The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1900-03-31
CONSTITUTIONAL
REVISION.
Committee on Work on
Amendments to the
Fundamental Law.
CHANGES IN JUDICIARY
Court of Errors and Appeals
to Be Reduced to Five
Members.
Especial % ..The Jersey city News."l

TRENTON, March 81, l9U0-Ine commit
tee recently appointed by Attorney Cen
eral Samuel H. Grey, to report to the
State Bar Association suggestions of
amendment to the judiciary article of the
Constitution has already devoted consid-
erable attention to the subject, and now
has under consideration a plan for the
reorganization of the judicial branch of
the system.
The report has not been finally decided
upon but the committee has under ad-
visement plan similar to that approved
by the commission appointed by a joint
resolution of the Legislature in 1894.
The subject is one which in varying
forms has agitated both lawyers and
lawmakers for many years, the general
impression prevailing that in some re-
spects there should be changes in the
constitution of the States Courts.
In the plan under consideration several
radical changes are proposed. The most
important of these is the creation of a
Court of Errors and Appeals, to consist
of Chief Justice and four Associate JUS
tices or any of them. AS at present con-
stituted, the Court of Errors and Appeals
has sixteen members consisting of the
Chancellor, the Chief Justice of the Su-
preme Court, the eight Associate Justices
of the Supreme Court, and six Lay. or
Special Judges. The number of members
of the court makes that body cumber-
some one, besides which the duties i'm
posed by serving on the Court of Errors
and Appeals frequently interfere with the
work of the Justices in connection with
constitution of the States Courts.
The plan provides that. in case any JUS
tice of the Court of Errors and Appeals
shall be disqualified to sit in any cause,
or shall be unable, for the time being,
to discharge the duties of his office,
whereby the whole number of Justices
capable of sitting shall be reduced below
tice of the Supreme Court to discharge
such duties until the disqualification or
inability shall cease.
An Important change is also contem-
plated in regard to the Supreme Court
by the provision that it consist of nine
members, to be arranged by the Justices
into three or more divisions, each division
to have the jurisdiction of the Court
The Court is to determine the time and
place of holding such session unless it is
prescribed by statute, but not more than
one of the divisions is to meet in Tren-
ton This would probably mean that the
two remaining divisions would meet in
Newark and Camden respectively. Not
less than two nor more than four JUS
tices shall hold a division.
Under the proposed system, Circuit
Courts are to be held in every county of
the state by one or more Justices of the
Supreme Court, who shall in all cases
within the county, except in those of
criminal nature, have common law juris-
diction concurrent with the Supreme
Court, and any final judgment of Cir
cult Court may be docketed in the Su-
preme Court and shall operate as a judg-
ment obtained in the Supreme Court from
the time of such docketing.
A change is also proposed in the Court
of Chancery by delegating to the Vice
Chancellor the power of making DEGREES
now vested alone in the Chancellor. Un-
der the present system the Vice Chancel-
lors simply advise orders and DEGREES
subject to the approval of the Chancellor,
which, however, follows as a matter of
course.
Under the present Constitution the
vested only in the Chancellor. but the
work Of the Court being too great for
one man, Vice Chancellors have been ap-
pointed from time to time by statute un-
til at the present time there are five.
Another change proposed is that the
Governor, the Chancellor and the Attor-
ney General shall comprise the Court OF
Pardons. These or any two of them, OF
which the Governor shall be one may re-
nit fines and forfeitures, and grant par
dons after convictions in all cases except
impeachment
Other changes are also proposed, which
will be considered by the committee at a
meeting in the near future.
The committee consists of:-Judge J.
Franklin Fort, of Newark, chairman;
Judge Robert s. Woodruff, Of Trenton;
David o. Watkins, of woodbury.; G. H.
Sinnickson, of Salem; James J. Bergen,
of Somerville Alan Strong, of New
Brunswick; Joseph Cross of Elizabeth;
Abraham G. Garretson, of Jersey City,
,fC Do tor