N.J. Constitutional Convention: Vol. 4, Page 114


STATE OF NEW JERSEY CONSTITUTIONAL CONVENTION OF 1947
COMMITTEE ON THE JUDICIARY
Tuesday, July 1, 1947 (Morning session)

legislature might come along tomorrow and repeal everything they knew."

(Laughter)

Now, there's a moral to the story. A great deal of this detail isn't really necessary. If you get the truly fundamental things, the basis for a good judicial organization, you will have to leave the rest to legislation, or as much of it as you can to rules of court. There is no reason why most of these things can't be done by rules of court much better than by legislation, and if you don't invite legislation you probably won't get it. On the other hand, the court, you can be pretty sure, will work out these rules, if for no other reason than because it's got to. Business has got to be transacted, and courts have an instinct for transacting things in an orderly fashion. You know, the whole jurisdiction of the ecclesiastical courts was based upon one of St. Paul's injunctions in one of his epistles - to let all things be done decently and in order. And judicial temperament calls for the doing of things decently and in order. And so with the rules of court. Give them the power, and the rest will follow. The experience in England has abundantly justified that.

Now, gentlemen, my grandfather, a Quaker preacher, used to say that nobody could be sure the spirit was moving him after 50 minutes.

(Laughter)

He said, after 50 minutes it was more likely to be one's wilful pride -

(Laughter)

- and I don't feel that I am justified in inflicting wilful pride upon you, because for the most part I have said what I had in mind.

If you gentlemen have any questions you want to ask me, and you think I can answer them, I shall be very glad to do what I can.

MR. EDWARD A. McGRATH: Now, do I correctly summarize your thought when I say that you think that we should try to eliminate conflicts of jurisdiction?

DEAN POUND: Absolutely.

MR. McGRATH: This can largely be done by the court of appeal which has to live with the thing from the -

DEAN POUND: No, it isn't, because the conflicts in jurisdiction -

MR. McGRATH: No, I mean, after we have set up our plan for the courts.

DEAN POUND: Conflicts of jurisdiction oughtn't to be. They ought not to arise. If they do, it ought to be straightened out right at the start. There ought not be any questions of jurisdiction, or if there are, it ought to be taken care of as soon as possible.


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