The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1903-08-28
CONSTITUTIONAL AMENDMENTS
Communicated to the Chronicle by
Prosecutor Charles A. Rathbun.
An Argument in Favor.
Editor Chronicle:

Should the proposed constitutional
amendments be adopted? This
question is receiving earnest con
sideration at the present time. 1t il
not an easy matter to amend the Con
stitution Of the State and wher
amendments are proposed they mus
possess real merit to secure the en-
dorsement of two Legislatures to say
nothing of the approval Of tn.
electors. The amendments which ar,
to be submitted to the vote of tn,
people in September have withstoot
the unusual test of having passed
four Legislatures (due to an over
sight Of the former Secretary O
State in failing to legally publish tn,
required notice., besides the critica
examination of the State Bar Associa
tion. Not only did they pass tht
Legislature four times but they met
with scarcely any opposition while ii
the Legislature. They are not above
criticism, but they seem to be so eff
lOOUlHCa W 1lCCU. UilC CA1SDCllU- C4tI vi
evils that their opponents are lrginf
their defeat lest the people shall be
come so satisfied with the results thai
a no more radical change can be made
for many years to come. And what il
wrong in our present Constitution
that needs righting? There may bt
several things, but no one thing ha,
been the subject of SO much comment
for so many years as the courts o
New Jersey. The bar is practically {
unit in its opposition to the present
Court of Errors and Appeals. The
Court is composed OF the Chancellor
the nine judges of the Supreme Court
and six men who may not be lawyers
according to the whim of the ap
pointing power; and until recent
years they we're not lawyers. This !:
a condition that exists in no Other
State of the Union and probably in M
other part of the world except the
House Of Lords in England; and ever
there it is only theoretically true thai
laymen sit as judges. How absurt
that men not versed in the law shoult
sit in the highest court of the State
to determine the law and the con
stitutionality of statutes. Besides
the number of judges is altogethel
too large to secure the best results
No other court in the United States
has so many The United States
Supreme Court, which has the respec1
of the whole world, has only min,
members, while the Court Of Appeal
OF New York has only five members
Moreover it is rather anomalous tina
the highest court should be made VI
principally of the judges of the lowe
court. Thus we have the strang
condition that the judgments of tn
Supreme Court are often reversed O
affirmed in the Court of Errors ant
Appeals by the Judges of the Su
preme Court. True, those judges
who decide the case in the latte
Court do not sit at the hearing in tht
Appellate Court, but nevertheless tht
anomaly mentioned exists.
Again, cases have been increasing
so rapidly in the Court Of Errors anC
Appeals that the business of thai
Court is badly congested and tn,
people cannot expect to receive prop
er treatment under the present con
ditions. The Court cannot ALLOW
counsel sufficient time to properl,
present the case nor has the Court th'
time to give cases the proper considera
tion. Relief must be had, and tt
secure this, and at the same tim,
remedy the defects mentioned anC
others which have been suggested
from time to time, an amendment
has been proposed to Section two o
Article six of the Constitution. Thi
creates no new Court but re-create
the present Court of Errors and Ap
peals. The new Court will be com
posed Of five judges, none OF whom
shall be members of any other Court
This arrangement will be more logica
and should prove entirely satisfactory
No change is proposed in the Su
preme Court, but the number coult
be reduced by legislation if deeme'
advisable at any time hereafter
The change would give the Justice
of the Supreme Court more time t.
hear cases in that Court and to tr,
cases at the Circuits held in th
different counties. At the presen
time it is no unusual occurrence TO
the Justice to refer cases to tn
County Judge or pass them over to th
next term because of his engage
ments in the Supreme Court ant
Court of Errors and Appeals, Fo
every case referred to the Count
Judge the county is obliged to pa
him extra compensation at the-Fat
Of twenty dollars per day. The thre
Circuit Court Judges, each of WHOM
receives 1880, we're required becaus
of the oyecrowded condition of wor
in the Court 6f Errors and Appeals
and unless the proposed amendmen
is adopted, one or two additions
Circuit Court Judges will be require
at once. IN addition to this tn
amendment coupled with the on
hereinafter noted viii tend to expedit
/ litigation by yesting the Court {
Errors and Appeals with the e1
elusive jurisdiction over writs {
error, instead Of sharing this wit
the Supreme Court as at present.
! This amendment should be adopte
without question: The amendmen
to Article five relates to the Court {
Pardons and is incidental to tn
change in the Court Of Errors and All