N.J. Constitutional Convention: Vol. 4, Page 253


STATE OF NEW JERSEY CONSTITUTIONAL CONVENTION OF 1947 COMMITTEE ON THE JUDICIARY
Thursday, July 3, 1947 (Afternoon session)

VICE-CHAIRMAN: - than a layman.

MR. BROGAN: He doesn't mind being promoted.

(Laughter)

MR. GILHOOLY: You know, I've heard these arguments advanced that the system in England is so splendid, and I talked to some Englishmen in 1923 about their practice, when I happened to be in England, and they didn't seem to think that it was too perfect. I talked to the president of the equity side of their court, and I talked to New York lawyers, and they don't seem to think too much of their practice there. We have not had occasion in New Jersey to refer to many equity decisions of England. Because we have had such a wealth of decisions in New Jersey on equity matters during the past 25 years, we have not had occasion to go back to the old English cases. I think that explains the many questions raised as to why we haven't gone back to the old English cases, but I can't tell you very much about the later cases decided in the equity courts in England.

MR. McGRATH: Have all those equity decisions come from the equity courts or from the Court of Errors and Appeals, which, after all, is still equity? That is what equity involves, most of the time.

MR. GILHOOLY: Well, equity is the court of final results.

MR. McGRATH: Is that where some of our equity decisions came from - the Court of Errors and Appeals?

MR. GILHOOLY: In my opinion, no. They came from the court below.

MR. McGRATH: Well, that is subject to argument, but not from a point of law.

VICE-CHAIRMAN: Thank you, Mr. Gilhooly.

We now have representatives of the Bergen County Bar Association. Mr. Milton Lasher.

MR. MILTON T. LASHER: Mr. Chairman, Mrs. Miller, and members of the Committee:

I want to thank you on behalf of the Association for the privilege of coming here. I will try to abbreviate our remarks and not go over the territory that has already been traveled.

VICE-CHAIRMAN: I doubt whether you will be able to do that.

MR. LASHER: I merely promised to try.

(Laughter)

MR. LASHER: The Bergen County Bar Association appointed a committee on constitutional revision, for which Mr. Wurts will speak after me, and of which he was the chairman. After considerable discussion and study, a draft was prepared of a proposed Judicial Article. We had it mimeographed and submitted to the


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