Front matter (continued 2)

Mr. James R. Nugent, of Newark, was nominated on January 16 by the Governor for Prosecutor of the Pleas of Essex county, but, a week later, was refused confirmation by the Senate, by a vote of 17 to 3.

Mr. William E. Holmwood, of Newark, has removed his law office to 43 Washington street.

Mr. J. Victor D'Aloia, of Newark, has gone to Europe for a stay of about two months, so as to visit his parents in Italy.

A testimonial dinner was given to Judge Rulif V. Lawrence, of Freehold, at the Hotel Belmont at that place, on January 2, and he was presented with the gift of a gold watch.

The Monmouth Co. Bar Association held its annual meeting at Freehold on January 3 and reëlected its President, Halstead H. Wainwright, of Manasquan.

The Union Co. Bar Association held its annual meeting at Elizabeth on January 3 and elected as its President Mr. Clark McK. Whittemore. It decided to ask the Legislature to increase the jurisdiction of the District Courts.

State Senator Thomas Brown, of Perth Amboy, was appointed counsel for the Public Utilities Commission on January 3, to succeed Mr. L. Edward Herrmann, although the latter is still retained by the Commission as special counsel in the prosecution of the Public Service rate case before the United States Supreme Court. Senator Brown has practiced law at Perth Amboy since 1907.

OBITUARIES.

Mr. George W. Jenkins.

Mr. George Walker Jenkins, one of the best known lawyers of Morristown in former years, afterward as active in corporation matters in New York City, died in Memorial Hospital, New York City, on January 19, 1922. He had been out of health for some months, but went to the Hospital only a few days before his death.

Mr. Jenkins was born November 7, 1848, at Catasauqua, Pa., his parents being George and Hannah (Morgan) Jenkins, who were Welsh people and born in Wales. After the usual early education he entered Yale College, from which he was graduated in 1870. He studied law with Messrs. Parker & Keasbey, in Newark, and was admitted to the New Jersey Bar at the November Term, 1873, and became counselor at the February Term, 1880. He began practice at Boonton, but later went to Morristown, where he soon became one of the most active lawyers of the place. He had ability, assiduity and exactness in office matters, being so exact in fact that he became one of the most popular Special Masters of the Court of Chancery to whom other members of the Bar referred their cases whenever practicable. Taking early to politics he was soon prominent in the Republican party, and was elected and served as a Member of the Assembly during the years 1883, 1884 and 1885. He was also counsel to the Board of Chosen Freeholders, and at one time served as Journal Clerk of the New Jersey Senate. In 1886 he ran for State Senator for Morris county, but was defeated by George T. Werts, who afterward became Governor.

About twenty-five years ago Mr. Jenkins, while not removing from Morristown, went to New York City, and was engaged from then until recently, when his health became impaired, in carrying on legal business connected with various extensive corporation enterprises. He was Vice-President and director of the Bridgeport (Conn.) Gun Implement Co. and Remington Arms Co., director of the M. Hartley Co., Treasurer and director of the Union Metallic Cartridge Co., Trustee of the Washington Trust Co., etc., in all of which his legal knowledge was used with skill and real ability. He owned a large and handsome residence in Morristown, and also the Silver Lake Farms at Green Village. He was a member of the Morristown Club, Morris County Golf Club and the University, Yale and Union League Clubs of New York City.

Mr. Jenkins married Miss Helen Hartley, daughter of Marcellus Hartley, of New York City, who, with one daughter and two grandchildren, survive him. His eldest daughter, Mrs. Frances Greer, of New York City, died about two years since; the surviving daughter is Mrs. Winter Mead, of Sand Beach, Conn. He is also survived by a sister, Mrs. A. L. Dennis, of Plainfield, and by nieces. The interment was at Boonton.

Mr. James A. Gordon.

Mr. James A. Gordon, an active practicing lawyer at Jersey City, died suddenly at his home, 638 Pavonia avenue, on January 11. Complaining that he felt ill, Mr. Gordon left his office the day previous, but his illness gave no indication that death was near.

Mr. Gordon was the son of John A. and Isabella (Leslie) Gordon, and was born in the city of Bergen (now Jersey City), October 7, 1860. He was graduated from the Jersey City High School in 1881; read law with Mr. John Linn and Linn & Babbitt, and was admitted as a New Jersey attorney at the June Term, 1885, and as counselor at the June Term, 1888. He soon became one of the ablest of the younger members of the Hudson Bar. His office was at 586 Newark avenue, Jersey City, at the time of his death. He was unmarried and made his home with a sister, Miss Isabelle Leslie Gordon, who, with a brother, William Stewart Gordon, survives him. He belonged to the Bergen Lodge, F. and A. M., and the Hudson Bar Association.

Mr. Robert I. Hopper.

Mr. Robert Imlay Hopper, of Paterson, long a prominent attorney of that city, died on January 24th after a few days illness from a general breakdown.

Mr. Hopper was the son of the late Judge John Hopper and Mary A. (Imlay) Hopper, of Paterson, and was born in that city May 28, 1845. After a public school education he entered Rutgers College, being graduated there in 1866. He studied law with his father and became a New Jersey attorney at the June Term, 1869, and a counselor three years later. For many years father and son were associated in practice in Paterson, being severed only because the father was elevated to the Bench. In 1878 he was chosen counsel to the Passaic Board of Chosen Freeholders and served as such for ten years. He was also secretary to the Paterson & Hudson River Railroad (now part of the Erie R. R.), holding that office at the time of his death. He was active in the National Guard of New Jersey, having been Major and Judge Advocate, and was prominent in Masonic circles and in various clubs. His wife, who was Miss Ida E. Hughes, died April 24, 1878. One daughter, Ida, survives.

VAN NESS ACT OVERTHROWN.

On February 2 the Court of Errors and Appeals of this State declared the Van Ness Prohibition Enforcement Act unconstitutional. This decision reverses the Supreme Court in the three test cases involving the constitutionality of the Enforcement Act and sets aside the opinion written in the lower Court by Mr. Justice Minturn, presumably concurred in by Justices Trenchard and Bergen, who heard the argument below. Had they sat in the full Court there would have been so close a division that the Court would have stood, as we see it, almost even.

The news comes to us just as we are going to press, so that the text of the decisions and dissents is not available. The newspapers state, however, that four opinions were filed and that results on single propositions tended to sustain the constitutionality of procedures while as a whole the Act was overthrown. Says one newspaper:

"On the question of a jury trial, the Justices found that the denial of it was proper, six votes to five. That the Act was not unconstitutional in describing as a misdemeanor what the Federal Volstead Act describes as a crime, the Court agrees six to six, which upholds the Act. On the two questions of whether the Act was properly described in its title, and whether the functions put upon the magistrates by it could properly be exercised, the Court upholds it nine to two. In other words, each one of these features is in itself constitutional. But there are eight Justices who disagree with it on one point or another and only four who found nothing to disagree with. Therefore, we have the curious phenomenon of a piece of legislation constitutional in each separate part, but under which, as it stands, it is impossible to secure a conviction that will be affirmed. In other words, the Act will not stand as it is."

Chancellor Walker devoted the main part of his opinion to consideration of the constitutional question involving the right of indictment and trial by jury, in which he held that the Act was defective. Among other things he said:

"It is almost superfluous to say that the proceedings under view are void because there has been no indictment, as that is a mere corollary to the proposition that they are void because the defendant was denied the right of trial by jury. No one can be put upon trial before a traverse jury in New Jersey for a commission of a crime unless upon the presentment of indictment of a grand jury, except in cases of impeachment or in cases cognizable by justices of the peace (or certain military or naval cases)."

Chief Justice Gummere's opinion was concurred in by Justice Swayze and Judges Gardner, Ackerson and Van Buskirk. It approached the subject from a different angle than the chancellor, reaching the conclusion that, with the passage of the Eighteenth Amendment, the State had to surrender part of its police power to the Federal Government, and therefore was bound to legislate in conformity with the Volstead Act, which, passed under authority of the Federal Constitution, becomes the supreme law of the land.

Justice Kalisch held that the supreme law of the land, embodied in the Volstead Act, having made certain offenses a crime, it was not within the power of the State to classify them as petty offenders.

Consideration was given by Judge White to the questions relative to the right of trial by jury and the alleged erroneous interpretation on the question of concurrent power. As to the first objection, that relating to the right of trial by jury, Judge White said he thought the real underlying historically established test depends upon the character of the offense involved rather than upon the penalty imposed.

"The offense must be a petty and trivial violation of regulations established under the police power of the State in order that the offender may be summarily tried, convicted and punished without indictment by a grand jury and without trial by a petit jury." It must, of course, Judge White said, be assumed that the punishment for a petty and trivial offense will also be comparatively petty and trivial, otherwise it would violate another provision of the State Constitution which prohibits cruel and unusual punishment.