N.J. Constitutional Convention: Vol. 4, Page 14

Tuesday, June 24, 1947 (Morning session)


MR. McGRATH: Does that report include the cost of the new system as outlined in your statement?

MR. HENDRICKSON: There are some figures on the cost.

MR. McGRATH: But there is such a report?

MR. HENDRICKSON: Yes, and if I am not mistaken it went into a great deal of detail in respect to the cost - not only as to the cost, but as to the number of cases listed, the number of cases tried, and all the statistical facts wanted or that you might have wanted at that time. I think it may be assumed that the situation is somewhat parallel. Of course, we all know that the load of cases fell off tremendously during the war, to a point where there were only about, as I remember it, one-fourth the number of cases before the war.

MR. McGRATH: Do you think that the number of cases will come back?

MR. HENDRICKSON: Oh, yes, they are coming back.

VICE-CHAIRMAN: However, there is no indication that they will ever come back to the early days of 1931 and 1932.

MR. HENDRICKSON: No, but they are coming back, and I think Mr. Chairman, they will continue to climb until it gets to that level. In other words, it will reach the peak of 1931 and 1932.

MR. HENRY W. PETERSON: In your reference to the federal structure, you were referring entirely to the Supreme Court, not the District Court?

MR. HENDRICKSON: I was referring to the entire federal system. I don't think you can improve much on the federal system in any way at all.

VICE-CHAIRMAN: Of course, our federal system goes further than the so-called English system, in that there is no division.

MR. HENDRICKSON: That is true.

MR. McGRATH: But there is no division in the United States District Court.

VICE-CHAIRMAN: There is no division between the functions, such as admiralty law, etc.

MR. HENDRICKSON: Don't mistake me. Our recommendation in 1942 was the result of hours of labor and hours of conflict and many compromises, each convincing the other in a fair and impartial manner. I don't feel you can improve much on the system which was laid down by the 1942 Commission.

MR. PETERSON: Senator, I have another question. In the unification as proposed in the 1942 Commission Report, all of the sitting judges, whether equity or law, are provided for in these courts that are set up.

MR. HENDRICKSON: Yes, they are provided for.

MR. AMOS F. DIXON: As the terms expire, will the whole

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