The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-03-19

JUDICIARY CHANGE
Cortlandt Parker on the
Proposed Amendments
to the State Con-
Stitution.
COURT OF CHANCERY MERITS"
promptness and Authority Result
From the Severance Of the
Law and Equity
Branches.
COURT OF CHANCERY MERITS.

ark lawyer, publishes an elaborate ex-
PLANTATION of the proposed judiciary
amendments to the Constitution. 1t is as
follows
The object of the amendments TO
the Constitution in reference to the Ju-
dietary. as stated in the original joint
resolutions under which h Commls-
sion to report amendments to the con-
stitution was created. is, that ,sucn
of legal and equitable jurisprudence az
will render the administrator of justice
more Dss simple: speedy oeiym and ID e New asaasy as
at present existing, favorably
with that of any State in the Union ia
regard to simplicity. economy and speed
First, it separates the administrator
of that system of jurisprudence which IS
termed the equitable. whose chief fea-
ture is that it administers the Roman
civil law. from the administration or tnat
other system. the English Common Law,
the defects of which the so-cailed equl-
table system was in ancient times intro
duced to remedy.
Thus does our present system attain
and commingling of doctrines which re.
suit from placing both these systems OF
law in the hands of the same gentle
men.
A result is that the decisions Of the
Chancellors in New Jersey with those OF
our Court Of Appeals, when they yoI arS
throughout the Union than those of any
of the courts who administer the lay
s sslled Is e %eII known On any y p osn s si1 lawyers.
Second, as to promptness and speed in
decision, our system is excelled mo-
where. and it excels almost If not every
other. Of r that curse, the laws
delay exists in New jersey. and badly,
but it is not in fact the laws delay, II IS
excess of work. and the delay, not of
courts. but of individuals presiding over
them-an evil springing very mpcn
4a.rcaz DrIr .ohlIf1nn0lfV
the appetite for lengthy opinions, which
seems to belong 70 almost syery. .tVrTe
n Chancellor. is responsible for the
Like delay occurs in every State, but
under our system it very seldom nap
pens, Notwithstanding the growth Of liti-
CATION. that every cause upon the list Is
not called in its order at every term OF
our Supreme Court and of our Court OF
Appeals. That h reaRpear on the
the fault. of the couns managing them.
Very seldom. indeed. are the Courts to
Third. as to economy, our present sys-
TEN certainly equals say others. The
yearly amount of the salaries of our State
Judges is comparatively small. No State
Judge. meaning thereby. a Judge having
jurisdiction throughout the State. receives
over ten thousand dollars salary. and
none less than eight thousand dollars.
acceptance OF the office by competent
Judges. and are not exorbitant.
10e present. 1ONEIllOI, IL liz fC3g
honor, has reformed the practice of Cow
errors heretofore by appointing lawyers
and not laymen as Associate Judges Of
will be remembered, are ex-of1cio Judges
OF the Court of Pardons. In both juris-
dictions this will be found a great i'm
provement. Heretofore lawyers have been
now and then appointed to that office.
Carrot D. Wall, Judge speer. Of Passaici
AMI Dodd. Caleb S. Green, William Pat
or two others, have received commissions
as Judges of the Court of Errors. and
Appeals. and won great distinction there.
The new Judges will soon make strong
argument for letting the present Court
of Errors andeAppeals alone. by the man
ner in which they will discharge their
is needed to the Constitution organizing
this Court. The Chancellor, the Judges
of the Supreme Court, and six lawyers
besides. will make as strong a court as
exists in the land, and the practice in adj
publication which the six lawyers will gain
win make the COURT a school TOT tae eGu-
preme Court
But the woods seem on fire for some
amendment. say rather alteration Glamor
city. has impressed many youthful mem
bers of the bar with the idea that there
are great defects in our system. The pre-
valence of mis- opinion has proceeded
largely from the presence of layman in
our courts. and from the idea that there
fore constitutional change is necessary.
hut. as already stated. the Constitution
is not to blame in this respect. The en-
tire fault is in the mistaken practice I'M
der it. Lay Judges in our Common Pleas
are simply a relic of antiquity. Any
LEGISLATURE can alter the law and relieve
mis- blemish. by an act preventing the
any 1ayman. and reducing the number
so as to make but one Judge for each
county court. require nm to pc a lawyer
and let him be paid by the fees now di-
vided among all the occupants Of these
benches.
ject of alteration, I will not ca1lft amend
Trent, now before the-Houses of the LIE
gisIature. Shortly stated, 1t is this:-To
make a separate Court Of Appeals. con-
Der Of Judges in the Supreme Court to
seven, and abolish Circuit Courts in all
the counties.
all the evil now complained of. Tt would
weaken the Court of Appeals or the. Su-
prerae Court, or both II would keep
and most experienced lawyers would nat
urally be thought of for the highest court.
We would start, no doubt, by taking from
the Supreme Court the most acceptable
Judge there, and then their vacancies
would have to be filled. and any one ac-
quained with the bar will see the prac-
Dreme Court which this would entail.
and as time went on this trouble wo1ld
very serious fault to make UP a court Of
Judges that never try causes before the
community on circuit. The natural ten
dency of their life is to become simple
professors, and not practical men. The
objections to this plan may be stated
thus: It adds to the number of Judges
thus Increasing expense. It involves The
selection of new persons for the bench
of the Court of Appeals. This intro
duces all the dangers attending such
selection. Politics may govern; favorit-
place. The best plan, in my Judgment
as yet suggested, is the legislative plan Of
1885. This fills the Court of Errors with
Judge already experienced BY service
with the highest tribunal of law and
equity. By 1t the Chief Justice of ths
Supreme court and the Chancellor mus
be members of the Court of Appeals. WITH
them must be Joined the two oldest Asso-
ciate Justices of the Supreme Court, ani
the oldest of the Vice Chaneellors1oldest
of COURSE, in membership. The advantages
of this plan are as follows:-First econ.
omy. second. the taking our court of the
become such by seniority in the courts
below. namely the Supreme Court an6
the Court of C-hancery8Rnot by appoint
ment of the Governor or Legislature
third. the insuring competency by requir
ing long judicial experience; fourth, thu
adding a new stimulant to proper ambf
ton. The lawyer nominated to the Su
nreme Court or as Vice Chancellor Woull
know that this means that, should h.
live and do his duty SO as to be rear
pointed to these offices. 4he would in ti1n'
be one of the Judges of the highest cpur
Of the State.
This amendment fell through beeaus'
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