N.J. Constitutional Convention: Vol. 4, Page 529

Wednesday, July 30, 1947 (Morning session)

in the same sequence of equity jurisprudence, and this, of course, of necessity will continue. It is essential to any civilized state. No modern state can do without equity. We'll lose neither the precedents of the past nor the progress of the future in this court. And yet, these gentlemen who urge retention of the court cannot see that the court would go on, under the Equity Division, doing the same work it has done. To them, any change in title or name is to abolish it. A separate Court of Chancery is like an island anchored in the river of time, unchangeable and unchanging. Against that positivist attitude, you, ladies and gentlemen, have set your voices and with excellent result, because the product will be applauded by the public.

Now, may I go to some suggestions in the nature of criticism, which our committee has felt proper to bring before your body. First of all, Mr. Kerney referred to one - the practical suggestion that the Governor should be limited in his nomination of the Justices of the Supreme Court in the same way in which you have limited him in your Schedule, Section I, paragraph 1, to appointment to terms of office presently in existence, that is, to terms that will expire in accordance with existing law. We feel quite strongly that effective criticism can be brought against the proposed Constitution, and it may be urged and spoken of in terms of the political situation as it will be presented. Those loyal Democrats who fear the power of a Republican Governor might forcibly argue that to give to Governor Driscoll the power to fill our highest court with young Republicans growing from our Circuit bench, from our Chancery bench, gives him the power to constitute for decades a court wholly Republican in sympathy.

I don't believe for a minute that any such thing would happen. Not for a minute. I am a Republican, but I am speaking purely objectively here when I urge for the Committee that such a power does give a weapon to enemies of the proposed Constitution. We, therefore, suggest your careful, practical consideration of the results that may follow in thus empowering the Governor. Our practical suggestion, of course, is to add to the second sentence, Section I of the Schedule - or it's the third sentence, where you say "the judges of the General Court so designated shall hold office each for the period of his term which remains unexpired" - that you insert after General Court, or in front of it, in the place of dignity, "the Supreme Court and the General Court," so that same limitation will be imposed on the Governor's power with regard to the highest court as will be imposed on his appointment of judges to the General Court.

Now, secondly, I note one limitation upon a long-term objective of our committee, which was to have integration complete in its inclusion of the county judges. We would prefer to see a complete

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