The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1909-08-11
EXPLAINED BY
THE GOVERNOR.
Meaning Of the Proposed Con-
StitutiOnaI Amendment.
COURT OF PAROONS CHANGE.

The Governor and Four Citizens to
Handle Cases-Seven Judges For
Court Of Errors and Appeals In Place
of Sixtoen--Less Expense to the
State and More Benefit Under the
New Court Plan.
In an address delivered before the
New Jersey Bar association in Allan
tic City Governor John Franklin Fort
discussed the pending amendments to
the state constitution. He said.
There are five separate proposed
amendments to the state constitution
to be submitted TO the people for their
approval Mt special election TO be
held on the 18th day of September
next
The First Amendment.
The first amendment simply abol.
ishes that provision of the state con
stitution which now permits fore.
closure of mortgages in the circuit
court and common pleas. This has
practically always been dead letter.
II has been the rarest of exceptions
when any foreclosure has occurred IN
the circuit court and seldom. IL ever,
in the common pleas. If the court
amendments be adopted to which
shall refer hereafter-the circuit and
common pleas court will both be abol.
ished. This amendment Is of little
concern, but as the present provision
nf In &c of
also this amendment can furnish no
just ground for opposition and should
be adopted
The Second Amendment
This makes the court of pardons, for
the parole and pardon Of persons CON
victed of crime, to consist OF the GOV
crnor and four citizens. TO be appoint
cd to the court by the governor, To
hold their office for five years
The present court of pardons Is com
posed of eight namely, the governor
chancellor and the six special judges
OF the court of appeals. If the court
amendment. TO which | shall refer
hereafter, be adopted the six special
Judges Will be legislatod ont and there
will be no court of pardons until tbi.
second amendment prevail This is o
good amendment, whether the court
amendment be adopted or not
The four citizens can give practically
their whole time to the work Tho
eases asking for pardon are about 80,
a yesr and fhoy nced most careful ey
animation.
can see no reason why the second
amendment should fail on any ground
Tho Third Amendment.
This amendment relates solely TO th,
/ courts of the state. There have beer
no changes In the organization of tho
courts of our state since the constitu
| ton Of 1884 We have had good
courts, and while our state was small
and litigation not very large they were
admirably adapted for the adminstra.
ton OF civil and criminal Justice but
conditions have now changed, and the
present necessity for the practically
continuous sitting of our highest court
Is apparent TO all who are familiar
with existing conditions. This need
for the past five years has resulted In
the removal of the justices of the su
preme court from sitting In the coun
ties In The trial OF causes. This, IN
my view, IL greatly to be regretted
The influence Of the supreme court
justice upon local judicial conditions
was always wholesome and of the
greatest value, Any system which re-
moves or eurtalls the usefulness OF
the supreme court justice Is n mistake
our present court OF errors and ap-
pcals Is n cumbersome body. II is
composed of sixteen Judges, which is
nine more Judges than that constitut-
Ing the court Of appeals Of New York.
II ~ eleven more than almost any Of
the other states and thirteen more
than some. II exceeds by seven the
supreme court of the United States.
The mere statement of these facts Is
enough to demonstrate the need OF IA
change. II * not only unnecessarily
large, but because Of its size II IL ex-
cessivcly expensive. And, besides this,
the large number Of judges lengthens
the conferences Of the court and there
by makes greater delays In deciding
cases
The pending amendments make the
appellate division OF the supreme court
which becomes the court Of last re
sort consist of seven Judges. the same
as the state of New York, and charges
these judges with the appellate work
and no ether. Under this system we
shall have more frequent terms Of the
appeals court and more expeditions
determination OF causes. Delays IN
the final determination Of cases often
amount To almost denial OF justice
to the ltgant.
Under our present system a person
or corporation against whom Il de.
cision or verdict has been given In the
trial court at law can sue out writ
Of error ana barass the successful
party by two appeals on review. delay
ing a payment Of just claim for two
years and causing much annoyance
aud expense. The pending amend
msnts, if adopted viii cure all this.
The supreme court is preserved as 1t
Is with all its powers except those
relating 10 wits Of error, and the JUS
tees Of this court Will sit constantly
IN the courts of the county. dispensing
Justice betN cen litisan.s. AL inferior
NEDsS a.