The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-09-11
THIRD AMENDMENT.

NhoHudy. R
THIRD AMENDMENT.
T HE third amendment aboishes Jul present arrangement of
L courts, and provides for the establishing of a new judicial
system. All the arguments thus far advanced have dealt with this
amendment to the exclusion of the others. A committee of the Bar
Association is conducting a Y vigorous newspaper and pamphlet cam.
paign in support of it. The pamphlet may be dismissed with the
statement that tit pays a rather low tribute to the voters intelligence.
In the newspaper campaign a local journal finds support for the
judiciary amendments in the report of the American Bar Association
recently made at Detroit. The journal in question quotes the Amer
lean Bar Association as reporting in favor of one general court, di-
vided into three branches, the judges of which are to be assigned by
some high official of the court, who should be a judge. This, the jour
nal states is strong approval of our plan. The amendment which we
are asked to accept provides that THE JUDGES IN THE AP-
PEALs DIVISION ARE TO BE ASSIGNED BY THE GOVERN
OR. Either the journal in question was ignorant of the provisions
of the amendment which it was favoring Ia fact that would detract
from its reputation, but might paniate the ofense, or it was deliber-
ately seeking to mis1ead the people; not a pleasing thing either to
think or write about.
Judiciary system, but it possesses many dangers, and should be de-
feated for the following reasons:
a. Because it provides that the jurisdiction of the Supreme
Court shall be exercised in accordance with rules of practise and
procedure prescribed by statute, or, in the absence of statute, BY
THE SUPREME COURT. 49,
(2) Because the Governor is given the unrestricted power of
saying what justices shall sit in the highest court in the State.
60 Because the scheme will add greatly to the expenses of the
State.
In conjunction with the amendment a law was passed by the
last Legislature which contains the following mysterious provision;
"The Supreme Court shall by its rules : regulate the
pleadings and practise of the court, AND TO THAT END, NAY
OHANbE IHE SIAIOIOh1 IN OIdE LEGAL hE1OLA-
TIoNs OF PROCEDURE EXISTING WHEN THIS ACT TAKES
EFFECT Chap. 234, laws 1909, par. 6.
This law will go into effect at the same time the constitutional
amendment becomes effective. If the judiciary amendment be
wise, upon the power of the Supreme Court to adopt such. rules of
practise and procedure rs it may see fit. IT WILL, POSSESS LEGIs-
LATIVE POWER TO THIS EXTENT, N IT WILL BE BEYOND
THE REACH OF THE PEOPLE OR THE LEGISLATURE TO
CURB SUCH POWER. In roof of this, the Bar Association offers
the following amazing explanation, which is chiefly remarkable for
its calm efrontery: "Now responsibility for defects in procedure
is divided between the courts and the Legislature. Most of the
defects can be femeded only by the latter. Then latter the adop
ton of the amendment responsibility for such defects will be upon
the Supreme Court, WHICH is BEST ADAPTED TO WORK OUT
AN ADEQUATE SYSTEM OF PROCEDURE, FOR THE
STATUTE GIVES IT FULL POWER TO REGULATE PRO
CEDURE BY RULES, AND TO THAT END IT MAY CHANGE
THE PRESENT STATUTORY REGULATIONS"
They alone are to regulate the various steps of the army of
litigants. They are to say how causes shall be prepared, tried and
decided. They are to be the sole judges of what acts shall constitute
contempt of court, and to that extent WELD a power that menaces the
rights and liberties of every citizen. 1t is this power which is caus-
ing alarm in labor circles, and we'll it may, for upon them, in in
junction causes, it may fall heaviest.
The known and unknown dangers of this provision are too many.
For this reason alone the amendment should be defeated.
"The Governor shall assign justices to the appeals division"
Why should he be given this power? The assignment of justices to
the law and chancery divisions shall be made by the Supreme Court.
Why adopt a different method with reference to the appeals division?
The present Executive may be eminently qualified to make such as
Segment, but the same may not be true of the men who are to follow
him in office. Such assignment is not required to be made "by and
with the advice and consent of the Senate" Except that they must
be justices of the Supreme Court there are no limitations upon the
choice of the Governor in this regard. The personnel of the highest
court shall be as he directs. 1t may be commended that the justices
have previously received the sanction of the Senate. True, they
have, but when confirmed THE SENATE WILL HAVE NO
KNOWLEDGE, AND NO RIGHT TO INQUIRE, IN WHAT
BRANCH THE JUSTICES ARE TO SIT. After confirmation, the
Governor is unrestricted in his selection, and his political and other
views may interpose to influence his choice. How may this be done?
Under the proposed amendment the appeals division is given ex-
elusive original jurisdiction in the matter of reviewing the acts of
the Legislature in dsicting the counties for the election of As
semblymen. A Republican Legislature may pass what to it
seems a reasonable dstricting act. Judges of different political
faith rayiousl apnOjnted TO the aDDealS division. with the hest of
intentions. may view the act as contrary to law and declare it null
and void. Again, it may be asked, how otherwise could it have been