The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-02-19


classes of actions still remains in point
OF fact and must remain SO long as the
right of trial by jury prevails as to COM
mon law actions, while trial by the Court,
without jury, prevails in equity acSions.e
1t is not a little singular that the result
OF the so-called reformer practice has
been quite the contrary to that expected
by its trainers. 1t was anticipated that
by assimilating the practice in law and
equity, our whole system of jurisprudence
would be iberalized and the principles
of equity carried gradually into the COM
mon law courts.
ION the contrary, the effect has been
to rigidfy and harden the practice in
equity. to assimilate it more and more
to the common law practice, to make the
Judges more and more disposed to follow
precedents and less disposed to strike out
upon original lines of equitable juris-
prudence. Your Chancellor and Vice
Chancellor in New Jersey constantly grant
equitable relief in cases where our New
York Judges would stand appalled, with
horror at the very suggestion and would
require a case in the Court of Appeals
as an authority before acting. Prof
Pomeroy, when he came to write his
Equity Jurisprudence as you may re-
member. acknowledges this result of the
union of legal and equitable remedies and
confesSeS the mistake that had Deen
made by it's advocates.
This is the more remarkable as ne
was a most enthusiastic advocate OF the
so-called reformed procedure. So in the
matter of provisional remedies, pract1ce
of Surrogates' Courts and other matters
of like character, the extreme techni-
cality required of the practitioner IS al
most in our procedure. Or course, tnere
are advantages in our procedure, but the
disadvantages are enormous. We are
now threatened with additional sections
to our code of civil procedure, embracing
a vast variety of subjects now covered
by other statutes or by the common law,
such as Liens on Canal Boats, Mar
riage after Divorce and a hundred other
subjects equally far removed from the
proper domain of a practice act.
1.I have wandered, however, very Iar
from the topic upon which I was to
speak tonight. A few words. on that
subject before closing The infnence nnec ar q
fairs, as has been frequently pointed out
both by foreign writers az well as by
Ameriean n96any Hyea and By Sir
Henry Maine in his work on Popular
Government" has been out of all pro-
countries upon public affairs. and out of
all proportion to the influence or any
other class in this country.
the days of Hamilton, Jay and Madison
to the present time. all of our constitu-
tions. Federal and State. and most OF
work of lawyers; our Jurisprudence as
built up by the Courts, is Of course en-
tirely the work, of lawyers at the bar
e ana only the srs Saneh of the bar Pe IS he pes
This peculiar position of the bar OF this
country throws upon US enormous re-
fi ties have been faithfully lived Up to BY
the great body of the bar. When we look
forward to the future of this country,
we are appalled, by the possibilities that
confront US.
ssWild waves of unrest are making
THEMSELVES felt in the social and economic
tn IN DjScnnfpnf
leading to extreme and violent legisia-
tion in many of our communities, and is
sna gFep p6da fE n the afe future r
in the land Questions of political econ
| omy are being discussed by appeals to
appeals to reason and patriotism. What
the next century has in store for our
children and our ehildren's children we
ever, if this Republic is to endure, if the
present social fabric is not to be dis
solved, If we. are not to have repetition
of the experiences of France first revo-
lutionary disorder, and. secondly, despot-
ism, it will be, because the bar of the
country has again proved its power as a
customed to looking at matters from the
sense.
1--WE, also appreciate the proposition that
the plant is nourished from its roots
and that the social organism has its roots
buried in the past, and that it cannot be
u
without destruction. Common sense has
always been the saving grace of the
American people heretofore. 1t was a
tionary ancestors. They were not the
victims of crotchets or fanciful theories.
They were not guided by fanatics nor
headed. cool, calculating, brave, self self
sacrificing men. The American Bar must
be in the future as it has been in the
past, the teacher of conservatism and of
American common sense" (Cheers
Mr.. Charles L. Corbin, one of New
Jerseys Post erudite lawyers, came next
and his tbast was. Judicial legislation
with this sly rider by Mr.. Grouse: "Liti-
gious terms, fat contentious and flowing
| fees" The speech was intensely inter-
esting from legal point and Mr.. Cor
bin cleverly made the dry matter lumi-
| nous and even humorous. He began by
citing the common sources of new law
and created burst of laughter when he
quickly observed that one of its sources
| was the Legislature, in which no man
w4o ever hoped to make a name for
himself ever omitted passing a game or
fish law. Then he said came the muni-
cipal source of new law, which, he
said, amid shouts of laughter, OCCASION
ally passed an act for the removal of
one lamp post Inspector for the substi-
tuition of another at double the term and
twice the salary.
Then there is the boss,'' said Mr..
Corbina with a gravity which convulsed
his arMience, ''who controls municipal
pdtIOild6c, tic CISdTluS mousse Tor poodle.
| (Great laughter.) Talk of biennial ses-
sions! What do you want with any ses-
sions at all when you have good healthy
boss? (Renewed laughter) Then there
is the law which newspapers are fond
of making, and the law made in courts
although the Judges don't admit that
| Qaughter.)
'"The courts" continued Mr. Corbirl
make the most law, just as the Roman
Emperors did in their DEGREES APPLYING
| first to individual cases what ultimately
| became general principle; which was
| the safest way after all? These degrees
| both then and now, are made after hear
| ing both sides and listening to experts
and they are not dictated by bosses. Then
| the Courts opinion is subject to amend
ment If the law was sustained today
| as some would have it, witcheraft would
| be permitted"
| Mr.. Corbin then turned to the Depart
| ment of Equity which, he said, was built
up by. judicial legislation. 1t was, he
| said, the growing branch, but was re-
| tarded by other courts. The Supreme
| Court today is not the power 1t was twen-
| ty years ago, for the reason that the
remedies granted by the Chancery Court
were superior. The practice now is, Mr.
| Corbin said, to carry leases into the
| Chancery Court, where the remedies are
| adapted to the particular case. In the
| law courts that was different
| palladium of trial by jury, but we get
away from it as often as we can
| daughter and appiause.P
Corporations, Mr. Corbin continuing
| said, s'had made rapid growth in New
n1 yve i,,<r %S1o