Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1909-06-12
TO THE CONSTITUTION
Urges Voters to Cast Their
Ballot in Favor Of Their
Adoption This Fail.
ASSOCIATION TO ACT
Chief Justice Brewer Made
Brief Reply to Toast "The
Supreme Court"

]
nor ]. Franklin Fort. who divided
honors with United States Supreme
Court Justice David J. Brewer, as
guest of honor at the annual banquet
of the New Jersey Bar Association
last night, offered his unqualified
support to the proposed constitu-
tional amendments, which, If passed
| by popular vote next September will
reorganize the entire judicial system
of the state.
| Justice Brewer, who was the prin-
cipal speaker before the final meet
| Ing of the association, pleaded a bad
cold as an excuse for a few words in
reply to the toast The Supreme
| Court" during which he made no
reference to recent big decisions Of
the great national court Of last app
peal
The organization voted to In
struct the people" In the various de-
tails of the proposed amendments
without taking sides.
Governor Fort said:
Constitutional Amendments.
Teher are five separate proposed
amendments to the state constitution
to be submitted to the people for
their approval at special election to
be held on the fourteenth day Of Sep
tember next
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 han
practically always been d dead LETT
| ter; 1t has been the rareat of ex-
ceptions when any foreclnaures has
occurred In the circuit court, and il
doubt If ever, In the common pleae.
| II the court amendments be adopted,
to which | shall refer hereafter, the
circuit and common pleas courts will
! both be abolished. This amendment
| is of little concern, but as the pres
ent provision of 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 per-
sons convicted OF crime, to consist OF
the governor and four citizens, to be
appointed to the court by the govern
or, to hold their office for Ave years.
The present court OF pardons is
composed of eight, namely; The gov
ernor, chancellor and 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 legis-
lated out and there would be no
court of pardons, unless this second
amendment prevailed This is
good amendment, whether the court
amendment be adopted or not.
The four citizens can give practi-
cally their whole time to the work.
The cases asking for pardon exceed
five hundred a year, and they need
most careful examination.
| can see no reason why the Sec
ond amendment should fail on any
ground.
The Third Amendment.
This amendment relates solely to
the courts of the state. There have
. been no charges in the organization
of the courts of our state since the
constitution of 1874. We have had
good courts, and while our state was
small and litigation not very large.
they were admirably adapted for the
administration 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 condi-
tions. This need, for the past Ave
years, has resulted in the removal
of the justices Of the supreme court
from sitting in the counties In the
trial Of causes. This in my view is
greatly to be regretted
The influence of the supreme
court justice upon local judicial con-
ditions was always wholesome and
OF the greatest value. Any system
which would remove or curtail this
usefulness of the supreme court JUS
tice would be a mistake. Our present
court of errors and appeals Is cum
bersome body. 1t Is composed of
sixteen Judges, which is nine more
than that constituting the court Of
appeals of New York. 1t is eleven
more than almost any of the other
states, and thirteen more than some.
1t exceeds by seven the supreme court
of the United States The mere
statement of these facts is enough
to demonstrate the need of a change.
1t is not only unnecessarily large,
but because OF its size. 1t Is excess
sively expensive And beside this
the large number of judges, length
ems the conferences of the court and
thereby makes greater delays in de-
Gliding causes.
Continued on page 40
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