N.J. Constitutional Convention: Vol. 4, Page 520


STATE OF NEW JERSEY CONSTITUTIONAL CONVENTION OF 1947
COMMITTEE ON THE JUDICIARY
Wednesday, July 30, 1947 (Morning session)

tion of the application by the first court to whom the application is made. In this way, I think you can save a great deal of comment from lawyers who use prerogative writ practice.

There is only one other minor point which I would like to mention, and that is the nomenclature. I agree with the Committee that the title of Supreme Court is proper, and I disagree with those who think otherwise. I believe that most people, laymen particularly, and, in fact, some lawyers, feel that Supreme Court means "supreme" and should be so in its actual functions. The use, however, of the words "General Court" somehow strikes an unresponsive chord in my own ideas. I haven't given much thought to what another term might be, but somehow the word "General" is not the one which seems at all proper to some lawyers.

With those comments I wish again to commend your Committee on the outstanding job you have done and to thank you for the privilege of being able to appear before you.

MR. GEORGE F. SMITH: Mr. Carton, you are a member of the Monmouth County Bar Association?

MR. CARTON: That is right.

MR. SMITH: You apparently don't agree with the conclusions of the Bar Association as reported this morning?

MR. CARTON: I have no criticism of their right to their opinion.

MR. SMITH: Were you present at their meeting?

MR. CARTON: I was not. Unfortunately, I was unable to be be there. I had intended to be there. However, I don't wish to be in a position of criticizing the presentation here by some other member of the bar of the opinion of those for whom he speaks.

MR. SMITH: Do you know what proportion of the membership was present at the meeting?

MR. CARTON: I do not. I could find out, but I think that should be left to your own private investigation.

VICE-CHAIRMAN: Thank you, sir. ... Mr. Maida.

MR. ROBERT H. MAIDA: Mr. Chairman and members of the Committee:

I am Robert H. Maida, of Red Bank. I am a member of the Monmouth County Bar and of the State Bar Associations. I am a member of the firm of Parsons, Labrecque, Canzona & Combs. I speak individually and also for the other members of my firm.

In response to a question addressed to Mr. Carton by one of your Committee members, I can tell you that the Monmouth County Bar Association meeting, at which the resolution favoring the separate Court of Chancery was passed, was attended by something less than one-third of our county association membership. I can also tell you, as Mr. Carton has said, that the younger members of


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