The Central New Jersey Home News from New Brunswick, New Jersey • 2

13 THE DAILY HOME NEWS, NEW BRUNSWICK, N. THURSDAY, JUNE 12, 1947. DELEGATES ATTEND Dr. Clothier Continued from Page One Rutgers Gym Continued from Page One Complete Text of Convention Address by Governor Driscoll Believe Snyder Has Urged Veto Of Tax Measure Statement by Secretary of Treasury Indicates His Line of Action WASHINGTON. June 12 (IV-A statement by Secretary of the Treasury Snyder that "we must know what our expenditures are going to be before we cut our revenues" gave a strong new hint today that he has urged President Truman to veto the income tax reduction bill.

Snyder has made no secret, be URGE RETENTION OF FARM BOARD Grange, Farm Unit Defend Present Plan in Letter To Delegates TRENTON. June 12 IJT) The New Jersey state grange and farm bureau joined today in a statement on constitutional revision eeking preservation of the existing methods of choosing the state tgricultural board and secretary. In a public letter to all delegates to the constitutional convention, the farm organizations also asked for fnaintenance of funds specifically dedicated to highways "and other uses beneficial to agriculture." Farmers now choose the agricultural board who in turn choose a secretary of agriculture. Again questioning the legality cf the convention method of revising the constitution, the farm groups said: "At no time have we regarded our present constitution either antique, obsolete or generally ineffective." The organizations have previously expressed doubts about the constitutional convention, but promised "not to be obstruction-iFt" if a "good" constitution resulted. Their seven-page letter to the delegates outlined proposals to restrict voting rights to those who believe in the principles of liberty end freedom, and to specify the "divine origin and nature of freedom," recognition of which they atd should be a "condition precedent to participation in the state government." have come at the direction of the people to consider and formulate a revision of our constitution." declared Rafferty.

"Whatever bias and prejudice Dr. Clothier may have is a bias and prejudice in favor of the American way of life," he con tinued. "His capacities will direct this convention effectively and expeditiously in the work that lays before it. His administration of this high office will be a beacon light to the great men and women of this country who are determined that representative government shall fulfill its role in the world. His inspired and courageous leadership and his exemplary industry will commend itself to all of the delegates and will encourage the delegates to the accomplishment of the great task which is ours to accomplish." Accepts Chairmanship Accepting the chairmanship of the convention, Dr.

Clothier said: "I am greatly honored by your action in electing me to serve as president of this convention. It is unquestionably a far greater tribute to your courage than to your judgment. Notices in the news papers from time to time have suggested the possibility of something of this kind happening but I have replied to those who re ferred to them that this conven tion would be able to think of many other men better qualified by experience and training for this responsibility. "I can only say that I shall do my best to perform the duties of this office to your satisfaction and that I shall be grateful to you, to each of you, for your continuing advice and assistance. "I have no doubt that they will be forthcoming for we are embarking on an enterprise of the utmost importance to the people of the state, the success of which will depend in the end upon our ability to work together.

It will depend no less upon our ability to reconcile differing points of view through intelligent compromise, upon our willingness to subordinate group interests to the welfare of all the people of the state, and upon our determination to exalt principle over expediency. "It will not be an easy task. The legal differences are many and intricate. New Brunswick is not noted for its cowl summers. But I promise you the university will do everything in its power to expedite your labors and to make your sojourn here as pleasant as possible.

Let me say, too, that we consider it an honor and a privilege to have the convention hold its sessions here at Rutgers, now the State University of New Jersey. "Governor Driscoll, I am perhaps presumptuous in assuming to speak for my fellow delegates, but 1 think I shall not exceed my authority when I pledge you that we shall all do our best to carry out the mandate of the people expressed so overwhelmingly at the recent election and to prepare the draft of a revised constitution draw curtains, and side walls of building board. These walls in turn are partly hidden behind trees gathered for the purpose. While men were unloading the vans, setting in place the convention furniture, erecting lights, stringing wires, and setting up the press and radio sections, others were up in the steel rafters hanging 28 double American flags, 'and flags bearing the state seal. In another corner a crew was erecting a stand for the recording machines that will transcribe the convention.

On the second floor, just off the balcony entrance, a crew was busy putting together several hundred feet of metal shelfing for the speedily assembled law and reference library. This shelfing was made in Newark and assembled in the gym last night by factory work men. More than 1,000 reference and law books were moved from the state law library in Trenton and from the libraries of Princeton and Rutgers. In addition to making speedy research available to the delegates, this library will act as official repository for all documents and papers originating in the convention. Matthew O'Rourke of the Rutgers library and Miss Jennie Szendry of N.J.C.

will direct the library. Mixed In with the workmen. electricians, and decorators were the actors, soldiers, and ballet girls. Members of the cast of the his torical pageant held their final rehearsal until nearly 1:30 in the morning. The ballet girls in brief practice suits, and the sweating workmen cast frequent, longing eyes toward the cool waters of the Rutgers swimming pool sparkling under flood lights just a few feet from where they were working.

Two groups of soldiers were on hand to prepare for their parts in the opening pageant. One group, of National Guardsmen, paraded into the hall and assisted in a massing of colors and salute. The other, a detail of five men from Camp Kilmer, portrayed soldiers of bygone wars during the pageant. In the basement a pair of two-way teletype machines kept the convention hall in constant touch with the offices of the press associations. In the press section on the convention floor desks and chairs are set up for members of the working press.

Similar desks and a broadcasting studio are provided for radio newscasters. By this morning the hall was a scene of order and dignity. The delegates' seats and desks were all in place. The stage was set for the opening cue and the first strains of the large orchestra made up of members of the Essex County Symphony, the lights were focused, the registration booths were open, the ushers and usherettes were poised for the 1,900 spectators who will witness the opening day. REVISION TO FEEL MANY INFLUENCES Governor, Essex Leader, Chancellor and Others Wield Much Power It's a big day for the 81 men and women delegates to New Jersey's first Constitutional Convention in more than a century, but there are others who will have much to say in the writing of a new constitution.

In his keynote address. Governor Driscoll urged the delegates to do a job "to the end that the citizens of this state 100 years hence will repat your names with pride" but it was Driscoll him self who has, and probably will continue to exert the most influence in constitutional revision. Since January 21, when he proposed revision in his inaugural address, the governor, largely through suggestion, has guided the proceedings up to now. That numerous delegates will turn to him for guidance in the future was undisputed. Next to Driscoll.

the influence of Arthur T. Vanderbilt, the Essex county Republican leader, will probably be felt most in the convention. Long an advocate of revision, Vanderbilt has clashed with Driscoll on many aspects of this latest effort to reshape the constitution. His views on changes in the judicial system will be reflected largely by the 13-member Essex delegation. Chancellor A.

Dayton Oliphant, the state's highest judicial officer who disqualified himself as a candidate, has many supporters in the convention reflecting his position in respect to chancery court. Oliphant wants it re tained; Vanderbilt favors its abolition. The issue looms as th most controversial before the convention. Former Governor Walter E. Edge, who made one speech on revision and yesterday sent a message to the delegates urging the mto take a stand against succession for New Jersey governors, and G.

O. P. state chairman Lloyd B. Marsh are also influential factors. Marsh, with much strength among county leaders, will play his most important role when the new charter is submitted to the vember.

people for ratification next No-Within the convention, with its 54 Republicans, 24 Democrats and three independents, much attention will center on the "Big Three" from Democratic Hudson county, Senator Edward J. O'Mara. former U. S. Senator John Milton, and former Chief Justice Thomas J.

Brogan. They are all members of the organization of Mayor Frank Hague, whose opposition helped defeat the Edge-Vanderbilt revision plan in 1944. In his new nonpartisan approach to the question, Driscoll has conferred often with O'Mara. a ST. PETER'S MASS Bishop William A.

Griffin Asks for God's Blessing On Convention Delegates to the State Constitutional Convention communed with God today before entering upon their deliberations in the draft of a new constitution for New Jersey when they attended a low mass which was celebrated at St. Peter's Roman Catholic Church by the Most Rev. William A. Griffin, Bishop of the Trenton Diocese. Many local officials including Public Safety Director James T.

Shine, City Clerk Harry W. Dwyer and former Judge William F. Mc-Closkey also attended the mass along with several hundred students of St. Peter's School, priests in the area and Sisters of Charity. Bishop Griffin in a short sermon declared "the most important work the State of New Jersey has attempted in more than a century is about to begin today in this historic city of New Brunswick the work of revising the 103-year-old Constitution of the state.

"By an overwhelming majority, without regard to party affiliation and with implicit confidence in the lofty motives and genuinely progressive leadership of their governor," continued Bishop Griffin, "the people of New Jersey have freely and decisively expressed their mind in favor of a new State Constitution through the medium of a Constitutional Convention, to which they have elected as their delegates persons whom they regard as men and women of honor, of high moral integrity in private and public life, and of a keen sense of jus tice to the entire citizenry without regard to, yet without prejudice against, the distinctions of racial origin, of religion or of color. "This mandate of the people is direct challenge to the sincer- tv. the earnestness, and the dili gence of the duly elected delegates to say nothing of the intelli gence, the broad vision, ana ine strict conformity to sound prin ciple required for the herculean task of framing the basic law of the state for the good of all citizens. 'For law by its very essence and suqstance Is an ordinance of reason promulgated for the com mon good by him who has charge of the community," continued nis Excellence. "UDon this solid and unchange able foundation are built not only the centuries-old Magna Charta of England and the still morally impregnable Constitution or tne United States of America, but the political foundations of every state and nation in which the true spark of civil and religious lib erty has been kinaiea.

js.een ap preciation of, and firm adherence to. the very essence ot law can not but lead to genuine progress and prosperity in the body pontic, disregard of its spens anarcny. "Little wonder, then, mat we assemble here in this Temple of God to implore the aid of the dl vine law-giver before our elected reDres entatives. the eighty-one delegates to this historic Consti tutional Convention, oegin tneir task for the 'common good' of New Jersey's citizens. "Mav the light of the Holy Soirit illumine their minds and the fortitude of the Holy Spirit strenethen their wills to frame.

and to submit to the citizens oi New Jersey next November, basic constitutional document that for wisdom, justice, and protcc tion of human liberty will win universal approval of liberty-liv ing peoples in our beloved Amer ica and in the world." Oil, Stone Continued from Page One County Records Building from irate residents seeking to deter mine the reason for the situation. The general impression was that the city officials were at fault, but it was explained that the Board of Freeholders bears the expense and rsponsibility of keeping George and Albany streets in repair. The two thor oughfares were taken over the the county several years ago un der an arrangement whereby the city removes the snow in the win ter and the county takes care of street repairs. The work was stopped yesterday when the men got to the railroad underpass, although they were scheduled to continue to the Landing Bridge. Truckloads of sand were dis patched to George street and scattered over the still soft covering.

The sand absorved most of the oil and improved the condition to that extent, but created clouds of dust in the downtown area. The men were busily engaged this morning in removing the surplus stone and sand, sweeping it off the sidewalks as well as the roadway. This activity, too, was creating clouds of dust but a return to normalcy is expected by this afternoon. Considerable inconvenience was caused yesterday by bus riders, who waited patiently on street corners unaware of the fact that that buses were being retoured because of he resurfacing activities. 18,000 AUTO WORKERS IDLED BY DISPUTES DETROIT.

June 12 Labor disputes idled about 18,000 Detroit workers today, keeping closed the Hudson Motor Car Company and cutting down pro duction of Ford clutch assem blies and aircraft engines at Con tinental Motors Corp. A sitdown strike at Continental's Detroit plant, the first such dispute in ten years, began yes terday but apparently affected only 1.200 day workers, since the company reported operations nor mal after the change of shifts last night. fore congressional committees and elsewhere, of his belief that a reduction in the public debt should take precedence over any tax cuts this year. But his latest statement, at a news conference yesterday, was widely interpreted to mean that he has suggested to the President that he turn down the bill slashing income taxes from 30 per cent in the lowest brackets to 10.5 in the highest. "I am not against the principle of tax reduction," Snyder said.

"I am thinking of the financial stability of this country and of our fiscal policy." He said that in his opinion Congress acted "nastily" in voting to reduce revenues before it finished appropriating for the fiscal year which starts July 1. "We must know what our expenditures are going to me," he said, before we cut our revenues. That might make those expenditures exceed the revenues." President Truman, who likewise has expressed opposition to tax reduction at this time, has until midnight Monday to reject or accept the bill which would reduce income levies at the rate of $4,000,000,000 a year beginning July 1. Also in the field of taxes, the Committee for Economic Development last night recommended that "as rapidly as is consistent with the maintenance of high employment and production without further inflation there should be a general reduction of both business taxes and personal income taxes." At a news conference later, CED Chairman Paul G. Hoffman said he did not feel in a position to say whether the income tax bill should be signed.

"I don't know whether this Is an inflationary or deflationary period," said Hoffman, who is president of the Studebaker Corporation. "In Washington I get both sides." The Committee for Economic Development is a private business planning organization. which-will correct some of the inadequacies of the old and which in the end will met with the people's approval." no 0 BIRDS rri ment everywhere has seen a con stant advancement of the balance between the liberty of the individual and the interests of society. To serve this process, a written constitution must be flexible, must not impose excessively rigid conditions of government, must be open to reasonable amendment and adaptation to changing con ditions and ways of life which none of us can foresee. It is this very characteristic of the federal constitution which has given it enduring quality.

The highest trust In a constitu tional government is imposed on the men who comprise the ju diciary. It is in the judiciary that we find the balance-wheel of our whole constitutional system. Our unique institution of judicial review of the acts of the legislature and executive, giving power to courts to set aside laws and executive actions where the judges determine that they vio late the written constitution, has come to make the quality of our justice synonymous with the val ues of democracy held by the av erage citizen. It is lor this reason that we think of our courts not so much as forum for the settlement of differences between private liti gants, or as the peculiar working arena of professional adversaries and legal technicians, but rather as our principal instrument of individual liberty and political security. It is only in our courts that an individual of the lowliest es tate can set himself up against his government by appealing to the kind of fundamental law which this convention is about to formu late.

Moreover, it is through the courts that the prerogatives of government may be asserted against the individual in an orderly and systematic manner. Accordingly, it is particularly important that our dudicial system, by its performance and ability to speedily adjust itself to new requirements, merit the confidence and respect of ur citizens. We may look upon the constitution as the vehicle of our life as a state. In your work of designing the building it you will have the advantage of many other minds and hands that have labored, particularly over the past five years. The report of the Commission on the Revision of the New Jersey Constitution in 1942, the record of the public hearings on that report, the record of the hearings conducted by the legislative committees in 1943, and the proposed constitution drafted by the legislature in 1944 are documents entitled to your thoughtful consideration.

This convention opens with every advantage of a promising prelude. Following the recommendation contained in my inaugural address of January 21, the enabling legislation to provide for the convention was adopted by a unanimous vote in both houses of the Legislature. In your nomination and election as delegates petty partisanship was largely laid aside. You have the mandate of the people of New Jersey to dedicate yourselves to a period of constructive service to our state, without regard to partisan advantage or distracting personalities. The duty confronting you today is not unlike that confronting the authors of the Declaration of Independence as explained by Thomas Jefferson in a letter to Henry Lee.

The Important task, Jefferson wrote, was "not to find out new principles, or new arguments, never before thought of, not merely to say things which had never been said before; but to place before mankind the common sense of the subject, (in) terms so plain and firm as to command their assent I am confident that you will so conduct yourselves that it will be said of your work, as James Madison said of the work of the convention in Philadelphia in 1787: "Whatever may be the judg ment pronounced on the compe tecy of the architects of the constitution, or whatever may be the destiny of the edifice prepared by them, I feel it a duty to express my profound and solemn conviction, derived from my intimate opportunity of observing and ap predating the views of the con vention, collectively and individually, that there never was an assembly of men, charged with a great and arduous trust, who were more pure in their motives or more exclusively or anxious ly devoted to the object commit ted to them to best secure the permanent liberty and happi ness of their country. The rights that you exercise in this convention were won in 1776 and protected in memorable struggles through the years. The fight for liberty, however, must be won anew each day and the contest for good government waged during the days of peace is no less important than the bat tie waged in the heat of armed conflict. May your service in the drafting of a new constitution be one of dedication to the memory of the men and women who fought in the wars to make and keep us a free people. May you be blessed with clearness of vision; soundness of purpose, and successful accomplishment, to the end that citizens of this state hundred years hence will repeat your names with pride and call you devout, wise and just.

Yours ladies and gentlemen of this con vention, is the opportunity of a century. SEVERE EARTHQUAKES RECORDED IN N. NEW YORK, June 12 (JP) Two "very severe" earthquakes pos sibly centered in the Dutch East Indies, were recorded at 4:21.45 a. m. (EST) and 5:24.19 today by the Fordham University seismo graph.

The Rev. Joseph J. Lynch, university seismologist, said the earthquake was estimated as about 9,400 miles distant from New York City. Continued from Page One sues of modern society in a popularly elected assembly of 81 individuals. The course of your work during the next three summer months will undoubtedly be trying, and the responsibility you have undertaken will test your capacity for statesmanship.

It is part of our tradition, and a valuable tradition it is, that when we revert to fundamentals in government we look for the highest form of representative democracy, as well as the ultimate consent of the governed expressed through the process of free elections. Cites Tasks Ahead It is only fair to say that a great work is expected of you. While this state has lived under the same constitution, with but little change, for over a century, its people, their life and work have undergone the effects of a civil war, of two world wars and of industrial and social revolutions since our present constitution was adopted in 1844. It is your task to appraise these great forces in terms of present constitutional standards, to test what we have against what we need, to retain what haa withstood the test of time and to reexamine and discard what is no longer acceptable, to build in new fields which were unknown a century ago. One characteristic of our mod ern life more than any other makes your task more difficult than that confronting your predecessors in 1844.

I refer to the intricate interdependence of in dividuals and groups in our modern society as compared with the relative independence of the indi vidual prior to the Civil War. Not only has government become inestimably larger and more signif icant in the daily lives of our people, but the industrial revolu tion has brought great aggregations of capital and individuals well described as "private govern ment the form of business cor porations and trade unions. Gov ernment has become so large that responsibility is difficult to ldenti fy. Other social forces, as well, have come to have a commanding effect upon every citizen, with responsibility also difficult if not impossible to define. The result is that from the viewpoint of any law-making body, whether it be a legislature or a constitutional convention, it becomes necessary to recognize the significance of highly organized group interests, the intense conflicts and presures which such organization brings in its wake, and the confusion of political values which it creates This kind of environment makes it all the more important that the organic law under which our state may live for the next century be confined to the establishment of a sound structure, to the defini tion of official responsibility and authority, to the assurance of the fundamental rights and liberties of all the people.

To do less is to fail in ycur trust. To seek to do more is to impose upon the future. Asks Basic Fundamentals We can best insure against the pressures of our age and the vicissitudes of the future by confining our state constitution to a statement of basic fundamental principles. Its authors stated their fundamental concepts of government without compromise or complica-iton. By way of contrast, our 1844 document imposes cumbersome restrictions upon each branch of the government entirely apart from the historic philosophy of checks and balances between the legislative, executive and judicial branches.

These cross checks and restrictions within the basic branches of government are the cause of many of our present-day difficulties. They account for the size of our court of last resort and the presence of so-called lay mem bers on the court to check the activities of men trained in the law to give but one illustration. In the course of your debates you will, on many occasions, be tempted to adopt legislative enactments. You will be wise to guard against this natural temptation by the judicious and conscientious exercise of statesmanship and will power. The state constitution is an organic document a basis for government.

It should not be a series of legislative enactments. Our search for a modern government in this state has all too frequently been frustrated by legislation enacted by our ancestors over a century ago and embalmed in our constitution. When legislation is permitted to infiltrate a constitution, it shackles the hands of the men and women elected by the people to exercise public authority. The longer a constitution, the more quickly it fails to meet the requirements of a society that is never static. To quote one authority: "The more precise and elaborate the provisions of a constitution "the greater are the obstacles to the reform of abuses.

Litigation thrives on constitutional Document of Principles Accordingly, I earnestly recom mend that all proposals of a legislative character be rejected. If you deem it desirable, these may be incorporated in a supplemental report addressed to the governor in the nature of a presentment. This report will be forwarded by me to the legislature for consideration at either a special or general session. By this device, the con-; vention may confine its draftsmanship to the creation of a document confined to principles, while permitting a natural outlet and expression for related legislative proposals either for the purpose of implementing or supplementing the proposal. Over a century ago, your predecessors forged the handcuffs that today prevent your government from freely meeting the challenge of an industralized society.

Unhappily, the key to the handcuffs was thrown away by the framers of the 1844 document by the adoption of a time-consuming and costly amendment process which has proved to be substantially unworkable. Must Be Flexible It may well be said that the history of constitutional govern- BEST FOR LESS AT UWiLLJUvJ to) UVUqJu uuvgli ill 0 .3 itl Progress of State Portrayed at Gym In Charter Pageant With Dorothy Kirsten, Metropolitan Opera star, as the headiiner, a spectacle of New Jersey's progress since revolutionary times was enacted today at the opening session of the state constitutional convention. In addition to Miss Kirsten, a r.ative of Montclair, the pageant featured Radcliffe Hall, a radio performer as narrator, the Essex County Symphony Orchestra, and the Bayway Esso Band. The production was arranged by Edward Padula, of South Orange, in what he described as record breaking time." A company of 100 participated in the half-hour presentation. It included a tableau of the great seal of New Jersey, the signing of the first stati constitution in 1776, a scene from the convention of 1844.

and a color guard representing the men of New Jersey who fought in the country's wars. There was also ballet dancing by the School of the American Ballet typical of the mood cf each age depicted in the pageant the script was written by Thelma A. Prescott. Convention Continued from Page One mouth delegations to replace two cf the four judges who elected to withdraw when their future status as judges was questioned because of taking an elective office. In Bergen and Passaic counties, vhere judges resigned as delegates, successors were announced jesterday.

Eleven other judges are delegates. Unless there is a change of plans, the convention will adjourn tonight until Monday. A number of delegates were reported to have informed. Driscoll, as temporary chairman, that the permanent chairman should be given some time to study appointments to major committees of the convention. It was anticipated that the governor would appoint a temporary committee on rules to act until the election of the permanent chairman, who would then name a permanent rules committee.

Proposed rules call for each delegate to serve on at least one committee. They are being asked to indicate their desires on committee assignments. Major interest centered on the judiciary committee chairmanship, for which Frank H. Sommer of Newark had been favored. The 73-year-old former dean of New York University Law School, a delegate from Essex, was confined to his home with a bronchial condition and associates said it was unlikely he could assume the arduous duties of the convention's major committee.

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