N.J. Constitutional Convention: Vol. 4, Page 463

Thursday, July 24, 1947 (Morning session)

certiorari in the Supreme Court, and then appeal to the Court of Appeals?

MR. LOMBARD: No, I have discussed that before at the time that I was working on these matters, and I have discussed it as recently as today. It seems to me that there is no reason why at least one of those steps should not be eliminated; at least one, if not two.

MR. SOMMER: Do you happen to know how many opinions the Chancellor had personally rendered in that year and a half?

MR. LOMBARD: No I don't. I was asked that question by the Monmouth County Bar Association, who tried to get some idea of the volume. I went back to some papers I kept, my own memoranda, and I know that I had in my files in that year and a half, 75 memoranda. Those do not include, by any means, the number of cases that came in, but were those in which a serious memorandum was required of me.

MR. SOMMER: No, but the question I am asking is, in how many cases did the Chancellor himself render an opinion in that year and a half?

MR. LOMBARD: That I don't know.

MR. SOMMER: Do you know of any?

MR. LOMBARD: Well, while I was up there - I speak with reference to that year and a half that I was up there - I recall that at that time the Chancellor then - not the present Chancellor - rendered, if I recall correctly, exactly one opinion, in a case in which he had acted solely as an administrative officer for the court.

MR. SOMMER: So that the Chancellor becomes very largely an administrative officer?

MR. LOMBARD: The Chancellor has, yes, sir.

MR. SOMMER: And the old practice of having opinions rendered by Vice-Chancellors reviewed by the Chancellor no longer prevails, does it? As a practice?

MR. LOMBARD: As a practice, I really don't think it does.

VICE-CHAIRMAN: Any further questions?

MR. KREMER: May I interrupt for just a moment? I don't think you will want this on the record, but I just wanted to say that Mr. Harold McDermott, of Freehold, who is a former president of our Bar Association, and a member of this committee, asked me if I would be so good as to state to the Committee that because of his ill-health, he is unable to be here today, and he wanted me to express his regrets.

VICE-CHAIRMAN: The only other witness this morning is, I understand, Mr. St. Clair, who has asked to appear before the Committee. You will recall that he is the gentleman who wrote a letter to the Committee with respect to a particular proceeding and we indicated that he could appear before us today.

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