New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-30
NEW-JERSET NOTES.

For many years numerous citizens laymen
We'll as lawyers, have regarded with questioning
- es the action Of the legislature from time to
time I'm shifting the judiciary duties and
responsibilities which belonged eIsew here. Only
the confidence which the people have in the high
character OF their judges. generally. prevented
some protest long ere now. But in principle the
appointment OF park commissions. excise COM
missions, etc. by judges. appointed by the
Governor was little. if anything, different from
the appointment Of similar local commissions by
the Governor direct
We all remember what howl went up-and
righteous howl It was. too-when the spells
crazy Democrats inaugurated the plan of gov
ernins various municipalities from Trenton
That. however vas different in its practical
operation from the appointment of excise COM
missions which the Supreme Court now says it
is unconstitutional to have appointed by judges.
People were willing to shut their eyes to the
infraction of constitutional principles and home
rule rights because of belief that the judges
would select better men than could be obtained
through the regular political channels; and the
results in most cases justified this confidence In
the judges
But the Supreme Court is evidently getting
back to bedrock principles, and there is no tell
ing just where may be at by the time it has
S''ti"u all tiiS uncertain questions WHICH nave
recently come to the fore AN executive au-
thority of this nature (the appointment OF
excise commission cannot" says Justice CARR
son. be vested in judicial officer so long
the State constitution remains what ii is That
declaration is pregnant with possibilities. be-
cause, If carried TO It's logical conclusion it will
prevent the appointment of any commissions by
either the Supreme Court justices or the Com
mon Pleas judges; and 1t is a serious question
ing of inn and tavern licenses by the Common
Pleas judges.
This granting of licenses has been in the hands
of the judges from time immemorial but that
does not necessarily imply that there is con-
stitutional warrant for it, With few exceptions
the judges would undo Ibtedly welcome relief
from this obligation. If a change be made. in
whom shall this licensing authority be vested?
We cannot go back to the county excise COM
missions, appointed from Trenton, but the
boards of Freeh oldcrs might do the work either
directly or through commissions appointed by
them. 1t is not likely that they would object
TO this addition to their present burdens be-
cause the licensing power might become politi-
cal weapon of considerable weight and influ-
ence.
That danger of having the township licenses
made political football of is not one that the
average citizen VIII view with perfect serenity.
There has been for years a constant effort TO
get the whole business of liquor licenses as far
away from politics as possible and that feeling
was responsible for the numerous devices of ap-
pointive commissions. etc. In some cities the
licenses are controlled by the aldermen and in
others by commissions appointed by the Mayor
Elective commissions not popular because
they bring the whole question OF the local traf-
ne into municipal elections and generally OBJ
sCure every other issue