Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-11-11
JUDGE QUESTIONS
Jury LAW VALIDITY
JurIst Bids Sheriff Draw Jur'
ore Under Fielder ACT and
Suggests Appeal.

ADG GpHAbleH "a tHC 6Ndlc ~ . A%$@AA'-efl
in line with the attitude Of Essex
county IN reference to placing into
effect the chancellor jury reform law
adopted at the general election last
week and will not put the law In &C
ton until the April term Of court, I'M
| less otherwise ordered to do SO by IN
structions from the high court of the
State
The matter was first brought up last
week, Immediately after Il became
evident that the jury reform law had
been adopted, and at that time Essex
! county officials having to do with the
+ law and its workings all agreed that 1t
| did not seem possible under the law to
place 1t In effect for the December
| term of court.
Sheriff John +. Monahen, Prose-
cutor Louis Hood and County Clerk
Joseph McDonough all unofiicially
expressed this view, and the same
view was practically taken by Chief
Justice William s. GuInmere when
sitting In the Supreme Court here
last Saturday. At that time the chief
Justice intimated that the matter
would be the subject OF q conference
of the justices of the Supreme Court
within short time
Justice sway1e Directs sheriff.
In the meantime Sheriff Monahan
Is making arrangements to draw
jurors for the December term of
court under the old law. Now comes
4 Justice Francis j. Swayze, of the
Supreme Court, who informs Sheriff
N. Peter Wedin, Of Hudson county.
that he is to draw grand and petit
under the old law, and thus give the
right to anyone who desires to find
+, out just when the new law goes into
effect to do so by applying for writ
| of certiorari.
The justice points out that the
| chancellor sheriff act becomes effec-
! tive as a law of the State Tuesday,
November 20, and that by its terms
the jury lists must be filled ''at least
thirty days prior to the commence
ment of each term of court" 1T will
| be impossible to do this for the De-
cember term, he points out, and
/ therefore he orders the sheriff to pro-
coed under the Fielder law. as the
chancellor sheriff law, If declared in
valid would leave the December term
without any juTies at all unless by
special writs issued by the court
under its inherent power.
| As 10 Validity of Referendum.
| Referring to the validity of the act,
Jutice Swayze says: 1.-THE difficulty
| with this Is that q serious question
arises as to the validity of referendum
legilation when the referendum is ap-
plicable to the whole State, difficulty
suggested by the Court of Errors and
| Appeals In the opinion of Mr.. Justice
Garrison In Attorney General VS.. Nc
Guinness, 49 Vroom, 379, quoting the
| opinion of Chief Justice Green in Pat
erson We. The Society, decided in 1854"
To set at rest, as soon as possible,
all doubt as to the measure, he orders
| the sheriff to draw juries under the
| Fielder act on November rs. He gives
| notice that he will, however, immedi-
ately grant a certiorari removing his
| order to the Supreme Court, where it
'can be argued promptly before him
as a single justice, and ''he can render
a decision next week and the case can
Immediately be taken to the Court of
| Errors and Appeals and be heard at
| the November term, which opens on
November 1s.
Thus If my order is sustained, we
| get juries under the Fielder act that
Will be beyond question; If my order
| Is set aside, we can still get juries
| by special writs.
ut will be necessary for everybody
to cooperate in order to expedite
the matter. for without such CO.
| operation no decision can be had
until March.
Wants Case Thoroughly Argued.
IT want the case Thoroughly
argued, and not treated as a mere
| made-up case for the purpose of
securing q decision. It would be well
| to allow other counsel who may be
| interested to file briefs or argue
orally. as the Court of Errors and
Appeals may determine. The matter
| is Of such great public Importance,
affecting as 1t does the administra-
ton of justice in eight counties, In
GLIDING the two most populous coun-
ties In the State, that / have no
| doubt the Court of Errors and APP
| peals would do everything possible
to expedite the decision.
II therefore enclose the order
directing the drawing of the jury on
the 26th of November. am sending
COPY of the letter to the prosecutor
with a writ of cert.orari. I suppose
YOU would prefer to take the posi-
ton of defending the Fielder act,
That. however. is matter that can
be arranged between your counsel
and the prosecutor. AS said to you.
the matter is one of public impor-
tance, in which think you ought not
to be involved in personal expense
for the litigation. and I will there
fore. as far as have the power to
do so under the statute. authorize the
payment Of the expenses of the liti- |
cation by the county. and / under
stand that the prosecutor has no OBJ