The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-01-21
JUDICIARY REFORM.
hudson County Bar Associa-
ton Discusses the Pro-
posed Constitutional
Amendments.
COURT OF ERRORS TOO CUMBERSOME
III. Gilbert Collins Talks Of the New
System of Appellate Courts
lis Log Rolling Donea

SO
Resolved. That this association is sem
9 Die OF the fact that any amendment OF
the State Constitution making important
changes in the Judiciary mus result FROM
2 compromise of divergent views OF mems
bers of the Bar.
That it believes that the Bar is generally
agreed upon the immediate and urgent
need of two principal reforms in the judi
CARY, viz
ta) A Court of Appeals that may sit con-
stantiy without i~nterrupting the business
OF other courts.
fh) Such a modification of the courts of
original jurisdiction as will enable them
to dispatch with promptnese. yet with due
consideration, the rapidly increasing vol
usae of judicial business.
]. That in the opinion of this associa-
ton these ends will be achieved by the
pending judiciary amendments if adopted;
and, therefore, 4
4. Resolved, That this association is in
favor of the adoption of the pending Judi
ciary amendments; and that a committee
of ten members be appointed by the Chair
ito whom the President Of this a~ssocia-
I on shall be added to take such meas
ures as they may deem advisable to urge
upon the Legislature its concurrence in
those amendments. and also to promote
their ratification by the people of State
in case the amendments are submitted to
an election.
4146 d0Vt6 ItSolQtlOQS W6IC dQORlCa tASt
night at q meeting of h Hudson County
Bar Association. held in the Distric. Court
room in the new City Hall. There was
only a handful of lawyers present, but
what they hacked in numbers they made
up in eloquence, for they talked for two
hours and a half about the proposed judi
ciary amendments The members present
were:-President, James s. Erwin; Gilbert
Collins, Flavel MCGEE, Charles H. Harts-
horne. Charles C. Black, Warren Dixon,
James N. Braden, John w. Heck, w. p.
Douglass. Joseph Anderson and Henry c.
McCartin, who acted as Secretary in the.
absence of Mr.. Marshall Van Wrinkle. The
meeting was called In response to a reso-
luton passed by the Executive Commit
tee that the association should at once
GARY amendments.
Mr.. Charles H. Hartshorne opened the
debate by moving the resolutions at the
head of this article. In endorsing them he
discussed at great length the changes sug-
gested and urged the Bar to endorse the
changes proposed.
Mr.. Charles c. Black described the pres
ent judicial system in New Jersey as a
venerable piece of patchwork. Experience,
he said, had taught the Bar hat the fu@
tare of the system needs to be provided
for. If the amendments were adopted the
number of Judges woulu be increased as
litigation grows, as the State and business
grows. He was heartily On favor of them.
Judge w. P. Douglass didn't approve of
MI. Hartshorne's resolutions because they.
1917 - g. g. it, y TT~
that the sentiment of the lawyers was in
favor Of getting rid of,lay judges who had
bsen created, he thought, for the special
purpose of checking the aggression Of the
lawyers. These lay judges. he said. had
crept in during the infancy of the State.
AS for the Court of Errors and Appeals,
the Judge said that body was a little 1arg-
er than a petit jury and not big enough
for a town meeting. laughter.) The
sentiment, he said, was for an independ-
emit court.
There has long been a suspicion" he
continued, that considerable ~logrolling
has been INDUCED in by 1aW judges, each
of whose decisions are liable to be re-
vsrsed by his fellow members. Mind, !
don't say it has been done, but an ppor
tunity presents itself where each judge
the work of the other. Better n
more just decisions could be rendered If
the court was otherwise constituted.
Mr.. Flavel MCGEE was deeply scam
dalized at the Judges criticism, which in
Started IL to defend the Court Of Errors
and Appeals. No man he said, had had
perhaps so much to do with that Court
~ q canoarnad hn 1tl111d find M f4f11fE@ The
statement that ~loarolliug was practiced
In the speakers opinion, grot1pdless.
Nothing short of fairness and integrity
fellow member would prevent THAI fair
exhibited by the Court was absurd.
There was no ground whatever for the
was mot one of absolute integrity.
Mr.. Gilbert Collins was in favor Of the
judiciary amendments as they now
stand. They we're changed, he said,
the changes were mot of Sufficiently vital
Importance to defe at the good that would
result from the new Organization of the
be remed.ed. he said. by a change. is
the Court of Last Resort is entirely
too large and cumbersome. t-"I4earshear.s
With the many duties the Judges
to perform in the Circuits, In the
Supreme Court and in the Court Of Er-
to look after. Under the new or
ganization this will be changed. There
is to be a court of not less than fifteen
Judges, and when appointed the Cover
nor is to Designate i've of these Judges
who will sit In an appellate division, The
time of these Judges will be wholly cc-
in hearing appeals and writs of
errors, and they can hold frequent terms
and arguments need not be hurried as
now.
1.-THE ten other Judges will be assigned
BY the Court TO h Law and Chancery
to tfy or hear causes In the
be transferred from mi division to the
other. 1t has been objected that ten:
Judges will not be enough for the labor
Of these divisions as at least five. will
be needed for Chancery work, and the
other five could not hold b twenty-one
circuits of the State and attend to such
as even under the new arrange,
ment for an appellate division will still
Pc left to beg heard at bar, such a cer-i
Tact the number could easily be dncreas-