N.J. Constitutional Convention: Vol. 5, Page 29




Tuesday, June 24, 1947

(Afternoon session)

(The session began at 2:00 P. M.)

PRESENT: Barton, Barus, Eggers, Farley, Feller, Hansen, Miller, S., Jr., Smith, J. S., Van Alstyne, Walton and Young.

Chairman David Van Alstyne, Jr., presided.

CHAIRMAN DAVID VAN ALSTYNE, Jr.: The meeting will come to order. The Secretary will please note those present and absent.

Governor Driscoll, thank you very much for coming here before the Committee. With the permission of the rest of the Committee, I would like to turn the meeting over to you, sir, for your statement; and, after you have finished, if you will allow us to ask you some questions. ...

GOVERNOR ALFRED E. DRISCOLL: Mr. Chairman, I would like at the outset, if I may, to ask for the indulgence of the Committee. Unhappily, I have been indisposed for two or three days, and accordingly have not completed the preparation of the formal memorandum. If I may, and should the need for a formal statement arise, I will ask for permission to substitute a formal memorandum for my present extemporaneous remarks. (Reading):

"The powers of the government shall be divided into three distinct departments - the Legislative, Executive, and Judicial; and no person or persons belonging to, or constituting one of these departments, shall exercise any of the powers properly belonging to either of the others, except as herein expressly provided."

So states Article III of the present Constitution of the State of New Jersey. With the forepart of that statement I am in hearty agreement. If your predecessors, the framers of the 1844 Constitution, had refrained from including the exception, the time-honored device adopted by those of unsettled mind, the statement contained in Article III would have my unqualified and enthusiastic endorsement.

No similar provision appears in the Federal Constitution, nor was any required. The gentlemen who met in 1787 proceeded with customary clarity, without embellishment, to state in Section I of Article II, "The executive power shall be vested in a President of

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