The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-06-15
HARR|GAN AND
SENATOR OSBORNE
DECRY AMENDMENT
Are Principal Speakers at Flag
Day Meeting of Harrigan
Association.
SAY 1T WOULD PREVENT
REPEAL OF BAD LAWS
Appropriate Addresses Also
Made by E. W. Townsend
and H. w. Anderson.

Sheriff William Harrigan, in a speech
at a mass meeting of the organization of
which he is the standard bearer, decried
the amendment to the constitution to
be voted upon in September to lengthen
the terms of State officials. He said
that IN the event of the amendment be-
ing adopted it would prevent bad laws
being repealed as quickly as they could
at present. He urged the men in the
gathering to vote down the amendment
state Senator Harry V. Osborne spoke
along the same lines, and in his opin-
ion he said that he believed shorter
terms for county and State officials
would be more beneficial to the people.
Edward W. Townsend and Harold n.
Anderson, of Montclair, also made short
speeches, commemorative of Flag Day.
The clubhouse of the Harrigan Asso-
citation was handsomely decorated in
honor of the day, and it was "open
house, all day to the members and
visitors.
Senate osborne's speech was as fol-
lows:
On the 14th day Of September next certain
proposed amendments to the constitution OF
the State will be submitted to the people
LOT Lle1r approval OF QlSdpp1ONdl-
Opinions naturally differ as to the merit
of these amendments. 1t has been said
that they are not framed in the interest of
tine people. but I know of no basis for that
charge, nor do I believe that 1t is true.
However, as the proposed amendments must
be submitted to the people they must de-
termine that question for themselves. To
do this intelligently It necessarily follows
that these amendments must be thoroughly
understood, and l have been asked to OK
plain them here tonight. The matter is one
of such vital importance that every citizen
should give It his most careful consider
alton.
The first constitution of this State was
adopted in 1776. In 1874 a constitutional
convention agreed upon a new constitution
which was ratified by the people. This was
amended in 1875, and again in 1897. the
amendments now proposed were prepared
by a committee of very able gentlemen, but
they were in no sense representative of the
peopae.
Our constitution expresses the sovereign
power Of the people. The strength OF our
government IL measured by the wisdom
OF our constitution and the respect of the
people for it. Any changes in our organic
law should be made by the people through
their chosen representatives in convention
assembled for that purpose. mat is the
proper method. 1t is perhaps well enough
to make minor changes by this method,
but the changes now proposed are so ex.
tensfve and SO important that we should
have a constitutional convention for this
pilrpose. Then the whole subject could be
zone into carefully and thoroughly.
The claim Is made. however, that IT VIII
be impossible to secure a constitutlonal
convention owing to the opposition OF the
smaller counties, which fear some change
IA the Senatorial representation. Amend,
rnents to the constitution can be submitted
to the people by the Legislature but once
you want to make these changes now ana
Ia the way proposed, or to reject them al
IN the hope that in the near future we may
have a constitutional convention.
One Necessary Change.
n ID generally conceded that at least in
particulars a change is advisable and,
in fact, almost a necessity. There seems 10
be no doubt but that the election OF Assem-
bIymeu by assembly districts IN eaen
county, instead of by the present plan, Wai
and every lawyer and every citizen VINO mas
had business with the courts knows mat
something should be done to simph1y our
Judicial system and put an end to the vexa-
Iious delays to which the people are SUP,
4ect In our upper courts. 1t has been SAID
that sjustice delayed is often justice de-
Med 1t is undoubtedly true tnat muen
covSd be relieved by the appointment OF
more judges, but a more effectual metno9
world be by a complete reorganization OF
the judicial system
Il merely strikes out that provision or the
Constitution which gives the Legislature
the right to confer upon the circuit courts
and courts of common pleas equity power
Ia the foreclosure of mortgages.
The second amendment places the par
Aoniue power in the Governor and four
rifizens APPOINTED by the Governor, by
and with the advice and consent of the
sens<a instead of the Governor, the chan
ceuor and the six judges of the Court OF
Errors and Appeals, as at present IS fba irdi-
caary. 1t abolishes the present system OF
ccrrts. which is Anticipated, top-heavy and
conducive to delay. The court OF last re-
sort, called the Court of Errors and APP
Deals, now consists of the chancellor, the
1r.fices of the Supreme Court and SIX
other judges, commonly known as lay
upTgfeIdy body. 1t considers only cases
on appeal The so-called lay" judges
were originally not lawyers, but laymen,
appointed for the purpose OF preventing
cal application of the law. But there mas
xrowr up a custom of appointing lawyers
TO these positions. which nulliies the pur-
pose of this provision; and inasmuch as
matters of fact should properly be left to
the consideration of the trial courts and
little reason for there ever having been
only errors of law considered by the ap-
RELATE court, there seems to have been
little reason for there ever having been
made members of this court. II they ever
had any usefulness they nave long outlived
posed to try cases at the circuit in the
Various counties, as well as to hear appeals
and write opinion in the supreme court.
Peoples Money Wasted.
The business of the courts has grown
70 such an extent that they no longer try
Jury cases in the various counties, leaving
that work to the circuit court judges, but
devote all of their time to the Supreme and
Court of Errors work. The chancellor,
too. must leave his duties in the Court OF
Chancery and the Prerogative Court to
preside over the Court of Errors. Three
times a year these judges must leave the
business of their courts to sit as members
of this court, 1t certainly cannot take
the accumulative wisdom of sixteen judges
to decide a point of law. The result Is q
useless waste of the peoples time and
money. !,
as appellate jurisdiction, but as / have
already Indicated, all of the trial work oil
the Supreme Court justices is done by the
Circuit Court judges. The business Of tht
courts has grown to such proportions thai
thes5 judges have been appointed to re
Heve the Supreme Court judges.
sEhe chancellor, justices of the Supreme
Court and lay judges of the Court of Er
rors are appointed by the Governor, by
and with the advice and consent of th'
Senate.
The Court Of Chancery now consists O.
the chancellor; 1t has equitable jurisdic
ton. the business of this court has grown
to such an extent that from time to tim
1T has been necessary to appoint vice
chanceIlors to the number of seven. VIII,
hear cases and advise the chancellor wha
decree should be made therein. Thes'
x-fce-chancellors are appointed by The
chancellor, and such has been the char
aefer of these appointments that withou
fear OF contradiction | say that the chan
Gerry bench of New Jersey is today equa
II not superior to any court In this coun
try. One of the objections to the pro
posed amendments is that in the futur'