The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-06-23
JUDICIAL REVISION
Constitutional Commission
Has a Discussion as
Warm as the
Weather.
SHUFFLING FROM COURT TO COURT.
Ex-Governor Bedle Frees His
Mind on Equity and Law
Jurisdiction.
Howard Carrow's Plea for the Su-
preme and Circuit New
Amendments.
FROM COURT TO COURT.
speeiql to the Jerscu City Nelus.

Special to the Jersey City NelrS.
TRENTON, June %, 1S94.-The ears of the
Judges of the Supreme Court must have
tingled intensely yesterday, for, while they
were sitting as members of the Court of
Errors and Appeals in the Supreme Court
chamber, the commission to revise the
judiciary was in the Senate Chamber say
ing all sorts of things about them and their
court.
Those of the commissioners who said the
hardest things against the Supreme Court,
however, took particular pains to eulogize
the judges who at present constitute that
court. and have it understood that II was the
system and not the personnel OF the court
which they attacked.
The discussion was on the proposition to
have Circuit Court IN each county which
would abolish the Supreme Court as at pres
ent constituted. The debate was begun by
Judge Carrow of Camden Mr.. Carrow is
one of the leading Young lawyers OF South
Jersey and has been a District Court judge.
He is a prominent democrat and a member
of the State Committee. He is recognized
as lawyer of ability, and his Speech IN
favor of retaining the Supreme Court was
carefully listened TO by the commissioners.
He said
JUDGE CARRow's ADDRESS.
Experience has shown that it is unwlse
to make constitutional changes affecting the
judicial system of nation or state unless
such changes are prompted by the graVeSt
consideration 1t is far better to suffer
slight Inconvenience and retain system
which is found to be generally satisfactory,
then 60 try doubtful and uncertain expert
ments.
Il am In favor of making such innovations
as the public necessity would seem to re-
TaAVE- rlTE nj
peals. COMPOSED wholly of experienced law
vers whose business will be to hold frequent
sessions and give patient hearings to coun-
sci, and be prompt in deciding cases. There
is a universal demand on the part of the
DubIic and bar for such court as we now
have in contemplation, and it is proper
that we should respond to that demand and
submit an appropriate proposition to the
Governor for his and the Legislatures ac-
ton.
in dealing with the Court of Errors and
Appeals, we have no difficulty IL discovering
the reasons for the desired change, but is
there any substantial reason why the
Supreme Court should be abolishedE 1t there
is no member of this commission has told us
what it is 1t is said that other States have
adopted the Circuit or County Court system,
and the constitutions of those States have
been ably and intelligently presented to us
by a'distinguished member of this commls-
sion for the purpose of showing the variety
Of courts in this country, and it would seem
that very few States retain the nisl pTilts
practice, but the reason why this practice
has either been abandoned or not adopted at
all ia our sister States is because most of the
States have a larger area of territory than
we have and the systemis not adapted to large
States, but | think it is especially adapted to
small States but do not understand that we
are called upon to initiate other States,
what we are required to do is to make such
changes as the public good requires and re-
tain such courts as have given general salts
faction and at the same time been a credit
to the State. | am therefore convinced,
after careful study of this question, that 1T
would be very unwise to abolish the Su-
preme Court: this court for small State
like ours. with but twenty-one counties, has
peculiar advantages which we could not
have in any court without making the new
court practically the Supreme Court ana i. IL
we are going to build a new court on the
ruins of the present Supreme Court with
the same original jurisdiction and fliSi prtus
practice. why make any change in the court
at ali?
SUPREME COURT INDISPENSABLE
sMoreover, our Supreme Court, with It's
3.isi prias practice, its prerogat1ve powers,
its supervision over the trials Of Its own
Justices and its jurisdiction in tax matters,
make it, as a distinguished lawyer OF this
State SAYS an Indispensable part OF our Ju-
dietary. besides, it is court of well defined
.. y
and general machinery are familiar to the
whole bar its practice of making rules for
the admission of attorneys and counsellors,
and its supervision of the examinations has
served to give us a Bar which Tor learning
and character is not surpassed by the Bar OF
any other State, and the able justices who
have presided over this court have given us
a line of decision which are an ornament to
the jurisprudence of this country:
s.Now to say that because this court has
Ill 1, 1f-< will ohCN11C
IT. and try doubtful and uncertain expert
ment merely to be in the fashion, am un.
able to see any wisdom insuch policy, and
I do not believe the people of this State are
prepared to accept any Judicial scheme
which calls for the abolition of the Supreme
Court.
81 am willing to concede that there may
be defects in our Supreme Court; but let US
cure those defects. | am therefore, IN favor
of retaining the Supreme Court, with its pre-
rogative powers and original common law
Jurisdiction and nisi prius practice: but
would take away its appellate powers ana
vest them wholly in Court OF Appeals"
GOVERNOR BEDLE'S PLEA.
FIX Governor Bedle, who made such a sue
cessful fight in favor of the Supreme Court
last Tuesday, was expected to make par
ticularIy strong plea for its retention. But
the ex-Cfovernor was not feeling well and
said what he did with labored effort ano
from his seat He began by moving as an
amendment to the proposition that there 1e!
there shall be a Supreme Court and a Cn'
cult Court such as now exist"
The object of that he said was to leave
the supreme Court and Circuit Courts as
organized SO as not to limit them In any
way Whether the Supreme Court should
sit in review of cases on writs of error l:
another question, as is the matter of adding
eauitable jurisdiction in courts of law MI
Besllc stated that when the proper, time came
he would offer an amendment giving the
gupreme Court equitable jurisdiction. Mt
Bedle cited case in his experience in which
was involved question of equity, and II
took five years to get the case settled IN the
Court Of lhancery because of the question o1
equity on which the law Judges could not sit
He advised leaving the Supreme Court as il
ig with the addition of the right to sit IN
eu,,ity, so that cases can be settled in thai
court without being carried to another
court. He could see no reason why judges
IN eouity should not sit on legal questions
and thus allow a case to be settled ID the
court in which it is.
ADVISES MODERATION.
He was opposed to any interference Will
the Supreme Court or with the Circal