N.J. Constitutional Convention: Vol. 4, Page 303


STATE OF NEW JERSEY CONSTITUTIONAL CONVENTION OF 1947
COMMITTEE ON THE JUDICIARY
Tuesday, July 8, 1947 (Morning session)

man - just as in the president of a bank - to change a man who doesn't qualify from one place to another.

MR. SUTTON: I don't support any banker could object to removing a man who didn't qualify in the position he was occupying and place him in some other.

VICE-CHAIRMAN: Mr. Smith's question was whether that arrangement would be the same as what you propose.

MR. SUTTON: Yes, I think that if a man doesn't qualify as, we will say, a Vice-Chancellor, we certainly don't want him there.

MR. SOMMER: Well, someone must determine the question of qualifications. That would be the presiding justice.

MR. SMITH: According to Mr. Sutton's view, he wants adjudication of equity cases by specialists in equity, and that would be true in the so-called unified court system.

MR. SUTTON: I don't think that any of us, that is the group, who have discussed this matter would want to see a Justice of the Supreme Court presiding in equity court, nor would we want to see the Vice-Chancellor presiding in the Supreme Court, unless you had some provision in your law that made it appear that someone should be removed from some branch and transferred to some other branch that could be worked out there. Of course, there should be some way of not having him at all if he isn't qualified to serve.

VICE-CHAIRMAN: Might you change your mind if you knew that this particular Justice of the Supreme Court had heard many equity cases, and had reversed the Court of Chancery on the cases he heard?

MR. SUTTON: Well, I think again, if the Chief Justice were specializing in equity cases he would become well qualified to pass on them.

VICE-CHAIRMAN: Well, I think I can give you some statistics on that. Our present Chief Justice has written at least five equity opinions during the last year and each one reversed the Court of Chancery. Do you think he might be qualified to sit in the Court of Chancery?

MR. SUTTON: I don't know that; I had better read the opinions first

VICE-CHAIRMAN: On the question of volume of work, do you, in your bank, retain complete freedom in shifting personnel in accordance with the needs of your business as it changes from time to time?

MR. SUTTON: Oh, yes, naturally.

VICE-CHAIRMAN: Then you approve of that principle.

MR. SUTTON: Yes.

VICE-CHAIRMAN: Any further questions?

MR. SUTTON: Would you like Mr. McDowell to say something? I haven't said anything about appointive power, except we


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