The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1903-08-21
Constitutional Amendments tt
be Put Before the People for
Approval or Rejection.
IT IS NOW FOR YOU TO DECIDE
at a Special Election to be held Sep
tember &c. VIII Expedite the Work
of the Courts and Allow the Vice.
Chancellors to Sign DEGREES. How to
Vote Understandingly.

of adopting the constitutional amend
ments at the special election to be held
for that purpose on September 22, it
would seem that every voter should be
possessed of sufficient information, If
he reads, to form an opinion and to
vote intelligently upon each and every
article; yet it is doubtful if the masses
thoroughly understand the amend
ments. Many lawyers have professed
ignorance as to the practicability OF
the amendments, but the State bar
desires a change, and to the bar these
provisions seem the most feasible at
the present time.
To the lay mind it seems that only
lawyers are taken into consideration
with reference to change in the con-
stitution-which rests solely with the
people and clipping in the New Jer-
sew Law Journal confirms this belief.
That paper says:
"If the members of the bar of the
State, as whole, are convinced that
the change is desirable, of course twill
be brought about, and an experiment
will be made of it.
After all, to whom are we to look for
guidance in legal paths but those who
have made the law life study?
Our courts at present are congested,
and this fact comes most forcibly to
litigants awaiting decision. The de-
Law is owing to the amount of work as
signed to the judges. 1t ism 1T question
of their ability to do the work, but the
amount of litigation has so greatly in
creased within the last half-century
that the Court of Appeals is oyerrun.
The present amendments are offered
to remedy this, and opposition to them
has failed to show that they will not.
Perhaps the most commendatory
feature of the amendments is in the
judiciary by establishing a new court
of errors, which shall consist OF chief
Judge and four associate judges or any
four of them. Mr. Edward Q. Keas-
bey, in the New Jersey Law Journal,
writes the following in reference to
that court:
1.-THE proposed amendments to the
judiciary article of the constitution
relates chiefly to the Court of Errors
and Appeals which shall be able to de-
vote itself wholly to the duty OF hear
ing and determining cases in the last
resort. There are many other changes
in our judicial system which many
people think ought to be made, but
there is a great difference of opinion
as to what they should be. Nearly
all are agreed that there is urgent need
of a change in the Court of Errors and
Appeals if the cases now pressing upon
it are to be properly considered and
promptly decided. 1t was for this rea-
son that the proposed amendments
were directed chiefly to this one pur-
pose"
The court is now composed OF the
Chancellor and Justices of the Supreme
Court and six judges appointed for six
years When a writ of error is heard
before the court, it is provided that no
Justice who has given judicial opinion
in the cause, in favor or against, shall
have a voice on the hearing, but his
personality is never lost sight Of by his
associates his influence is felt, and
unless his decision is out OF all legal
proportions, the court is usually ad-
verse to reversing the decision. An
independent court of errors and ap-
peals, with independent and logical
judges, will be blessing.
Vice-Chancellor Pitney in speech
before the Bar Association Of this
county very aptly put it; BY such
amendment five of the best lawyers in
the State will devote their whole time,
at a competent salary, to considering
causes brought before them, and they
will each feel a greater responsibility
and d disposition to be more careful
than if they were members of court
consisting of fifteen judges"
AS to the chancery amendments, it
is provided that the court of chancery
shall consist Of chancellor and such
number of vice-chancellors as shall be
provided by law, each of whom may
exercise the jurisdiction of the court !;
the court shall make rules governing
the hearing of causes and the practice
of the court where the same is not
regulated by statute. This will make
eace vice-chancellor virtually a chan
celiof, with power Co sign all court de-
creeS.
A change is also made in the appoint
nrent OF the yice-chancellorS. They
are now appointed by the Chancellor /;
but under the amendments the Gov
ernor shall nominate and appoint them
with and by the advice and consent Of
the Senate.
The court of pardons is to be
changed, and to consist of the Gov
ernor, the Chancellor and the Attorney
General.
The ballots for the constitutional
amendmendment election have been
distributed among the counties of the
State. The slips of paper recite the
amendments, and at the end these di-
rections for voting are given:
If you are in favor of all the amend
ments, vote the ticket as printed, with
out change; If you desire to vote
against any particular amendment,
write the word against on the mar
gin of the ballot opposite such amend
ment; If you do not desire to vote for
or against any particular amendment,
draw line or lines through such
amendment; use either black ink or
lead pencil that writes black.
The margin upon which the word
against " is to be written is from
three-elghths to half an inch in width.