The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-06-23


Courts. At one time cases were tried py
Circuit judges sitting ia the ourp Oh csili, :, !,
mon Pleas. but the people became dlssatlshe''
with that, and today the Circuit Courts are
held by Supreme Court judges MI. bee,ie
favors transferring all the business OF bue
Court of Common Pleas to the Circuit Courts.
An act had been created by the Legislature
by which nisi p,,iats cases could pe trans
ferred by the Supreme Court judge to the
Circuit Court He prefers that the system OF
courts as to jurisdiction of Supreme ana
Circuit Courts be preserved, except tnat
no writ of error be taken from the
Circuit Courts to the oupIelllo
Court. but to the Court of Errors
and Appeals. If the appellant power is elm
mated from the Supreme Court, and the
Circuit Courts were left as they were II
would be found that no additional Clrcult
Judges would be required to transact the
business for some years to come. MI bedle
said in concluding
sIf we accomplish any good at all in this
commission it will be from the fact that we
reach the objective points of grievance, dis
turbing as little as possible the existing con-
ditious in accomplishing what is necessary
for fine public good l would not advise any
disturbance of the justice of the peace ques--
ton They do no harm; in fact are kind
of safety valve. Nor would L advise any
courts The short space of time allotted for
the fulfllment of our task confines us to at
tempting to remedy the greatest grievances.
While a great deal may be said in favor OF
putting appellant jurisdiction in the Supreme
Court. yet it is too great an undertaking Ior
us to attempt.
MR.. GREY DOES NOT LIKE 1t.
Mr.. GREY agreed with Mr.. Bedle with re-
ference to adhering as closely as possible to
the existing conditions, but he thought Mr..
Redle's amendment would not be practicable
i'm the Constitution 1t would fix more firm
ly in the fundamental law just what the
commission was there to reform.
Mr.. Bedle explained that his amendment
was not an amendment to the Constitution,
but was merely introduced to amend the
proposition introduced by Mr.. Fort, which
was intended as a skeleton on which the com
mittee which will be appointed to draft the
proposition are to build.
Mr.. Grey stated that the object of the COM
mission was to find some way by which the
trial of causes might be facilitated. That
was a question of method and could not be
Accomplished by the multiplication OF sue
cessiye tribunals through which cases must
pass. but it could be accomplished by giving
neoDle Judgment in the nrSt court,
by giving the litigating party the quick
est possible settlement OF the case. All
agreed that the Court of Final Resort
must be entirely separate from all other
courts of the State, and with the best ability
in the State. After Judgment was given by
the Justice of the Supreme Court the case
may be taken directly into this Court OF
Appeal MIR. Grey is in favor OF bringing
the trial court and the Court of Appeal so
close together that no time might be lost be-
tween them by any intermediate court. lie
did not favor IT,, association OF the systems
of legal and eqgSitable Jurisprudence in the
for fa
their disassociation was the satisfaction
which they have given III the past. In con
clusion, Mr. Gray said
sIf we cannot substitute a perfect jul
diciaI system for the present one, let Us
leave it alone, making only such changes as
are necessary for the good of the people
A STRANGE ANOMALY.
Mr.. McDermott stated That should the ap
pellant jurisdiction be taken from the Su
preme Court, a strange anomaly would thus
be created, in that on certiorarl IN case
brought into that court on a rule to show
cause, it would be subject to a reversal Of
the Judgment of nine judges of the Court oi
Errors and Appeals by five judges OF the
Supreme Court Was there any more merit
in that court when a case is to be tried IL
review than than there was if one judge sit
on it alone? Mr. Bedle said that great
MANY things might be disturbed i'll the Jurls
diction of the Supreme Court by the ruiz
to show cause and that he thought there
was great wrong in the practice by rules ol
exception
TO RETAIN THE NAME.
Mr.. Fort, who is the author of the PROPOSE
tion to abolish the Supreme Court, said thai
when he introduced the proposition he IN
tended to call the court OF last resort the
Supreme Court AS the Attorney Genera
had said there could not be Supreme Court
and an additional Court of Errors and Ap
peals The people of the State wouldn't
stand them.
1t was not his intention to attack the
Judges of the supreme bench, but what was
needed was a reform in the system. Let the
supreme judges sit until the expiration o.
their terms or perhaps some of them nigh
be appointed to the new Court of Appeals.
In conclusion Mr. Fort said d:-"Let us have
Circuit Courts with Judges residing in The
circuit in which they sit, so that litigant'
will know where to find them instead ol
going all over the State after them.
.'What is wanted is a simple, Inexpensive
expeditions method of administering justice
and the system which would accomplish thi:
is that which has the trial court in intimate
connection with the Court of Appeals"
AS stated in these columns yesterday. GOV
ernor Bedle's amendment was lost. There
was discussion over the inferior courts, ant
the matter was laid on the table, new
proposition by Mr.. McDermott provides thai
the Court of Pardops shall consist of the
Governor, Attorney General, Secretary o1
State Comptroller and Treasurer.