The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-07-05
JUDICIAL CHANGES.
The Constitutional Commits
sion Has Practically
Finished Its Work.
WHAT 1T HAS ACCOMPLISHED
A Separate Court Of Appeals the
Only Real lnnovation-Tues.
days Meeting.


Special to the Jersey City Neus.
TRENTON, July 5, 1S94.-The commission to
prepare amendments to the Constitution
completed its labors. just previous to the
adjournment of the session of the commits
sion, which was held in the Senate Chamber
on Tuesday, Mr.. McDermott stated that as
the business of the commission in Committee
of the Whole was about completed it was his
intention to move at the next meeting to ap-
| point committees to draft the amendments
agreed upon and to adjourn until September
to await the report of the committee.
What the commission has agreed upon is
this:--
First-That the Court of Final Resort in
all Causes shall be designated ''The Court Of
Errors and Appeals in the last resort in all
causes, as heretofore" That said court shall
consist of a chief justice and four associate
justices, of whom four shall be a quorum.
That said justices must be counsellors-at-law
of this State of at least ten years standing,
and shall not, during their respective terms,
be members of, or hold, any other court.
Second--A Court of Chancery.
Third-That there shall be a court to be
designated THE Supreme Court of New Jer-
sew, Such court shall consist of nine JUS
tees, which number may be increased by
law. Such court shall be divided by the
justices thereof into three or more divisions.
The sessions of one division shall be held in
the State House at Trenton; the sessions of
the other divisions shall be held at such
times and places as shall be determined by
4la o%,.4 .f coiI oN,,uA NJ 1oe, than fxvn
nor more than four justices shall hold any
division.
Fourth-There shall be Circuit Courts
held In every county of the State by one OF
more justices of the Supreme Court. The
judges of such Circuit Courts shall hold
within the county the Court Of Oyer and
Terniiner and General Jail Delivery.
eTsnFEw HANGEs MADE.
1t Will be seen!that about the only change
made in the present judiciary system is the
provision for a Court of Errors and Appeals
separate from the Supreme Court composed
entirely of ceunsellors-at-law, thus abolish
ing b elay judges, and the provision that
that branches of the Supreme Court shall
meet in other cities of the State besides
Trenton. IL" % ~
The commission began Tuesdays sitting by
taking up the proposition which embraced
these points. The clauses relating to the
Courts of Errors and Chancery were quickly
adopted without much discussion, but there
was considerable tail over the Supreme and
Circuit Courts.
Mr.. McDermott said that it was his wish
to nave the Circuit Court judges hold the
Court of Oyer and Terminer without the
necessity of calling in another Judge, which
he was obliged to do under the present
system.
Mr.. Carrow said that he desired to dignity
the Court of Common Pleas, to'raise it to a
higher standard. He could not see the
necessity of having three courts, the Supreme
| Court, the Circuit Courts and the Court of
| Common Pleas, and he knew no reason why
the jurisdiction Of the Circuit and Common
Pleas Courts should not be combined, and in
counties where the business is too great for
one judge to transact there could be two
judges. The business of the Court of Com
mon Pleas was the most important of w
transacted in any Of the courts of the State,
coming, as it did, nearest to- the people, and
for that reason it should be .dignified and the
best talent at the bar secured to transact its
business. IT, n5Io1,+ o. d J. II
Then, too, the combination1of these two
courts would lessen the expenses of the ju-
dicial system. VltiA a5d- ,At
SHOULD BE ONLY oNE1REvIEw!d ~
Mr.. McDermott said that litigants should
not be obliged to GO to the Supreme Court,
but that the way to the Court of Appeal
should be kept open so that they could
| carry cases there if it was necessary. He
| thought, however, that there should be but
| one review, the judgment on which shall be
fnal.
Mr.. Bedle said that the policy of the
courts has not been to facilitate the hearing
of certain small causes in the higher courts.
These small causes are at present taken
from the District Courts to the Court of
Common Pleas. This proposition proposes
to take them by writ of error direct to the
Supreme Court. but to allow writ of error to
| any statutary vSlrt would seem to impose a
Hood of business upon the higher courts
which they were not able to transact.
Mr.. Carrow suggested that it was only
cases involving questions OF law which were
thus carried into the higher courts upon
writs of error. To which Mr.. Bedle replied
that it must be a pretty poor lawyer who
| cannot find a question of law in a question OF
fact. He said that when the District Courts
were first established there were so many
limitations imposed upon them that there
was a disposition on the part of litigants to
carry their cases on appeal to the Court OF
Common Pleas.
OBJECT OF DIVIDING THE COURT.
Mr.. Probst asked what was the object in
dividing the Supreme Court into three d1vi-
.sions. Mr.. McDermott explained that it was
for the purpose of giving litigants speedy
administration of justice, because by these
divisions meeting in various parts of
the State, the people would haas a
Supreme Court near at hand instead of COM
ing to Trenton'and waiting for the decisions
in their cases they could go directly to the
|, Supreme Court and have q speedy settlement.
/ And as the present Supreme Court has di-
/ Tvided itself by, custom into three divisions,
and there is no reason why it should not be
divided by law.
Mr.. Bedle thought that the powers Of the
| Circuit Court judges should be conferred
upon the judges of the Court of Oyer and
Terminer. He thought, however, that it
would be better to leave the system of county
courts as it is at present.
DON'T WANT CoUNTY OUR +
After the proposition had been finally
adopted. Mr.. Carlow moved to ia Ike from
the table his proposition providing that
county courts be established in each OF the
counties of this State, to be presided over by
a single judge, with such powers and juris-
dlctlon as the Legislature shall invest in said
courts.
He said that the Court of Common Pleas
should be made more dignifed, should be
placed on a higher basis. Som of the most
important business of the State was trans
acted in that court, and it should, therefore,
be raised to the nigh standard which it de-
l.served.
- 'In thaaast SIegislature,sa said Mr.. Car
row, "a bill was Introduced ito abolish the
bCourt Of Common Pleas and the Court Of
Quarter Sessions, and to establish other
%5county COURTS III thfS Legislature could do
4 this whyoouAd notleaehi Legislature do il?
II the mass of politjesef this; State no man
tan tell how long, he, will have his seat in
4 the courts,' and I want to get these courts
ffht,t of ~rtAlitfcsf tTf If is imDOrtant to Dun