The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-03-10

VRANGLE over COURTS
The Constitutional Amend
ments Produce a Heated
Debate in the
Senate.
VOORHEES, SCHEME SHOWN UP.
Senator Johnson Riddles the Effort
to Prevent an Independent
Court of Appeals.
VOORHEES, SCHEME SHOWN UP.
.specsa, to the Jerseu Citu Ne,rs.

on special Order this morning. Mr.
Voorhees, judiciary amendment was read
first. Mr.. Daily moved that Mr.. john
sons amendment be substituted. Mr..
johnson objected and wanted the amend
ments take up in their regular order
Mr.. Daily said that Mr.. Johnson s
amendment changed the fundamental law
of the State in providing for a separate
Court of Appeals and he thought that it
should be disposed of first
Mr.. Parry said that If layman was to
be allowed to take part in the discussion.
he thought that Mr.. Voorhees,. amend
ment should be taken up first, as that
was adopted by the last Legislature
Mr.. Voorhees, agreed with Mr.. DAILY and
Mr.. Johnson conceded with Mr.. Parry.
A vote being taken Mr.. Daly's amend
ment prevailed. Mr.. Johnson of Bergen
then moved that the further considera-
ton of the amendment be postponed until
next Tuesday. He thought that matter
of this Importance should be discussed
by full Senate Mr. Voorhees, explained
that the absentees We're detained at home
by sickness. Mr.. Johnson thought they
might be present next Tuesday. Mr..
Johnsons resolution was lost
The discussion of Mr.. Johnson's reso-
luton was then taken up. This provides
for an Independent Court of Appeals and
leaves the remainder of the Judiciary
about as it is now. Mr.. Johnson spoke
for his resolution. He said that this was
the most important legislation that
came before the Senator A bill might be
passed. and. if it was found Injurious or
to work unsatisfactory it could be re-
pealed; but constitutional amendment
would have to stand for years. He argued
that the fact that an amendment passed
the Legislature last year was no reason
why it should pass again this year and
become permanent. The Constitutional
Convention of 1874 did not change the
Supreme and Chancery Courts as they
had come down from 170z But it did
change the Court of Errors and Appeals,
making it as it is now constituted. It is
with this, the highest court, that fault
is found today. No. / (Mr. Voorhees,
amendment he said struck down the Su-
preme Court and erected a new court,
divided into appellate. equity and law
divisions. No. CDR. Johnsons amend
menO did not touch the Supreme and
Z chancery Courts, but left them as they
had stood since colonial days, but It did
erect new Court of Errors and Appeals.
Sixteen men, he said, were too many for
high count and the tendency was to
weaken the responsibility and leave the
main influence of the court to two or
dn three Jldges Jg The Court had Of late M
Court of Chancery.
There was no complaint against the
Court of Chancery, no serious cause of
complaint against the Supreme Court.
Then why disturb those two Courts
which have existed as long as New Jer-
sey has been a State
Mr.. Johnson then went into a history
Of the agitation for a reform in the Ju-
dietary. He began with the Constitu-
tional Commission of 1894 and spoke of
the work those Commissioners, men of
the highest standing at the bar, how,
during the summer, they carefully con-
sidered the entire matter and finally re-
ported a resolution recommending a sep
arate Court OF Errors and Appeals, TO
consist OF five Judges and the other fea-
lures Of amendment No. g. Instead of
needing the recommendation of these en-
inent men the Legislature of 1895 adopted
an amendment providing for a Court of
Errors and Appeals. consisting of the
Chancellor and Justices of the Supreme
Court. leaving out the lay Judges, the
only independent element in the Court,
and leaving the Court worse than 1t was
before. Mr.. johnson then spoke of the
numerous hearings that were given in the
the matter. He said the majority opin-
ion of lawyers was that there should be
a separate Court Of Errors and Appeals.
In order that the matter might be gone
over again thoroughly. a committee OF
nine pror ent lawyers was appointed to
considey subject and eight Of these
nine a report providing for an
independent Court of Appeals and prac-
tically leaving the other courts as they
are today.
Mr.. Johnson severely criticised Mt
voorhees, scheme which was. he said
the plan of one man. Frank Bergen OF
Elizabeth. He spoke of the great harm
which could be done If the Chancellor
signed to the equitable branch of the
Court all equal in authority begin te
put the work on each other and attempt
to shirk their share of the duty. He
did nothing but sit in the Court of Ap.
peals would become rusty and out OF
touch with the people. Mr.. Voorhees,
scheme provided that the Judges sitting
In Circuit may have Chancery powers
That would give two Chancery5 Courts
Mr.. Johnson said. and he spoke at some
length upon the confusion this Woule
give rise to and the flood of injunctions
which would flow from all these Chan
cellors. New Jersey must have the bes1
cour.5 no matter what they cost, MI
johnson said. but he maintained that tht
cost under each amendment would bt
about the same. So the question of ex
pense did not enter into the question a.
all. Mr.. Johnson then proceeded to show
the present Constitution very little ht
said 1t simply provided for a separate
Court of Appeals, to consist of a presiding
Judge and four associates. 1t leaves tht
Chancery Court about at 1t Is now. Bu
It reduces the number of Supreme Cour
Justices from nine to seven He ther
went into the minor details of his amend
sfnent and closed by declaring that hi.
amendment was superior to that of Mr.
Voorhees, and urging the Senators II
support No. 6.
In reply Mr.. Voorhees, called the Sena
tors attention to the fact that from Mr.
Johnson's outlook life was very gloomy
1t was true that our courts had com'
that those courts have given d.ssatisfac
ton in England may be Of some confor
even If No. / Is passed. He said the Sen
ate was about to strike down the Cour
of Chancery. Chancery was high sound
ing, dignified name, but the people of New
Jersey didn't want names, they Wantet
justice Only two States in the Uniol
had retained the Court of Chancery: Th
Senator for Bergen intended to abolisl
the present Court of Errors and Appeal
In obedience to public clamor Was
not fair to infer that striking it dow
It down would be attended with as man.
dangers as the striking down of the Ccur
of Chancery? If they were going on tina
pan. the Senate had better reject botl
the amendments. No. Was not prepares
by Frank Bergen alone. but was ac
quSesced in by Gilbert Collins. It wa
hard work to get LAWYERS to agree t
by training or experience. They got thei
1;ving by following up the disputes Of thei
neighboy. ....-s---...