The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-01-31
LAWYERS DISAGREE
They Split Over the Com
stitatlon Of the Court
of Errors and APP
peals.
WANT A SEPARATE TRIBUNAL
Protests to Be Made Against Senator
Voorhees, Amendment Ali
Against Lay Judges.
WANT A SEPARATE TRIBUNAL

The members of the Hudson County
Bar are now engaged in discussing the
proposed change in the construction of
the Court of Errors and Appeals. For
some years the composition of this court
has been subjected to much criticism, esd
| pecially the lay element. The constitu-
tion says nothing about lay judges, but
sets forth that s'the Court of Errors and
Appeals shall consist of the Chancellor,
the Justices of the Supreme Court and
six Judges
That clause was construed, however,
to mean that there should be in the
court representatives of equity and law
| and the people. 1t was not until Gover~
nor Werts' time that this tradition was
broken into. 1t was claimed that the
equity side was not justly represented in
owed by the other two elements. so Gov.
Werts appointed Vice-Chancellor Green
cancy among the lay judges. -
The Legislature of 1884 provided for a
commission co IN to revise the judicial system
raj sessions during the summer and
Submitted several amendments Mr.,
| Voorhees, submitted one last year which
Appeals shall consist of the Chancellor
ana the justices of the Supreme Court
1 Ol WnOm IOur snail be quorum.
Two remonStranceS have been prepared
Tor submission TO the Legislature and
are ar. being eng signed BY the members Of the
Sire to o oppose Bose be' the anendment to the u
dietary article of the constitution now
before the Legislature and adopted at
no constitution of the Court of Errors
and Appeals will be satisfactory to the
people and accomplish prompt transac-
| tion of the cases Except it be a distinct
| court composed of judges who. are not
members Of the court which tried the
cases which come before it for review.
The other sets forth that the under-
| signed, members of the Bar of Hudson
| county, being convinced that the pro-
posed amendment to. the Judiciary article
| OF the Constitution, introduced by Sena-
| tor voorhees,, and which was adopted by
the last Legislature, and is now. before
| will not be for the best interests of the
State or remove the objections to the
present Constitution of that Court, do
respectfully demonstrate against its
/ adoption.
| The question of an Independent Court
Of Errors and Appeals is the one upon
leading members of the Bar advocate
such a court, while Others just as eminent
IN the profession. desire court COM ON
without the lay element The Johnson
| amendment meets with much favor. This
Bas Week Ky ana enaor roTe af b
court shall consist of the. Chancellor and
two Vice Chanceilors and the Chief and
It is understood that this meets the ap-
proval of Chancellor McGill, with pos
sibly, one. alteration, the addition of
1 another Vice Chancellor, so that both
! courts will be equally represented
! 1t is argued that the decided tendency
| of having different ranks is to open the
lower courts, but if the same Judges hold
| court below and rotate into the higher
courts, they must necessarily be men
| of the highest ability and character.
These same men contend that the best
men possible should be obtained for all
| courts, even down to the District Courts
cause depends upon the manner in which
a case is tried by the judge below, and It
often happens when case comes be-
fore the higher courts the Judges see
judge or poor counsel, the case has not
been thoroughly developed, certain facts
sing justice had not been brought out.
| The Upper Court sees these points, but
/ can only consider the matter upon the
points laid before it in the printed briefs.
Thus the necessity of having the best
men possible in court of first impression
is apparent. but that it will be accom-
peals is not so certain. For example,
| every Judge will want to get into the
Court Of Appeals. even though the salary
! should be below that which ne is receiv-
1 ing, because it would be the highest court
1 in the State. and a Judgeship in the other
courts would necessarily be an inferior
/ of court which is composed of Judges
who sit in circuit that they come in con-
| ticaI workings of the administration of
| Justice. and will not when they sit in the
Court. of Appeals be mere. theorists and
| what appears to them to be justice
Washington B., Williams speaks with fa-
yor Of the amendment n proposed by Senator
| johnson of Bergen county 81 certainly
regard the change of sufficient import
ance,'' said he. TO delay final action on
d h a5tss appsa 0F gsa 4 G2grt a e6rs f g5g @
preme bench and the Chancellor is OBJ
jecti,ognabls The Johnson amendment
errors composed of the Chancellor the
| Chief Justice three associate justices of
lors: in fact. I suggested a court of such
composition / have heard only one law
yer-and / have discussed this subject with
now now proposed.'' = - Sse-s =
Ex-Judge John A. Blair said:-"There
is 50 much opposition to the court as
most any other composition would be
preferred by lawyers. Now is the time
SO name and Whe me NAV n
favor it, it will doubtless be acceptable
to many lawyers. For my part, I be-
lieve or there Is only one kind Of Court
and that is an independent one While
changes are being made in the Judiciary,
| it strikes me that they should be Of a
i character approved by lawyers The
question Of expense should not enter into
such a situation
/ Assemblyman John Wah1 Queen, who is
a lawyer associated with Collins & Cor
! bin does not favor the johnson amend
| ment. Il have heard" he said, s.some
/ talk Of favoring an Independent Court of
objections will be made. Why argue cases
before men who do not sit in trials, who
! do not see witnesses or see the conduct
of case? The submission of briefs
would merely make it a theoretical court.
] The Johnson amendment, if passed, will
! delay action upon the entire plan of
! constitutional reform. The main object
of the change seems to have been TO get
4 rid of the lay element. That is accom-
4 pHshed by the amendment as it stands,
and think 1t is an error to delay ac-
tion.'
4