N.J. Constitutional Convention: Vol. 4, Page 466


STATE OF NEW JERSEY CONSTITUTIONAL CONVENTION OF 1947
COMMITTEE ON THE JUDICIARY
Thursday, July 24, 1947 (Morning session)

equity division - I'm not a lawyer but I do know the procedure from my own experience, and the experience of other unfortunates -

VICE-CHAIRMAN: I would say that what you are discussing could not possibly be part of the Constitution. You don't, in the Constitution, fix procedure. That is to follow the constitutional framework, which is very general and merely sets forth the system of judicial administration. After you have established a system, then the matter of procedure is to be administered by that particular system. So I say that these things, while they might be meritorious - I haven't considered them - are not properly before us as a Committee, other than the one suggestion you just closed with, that there will be an equity division.

MR. ST. CLAIR: Yes, and definitely not a separate Chancery Court system such as exists in New Jersey today.

VICE-CHAIRMAN: Any questions you would care to ask Mr. St. Clair? ... Thank you very much.

MR. SOMMER: The matter he has in mind could, of course, be covered by the rule-making power vested in the Chief Justice.

VICE-CHAIRMAN: Oh, yes, I haven't any doubt that these matters that you are talking about will properly be handled by a comprehensive rule-making power.

MR. ST. CLAIR: Well then, all that I can really offer is very short. I could simply say I am not in favor of the present Chancery Court system.

VICE-CHAIRMAN: And I gather that you are in favor of comprehensive rule-making powers?

MR. ST. CLAIR: An equity division under the Supreme Court.

VICE-CHAIRMAN: Any further questions? ... Well, we have nothing further until two o'clock and then we have someone on at 2:00, at 2:30, and at 3:00 o'clock. I hope to have the printed Article and Schedule for you this afternoon. What I would like you to do is take a sufficient number of copies and go over them carefully between now and next week, for the purpose of formulating your own recommendations as to phraseology and changes. Next week we are going to have an opportunity, particularly after the hearings, to make other changes.

MR. EDWARD A. McGRATH: Well, will you tell us what we can expect next week?

VICE-CHAIRMAN: Nothing, as far as our Committee work is concerned, until Wednesday. We have a full day Wednesday. On Tuesday, the Convention itself meets at 10:00 A.M., and I thought that perhaps we might meet for a few minutes right after the Convention. We'll be meeting on Wednesday and Thursday. We might even finish up Wednesday; I don't know.

MR. McGRATH: Is it an executive meeting on Wednesday?

VICE-CHAIRMAN: No, there will be a public hearing on Wed-


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