The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1903-08-28
to the Court of Common Pleas. No
-cl1o ma ic lla1at IN n q Tod h1. flaie

Cudtlge - contemplated DY billS
amendment.
The most radical change contem-
plated is found in the proposed amend
ment Of Section four Of Article six
and Section two of Article seven.
The first mentioned change, vests the
equity jurisdiction in court to con-
sist of a Chancellor and such number
of Vice-ChancellOrS as may be provided
by law instead Of in the Chancellor
alone as heretofore. The second
change vests the appointment of Vice
ChancelloTS in the Governor by and
with the advice and consent of the
Senate. The principal opposition to
the amendments has centered upon
these changes to be made in the Court
of Chancery 1t is c0ntended that If
each of the Vice-C hancellOrS have the
will be constant, conflict between
them; but those who thus argue
overlook the fact that the amend
ment also provides that "the Court
shall make rules governing the hear
ing of causes and the practice of the
Court where the same is not regu-
lated by statute. Therefore there
seems to be no more reason why the
members of this Court cannot guard
against Confusion and conflict than
the Supreme Court Justices. Except
for the rules Of the Supreme Court it
might be possible for one Justice to
yacate an order made by another
Justice but in New Jersey we have
no such conflict. Theoretically. the
Vice-C Chancellor can make no decree
Tor orders. except some of trifing
character. such as postponing cause:
and all they can do is to ssrespect-
| fully adyise'' the Chancellor. who
thereupon signs the decree or order
which is practically made by the
! Vice. Chancellor. This is not only be-
| lifting to the dignity of the Judge
sitting as Vice-Chancellor but also
tends to DELAY matters. because all
such orders or DEGREES must be sent to
Trenton for the Signature of the
Chancellor, who only goes to Trenton
on Tuesdays except during the terms
! of Court. AS the Vice-C hancellors
are something more than advisory
masters, they should be clothed with
| the power which their position and
Office require. Moreover, they should
not be beholden to the Chancellor for
their appointment any more than the
Associate Justices of the Supreme
Court should look to the Chief JUS
| tice for their appointment. They are
Judges and should be appointed by the
Governor. 1t is sometimes said that
If the Governor is to make the appoint
ment there will be danger of getting
interior Judges for Vice-Chancellors ;
but it seems to the writer that this is
another theory, which rests upon no
substantial basis. The Justices OF the
supreme Court nave always been APP
pointed by the Governor and, with very
few exceptions IN the long history OF
the Court, these appointments have
met with the unquallned approval OF
the people as we'll as the bar: Ii the
Governor IS competent TO select law
Judges VINO VIII pe hot only saJlsiac,
tory TO the Senate, whose approval
must De oDGalned, DuU also The
people generally, then why should
this method OF selecting Equity
Judges be criticiSedY Why should
| the Governor be considered competent
to select the head Of the Court and
yet incompetent to select the other
members OF the Court? Under the
present system, if the wrong mar
were selected for Chancellor, then it
would quite naturally follow that al
of the Vice-Chancellors would be
inferior men. On the other hand
while man who is considered by the
people worthy to fill the high office OF
Governor may make a mistake in ar
appointment now and then, all of his
| appointments are not likely to be