Evening star., 1947-08-17

Constitution, Changed
4 Times in 103 Years
BY the Asseeiotsd Press
NEW. BRUNSWICK. N. j., Aug.
16.-The State of New Jersey, which
adopted it's Constitution 103 years
ago and amended it only four times,
is writing new one this year.
There are many who agree it's about
time.
In summer long convention, 81
delegates hope to bring their basic
law up to date and to eliminate
provisions for overlapping admins
trative Offices and a judicial sys-
tenn which has confounded many
lawyers and laymen alike.
Among other targets of the cur
rent session are constitutional pro-
visions which allow some depart
ment heads appointed by the Gov
ernor to hold Office longer than the
Governor. Also slated for radical
change is the judicial system, which
includes the worlds biggest appel
late court.
Some Constitutions Older.
Old as it is, New Jerseys Constitu-
tion is not the oldest and reflects a
time when law writer's still worried
about the dictatorial powers of for
eign kings, the nobility, quartering
of soldiers, treason and war against
their own State. The results were
some laws which seem like curious
museum pieces today.
Old State constitution belongs to
Massachusetts,, 1880; New Hamp-
shire, 1894; Vermont, 1898; Con-
necticut, 1918; Maine. 1920: Rhode
Island, 1843; Wisconsin, 1S48, and
Ohio, 1851.
Most State constitutions are about
10 years old. but many have been
amended. Georgia adopted new
one in August, 1945, and Missouri,
in February, 1945. Rhode Island
amended its constitution in 1914
Critics of New Jerseys charter,
written in 1874, claim it was made
quate even for the largely agrarian
economy 1t was intended to serve a
century ago. Republican Gov. AL
fred e. Driscoll says today 1t is
"strangling the State"
Revision Rejected in 1914.
Revision of the 1874 charter was
rejected in 1874 by a vote of 10000
to $4,000 after the Legislatures in
1941 and 1943 had been directed to
rewrite the Constitution. Former
Mayor Frank Hague of Jersey City,
Democratic leader of the State, op-
posed constitutional revision in 1914
and fought bitterly with the then
Governor, Charles Edison, who had
been elected as a Democrat with
Hague's support.
The current convention was au-
thorized by second referendum,
the vote being 275,209 to 53,280.
Hudson County, Hague's stronghold,
voted Is to l for it after a turn
about statement by Hague urging
full approval.
The delegates now meeting are
restricted in one important phase
they cannot change the present leg
islative representative of one Sena-
tor for each county and assembly,
men on a proportionate population
basis with maximum of go. This
limitation was included out of def
erence to the smaller of the States
81 counties.
Changing Constitution Costly.
Changing State constitution is
an expensive business. New Jersey
began to streamline hers more than
Is years ago at a cost of $1,000, 600
and eliminated or revised many
duplicating and conflicting statutes
in 1897
The current convention has been
allotted $350000. In 1874, the entire
annual cost of operating the State
Government was $98,062.
After the revision draft is COM
pleted, around September u, a refer
endYn will be held at the November
4 general election. Among the chief
obiectives of the revisionists are:
l. Modernization and streamlining
of the courts. Legal authority
CEarles H. Hartshorne wrote in 1905:
If you want to see the old common
law In all its picturesque formality,
with its f1ctions and fads, its delays
and uncertainties, the place to look
for them is not in London, not in
modern Gothic of the law courts in
the strand, but in New Jersey"
Courts Face Changes.
The States highest tribunal is the
16-member Court of Errors and Ap-
peals. Its makeup along with that
of the Court of Chancery is ex-
pected to be changed. The latter
consists of a chancellor and 10 vice
chancellors Its primary function
is to give such relief not given by
law courts.
Chancery also has jurisdiction over
matrimonial disputes, divorces, de-
crees of nullity Of marriage, alimony
and maintenance of children. These
matters are referred to advisory
masters, who report their findings
and advise the chancellor what de-
crees should be made an issue.
z. Extension of terms of Governor
and Legislature. The Governor now
serves three years and may not sue
ceeed himself. Proposals are being
considered to extend this to a four
year term and allow a Governor
to succeed himself.
Terms of Assemblymen may be
extended from one to two years and