N.J. Constitutional Convention: Vol. 4, Page 304


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

do think it very important. I think that all laymen would like to see the Vice-Chancellors so appointed that politics couldn't possibly enter into it. How to do it, I don't know, but that is something that I think should be given serious consideration.

MR. BROGAN: Of course, we could all move to heaven or something.

(Laughter)

VICE-CHAIRMAN: There has been one proposal called the Missouri plan, or the modified Missouri plan, which would place the power of selecting names in a commission, as distinguished from the Governor. Do you approve or disapprove of that sort of plan?

MR. SUTTON: Again, it would depend entirely on who the members of the commission were and how they were appointed.

VICE-CHAIRMAN: The commission, as originally suggested, would consist of the chief justice of the highest court of the state, three laymen and three lawyers, all to be appointed by the governor. Now, that doesn't remove the politics, but it places the selection in a different type of body. Have you any thought on that?

MR. SUTTON: No, I haven't, and I wouldn't want to pass upon the advisability of that excepting that you study the problem and the way it could be done, with politics entering into it to the least extent possible. It rather appears to me that is the way it should be done.

VICE-CHAIRMAN: I think we all agree with the goal, but the mechanics is the problem.

MR. BROGAN: Did you ever know of a judge to have been appointed except upon some political consideration?

MR. SUTTON: No, I never have.

MR. McGRATH: Do you think a man who is so dumb that he wouldn't know something about politics deserves to be appointed?

VICE-CHAIRMAN: How about the appointment of Cardozo by President Hoover - would you consider that political?

MR. BROGAN: I'm going back to the time when he was recommended by his ward leaders.

VICE-CHAIRMAN: Are there any further questions of Mr. Sutton?

Thank you very much. We appreciate your coming here.

MR. SUTTON: Thank you.

MR. SOMMER: Has Mr. McDowell anything to add?

MR. LESTER G. McDOWELL: Nothing.

MR. BROGAN: Do you agree with the former speaker?

MR. McDOWELL: I do agree with him. Specialization is very important.

VICE-CHAIRMAN: Do we have a representative of the Manufacturers Association? Have you heard from them, Mrs. Miller?


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