The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1909-08-24
EXPLAINED BY
THE GOVERNOR.
Meaning Of the Proposed Con-
stItutlOnaI Amendment.
COURT OF PARDONS CHANGE.

The Governor and Four Citizens to
Handle Cases-Seven Judges For
Court of Errors and Appeals In Place
of Sixteen-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 at 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
1t has been the rarest Of exceptions
when any foreclosure has occurred IN
the circuit court and seldom, if ever,
in the common pleas. If the court
amendments be adopted-to which l
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
of the constitution is of little concern
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
ernor and four citizens, to be appoint
ed 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 l shall refer
hereafter, be adopted, the six special
judges will be legislated out and there
will be no court of pardons until this
second amendment prevail. This is a
good amendment, whether the court
amendment be adopted or not.
The four citizens can give practically
their whole time to the work The
cases asking for pardon are about 500
a year. and they need most careful ex-
animation.
/ can see no reason why the second
amendment should fail on any ground
The Third Amendment.
This amendment relates solely to the
courts of the state. There have been
no changes in the organization of the
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 administra-
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
nv view. is 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 curtails the usefulness OF
the supreme court justice is mistake.
Our present court of errors and ap-
peals is a cumbersome body. 1t ia
composed of sixteen judges, which is
nine more judges than that CONSTITUTE
ing 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 q
change. 1t is not only unnecessarily
large, but because of its size it Is ex-
cessively 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 other. 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 a denial of justice
to the litigant.
Under our present system person
or corporation against whom a de-
cision or verdict has been given In the
trial court at law can sue out writ
of error and harass the successful
party by two appeals on review. delay
ing a payment of just claim for two
years and causing much annoyance
and expense. The pending amend
ments, If adopted, will cure all this.
The supreme court is preserved as It
Is with all its powers except those
relating to writs of error, and the JUS
tees Of this court viii sit constantly
in the courts of the county, dispensing
justice between litigants. All inferior
county courts, of which we now have
SO many. will be consolidated into a
single court, called the county court, :"
with all civil and criminal jurisdic-
ton, thus simplifying the county court
system and procedure.
The scheme of court reorganization
as proposed by the pending amend
ments represents the best thought of
the leaders of the bar of the state
and of the judges themselves, as well
as of the thoughtful business men of
the state who have reflected upon
them.
Commission Is Praised.
The commissioners who drafted the
proposed reorganization amendments
were former Justice of the Supreme
Court Bennett Van SICKLE, than whom
no judge ever had greater experience
or was recognized as a man who was
more loyal to the interests Of the peo-
pie. With him were former Governors
Griggs and Murphy and Charles L.
Corbin and John r. Hardin, two dis
tinguished lawyers They canvassed
the whole matter with great care to
secure public sentiment both within
and without the legal profession and
tried to formulate a system that would
be simple and meet with popular ap-
prevail.