. Jus. as VIII that they should. They
provide for biennial sessions Of the LEGISLATURE.
prohibit racetrack legislation. change ;he Court
Of Appeals and Court Of Pardons. and do several
other things. To pass any or all of them this
year and then have them approved by popular
vote would make them part Of the organic law
Of the State. If any or all aIe submitted u the
people. then other change can be mace ioi
five yeal> and IL is we'll 20 remember This eN-
ceedngy interesting and important point in
considering the question Of Constitutional amend
nents
Just now the people DO not know exactly what
reforms they want made in the judicial system
Of New-Jersey. There has long been an ouicry
against the wooden" or lay Judges # the Court
@. Appeals Those individuals were appointed
generally for partisan purposes. and their votes
were nearly always cast on political grounds.
When it came TO the question Of annuliing or
UNFOLDING a statute. these men had the same
voting power the NEST learned judges. and
they were also ex-oficio members OF the Court
Of Pardons. 1t with the idea Of getting rid
Of them and thus ending numerous scandals that
the task of patching the Constitution was taken
up last year. In no other way could the Repub-
Ncan party do anything then, as the Governor
was a Democrat. and could appoint whomsoever
he pleased. so long the offices existed. But the
Republicans had the Legislature and proposed
10 apply what seemed the best remedy at hand.
The situation is entirely different now. The whole
State government-leg!sative and executive
b.anches-is now in Republican hands and likely
70 remain there for some time. For this reason
there is less cause for hurry. The COnstitu-
ton is not an instrument to be lightly touched.
and when alterations are to be made, the work
should be done with great deliberation and care.
While the people are talking the matter over in
the light OF experience elsewhere, Governor
Griggs may be depended upon to minimize as
much as possible the evils Of the existing system
by appointing none but the best men.
The ordinary layman Is timid about express
.ng an opinion regarding the judiciary. and there
IS disposition to hear first those lawyers whose
reputation and ability commend them sage
advisers on such topic. In this instance there
IS a wide diversity OF opinion among the legal
profession. Some favor independent Appellate
Court, while others argue that the best and
greatest judges known TO history were those wh)
kept in touch with the people by trying cases
IN circuit. The objection to eiimina ting the lay
element and allowing the Supreme Court Judges
70 act as a Court of AOpeai is that they would
thus be the sole reviewers Of their own decisions
Pending a substantial agreement to which Is
the best method, Governor Griggs proposes TO
appoint as clay judges men OF unquestioned
legal ability who could discuss all questions Of
law and write opinions. All things considered.
II might be better to await the result Of that
experiment.
BY taking no action now on any OF the COnsti-
tu,lonal amendments before 1t. the Legislature
reserves power TO take up the problem next year
or the year after. But If 1t repasses any Of those
adopted last year. it bars further action on any
point for five years.
Under the circumstances. waiting policy
seems 10 be the most commer liable.