New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-10
NEW JERSEY NEWS.
TO AID JERSEY JUSTICE.
EFFECT OF AMENDMENTS
attorney General NcCarter on The
Need for Changes.

STATE courts has developed into political iss,.
| Next month the voters will be called on to as,,.
or reject the proposed amendments TO the Co.,
tuition which in form or another have -
agitated for many years While the amendr,e,.
were pending before three successive lezislafpro.
they evoked well defined opposition but 49,
is longer the case.
| No sooner had it been decided that the amend
ments should before the people than tb
Democratic leaders about stirring 10 plS 80
sentiment against them In this they have sSs-
several Democratic newspapers. but the bar OF IT,
posed change ATTORNEY General RobSrt ne r pro
Carter regards the adoption OF the amendments -
would be nothing short Of calamity III an iS,ss
view yesterday the subject Mr. NcsaTtsr SO
TO Tribune correspondent:
The main features IN the proposed Amendments. =.
the constitution are the creation OF a seDarafs
Of the present court Of sixteen memo inc place
making OF the viee-chanceIors constitutional on
Governor. instead Of BY the Chancellor Tbe 49, 80
ct leaSt tftH Tear anu a5 1ppiS was constituted
cellor. the Chief Justice. the Supreme Court us
uces and six specially appointed judges who a.
The court was thus constituted when fts b,,,,-..
was small and it is within the recoeco5 81 r
oeTs OF the bar when but two or three cases were
from seventy to seventy-fve cases ana "a re
S9Hrt s5tS three times year. It is evident that be-
tween ao and go cases are annually disposed Ot
i5y ne court The Supreme Court Justices have
examination OF docket shows that several a h IN
thst eour year . are s Pse Sen for decision
Is very large. each justice holding three circuits
when the Court OF ErToTs was S IN elf times
business as that OF the lower courts was so itts
is now pr 5e IS mp 6sgd dispose OF II all This
GROWTH OF CORPORATION BUSINESS.
Up to a few years ago it had been the boast tia.
this Unless Immediate RELIEF be G given no To- o ms clam
VINO are Overrun with work One cause OF this
during the last ffteen years in the formation os
last YEAR deriI,aS ~ , IO WIS" e me state
sides nearly 500 900 paid the privilege Of com
more than nethird Of the courts time IS taken
have no actual Business In The ssG 2a}S which
f 6a IoSp4 S Of these cor
OF Involuntary dissolution. leading to ali Ha1ner
81 fta asaeon-has gTeay INCREASED during the last
not grown to meet this vast increase upon its tine
and attention and the result is that for more than
tne situation have agitated methods for securing
subject in 1894. and again in 1897 COMMITTEES s s
the enc ate sonsdered the matter bur
tiature. The amendments before the people
most prominent lawyers m the state one from
gaen congress district They have received the
and of all the local bar associations which hays
to them BY lawyers. excep} b one e Or o t3
men men, %no think they do not go far enough but
The plan Of the amendments involved an inde-
yers who should devote their entire time to appeal
moTR- me ne Judges OF the Supreme Court viii re-
will find themselves fully occupied They win Re
them over to Circuit or Common Pleas iIdres as
now, ~ is mistake to suppose that any
Isrla increase IN the cost OF the courts viii result
Inc position OF lay judge will be abolished. The
sBI ayo abPp9 Sd Circuit Court judges viii prob
1nat Ior court properly equipped to attend to
increase in epense WIN not exceed from $4,000 4
Of fifteen or twenty years during which the busi
ness of the courts has quintupled.
Court OF Errors and Appeals would be a calamity
Inc judges have striven manfully 70 attend to
most OF them freely admit, intoIerable- 1 need
1t is TO pass Tlpon Intricate 7easi oi,etiSS 49,
10 the further benefit of having that court entirely
Independent OF any other court and free from the
natural bias Of standing by the lower court with
which some OF its members are also connected
The other important change IS in the transfer
the Chancellor to the Governor me Court 81
~ 3h mas 9eeR ana Is most useful department.
Governor was also formerly the Chancellor. Ths
mined to appoint an individual whose sole duty z
should be to MI that high office. and as result
the governor TO MI that office The business o.
possible for to attend 20 It, with the
suit that the legislature now and then authorized
chancellor, and there are now six vice-chancel0rs
all exercising practically coordinate power with
Ine ChsnceIlor IN dispensing the business OF the
court. The constitution not providing for the ap-
really no power or authority. except 70 recommend
certain courses with the result that their deelsI
till the Chancellor has performed the perfunctory
to their orders II SICK or out Of Fu Of the state
though there are six able men daily transas;tins
Chancellor can be accessible Grave embarTas9Ss-
ness of the late Chancellor McGilL
STANDING OF vICE-CHANCELLORs
It Is true that statutory plan Of having the
legality Of this ruse is doubted Now all this INC
ton Is necessary because OF tie fact that wee
can hear the important cases write Ehs most
learned opinions and undertake 10 eonsLTqas ne We
acted and attached his signature TO the paper
thelr work u absolutely futile. and they n-'e -
to commit for contempt of court II ne Cn%s s-
their conduct there might be some excuse for tng
| antiquated Tigmarole; but he not only could Pc.
/ ton their conclusions. II Is thus seen that o.
control or supervision Of the vice-eh9neeil9ls ~
terly ineffective until his IS given - - -
ishness and TO make the vice-chancelors tg1
judges with full power to render decisGns7, Ssr
person fail to agree with the propriety or ~
change. When the legislature meeting I we Sbo
are not constitutionai officers. it empowered ne
Chancellor to select certain qualified men % p.
the positions 1t was experirre 5taI 1hC To- has
there but vice-ckaneellor The eSSIs st ion
/ now grown to seven members. and the qNeSSSs.-r
| arises whether If we are to make the vi'S 81 be
| consistent and have them appointed by tne psf
ernor as are the JUDGES ot al SSio ~ Jsv1- Gov
ernors appoint judges. Their seieeton n e.
/ entirely satisfactory to the bar and the peop-'
The late Chief Justice Depue served thirty-ave
/ years and although a Republican and nIsL So
pointed by RepubISan, W. TIL T5ttjrs Vs1 Svck-
ell on the other hand has served nearIy Sll. "a
1 not hesitate TO reaDpoint him IN 1857. Why Coy
ernor should be NJ TO Hon1a1S re E-SSrS ana not
At to appoint a vice-chancellor. Tan 70 u .Jt