N.J. Constitutional Convention: Vol. 4, Page 388


STATE OF NEW JERSEY CONSTITUTIONAL CONVENTION OF 1947
COMMITTEE ON THE JUDICIARY
Wednesday, July 9, 1947 (Afternoon session)

I wish to express the thanks of the Committee and appreciate your having come down.

MR. STRYKER: I wish to thank the Committee for listening to me. I feel very strongly on this subject and I appreciate the opportunity to express my views.

VICE-CHAIRMAN: Thank you. ... Mr. Collin Minton, of the Mercer County Bar.

MR. H. COLLIN MINTON, JR: Mr. Chairman, members of the Committee:

I feel that following Mr. Stryker, whom we all know, is both an advantage and a disadvantage. You may readily see why it is a disadvantage and I'll tell you why it is a great advantage. He has voiced what I feel is the general sentiment of the Mercer County Bar Association, advocating the retention of the Court of Chancery.

I have been in the practice of law in Trenton for over 25 years, and I was named as chairman of the committee to present to this Committee a resolution passed by the Mercer County Bar Association. The Hon. William A. Moore, who is not here on account of illness, Mr. Fishberg, absent, Mr. Gildea who is present, and Mr. Gold comprise that committee. With your permission, I will read the resolution (reading):

"WHEREAS, the Constitutional Convention now assembled is to consider and submit to the people a new State Constitution;

AND WHEREAS, the Judicial Article of the new Constitution is the concern of every inhabitant and citizen of the State of New Jersey, and particularly the members of the bar, since the system of courts is the cornerstone of our profession;

AND WHEREAS, the question of the abolition of the Court of Chancery as a separate entity in the judicial system, has been advocated by some of our citizens;

AND WHEREAS, the development of equity jurisprudence in New Jersey under a separate Court of Chancery is acknowledged by scholars the world over to have reached a peak unequalled under any other judicial system in this country or in England;

AND WHEREAS, a growing equity jurisprudence is that organ which gives to the body of the law its mark of vitality and conscience, and in so doing gives it flexibility and power to protect the weak against the strong, and the powerful and the inalienable rights of legal form and precedent;

THEREFORE BE IT RESOLVED, that the members of the Mercer County Bar Association, in meeting assembled, record as their considered judgment that in any judicial system proposed by the Constitutional Convention, the Court of Chancery be retained as a separate entity for the administration of equity jurisprudence substantially as is now provided in our present Constitution.

BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Judiciary Committee, State Constitutional Convention."

This resolution was adopted by an overwhelming majority at the annual dinner meeting of the Mercer County Bar, fully attended at the Trenton Country Club on June 24. Under the constitution and by-laws of the Bar Association a special meeting may be called - and, as a matter of fact, it is the duty of the president to call a special


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