The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-12-05
CHANCERY DELAY
Objections to the Long Time
Taken to Decide
Cases.
LAWYERS CRITICISMS
Condition Growing Worse
How They Would Rem
edy the Trouble.

Considerable complaint Is heard from
lawyers and litigants in the Court Of
Chancery, says the Newark Sunday
.sCali,,, over the delay experienced in
the decision of cases in that court. 1t is
said that many cases, some Of them of
little consequence. and involving no inn
portant question of law, are allowed to
drag along for two years or more without
being decided.
A correspondent in the New Jersey
Law Journal usually a conservative
organ on all matters pertaining to the
practice of the courts has written a COM
munication which is printed in the latest
issue. He says
Sir:-I beg leave through the columns of
the Law Journal to call attention to the
fact that there is much complaint and
dissatisfaction at the delay attending the
decision of questions and causes in the
Court of Chancery, so much so, as to call
for a serious inquiry into the cause and a
speedy remedy. If the Guilty judges are
overloaded with work that fact ought to
be called to the attention of the Legisla-
ture, and the numbe Of Vice Chancellors
increased. An analysis Of the unfinished
work before that court will readily tell
Tic ~ltCdS u liz
of this article has several ordinary cases
that nave been argued and awaiting a de-
cision for a very long time, without any
good cause for the delay, 50 far as | am
able to see: one, a fact case, involving a
considerable sum of money, which a jury
would have to decide in a few hours, at
the longest, has been waiting upwards Of
two years for a decision, to the great dis
satisfaction of the parties concerned; and
for this delay the attorneys and the court
| alike are d~iscredited in the eyes Of the
parties.
In some of the Western States, there are
constitutional and statutory provisions re-
curing the determination Of a case WITHIN
a fixed time from its final submission 1t
has often been said, by high authority IN
matters of Jurisprudence, that undue de-
lay il the administration Of justice IS
| equivalent to a denial of it. How a jul
| dicial officer can lay one case on the shelf
| and pass on to the consideration of others
no Of more Importance, and leave it to lie
and mold without a consideration or de-
termination for years. and justify himself
in that course of conduct is not easily un-
derstood. The Court of Errors, nova
days, disposes of all cases before it with
commendable dispatch, each one in its
turn. as a rule, and unless for good
cause, and no complaint is made of UNI
usual delays in the Supreme Court; the
cases argued at one term are usually de-
cided at the next.
When the act was passed providing for
the appointment of additional Vice Chan
cellors it was intended to accelerate the
business in hat court. No fault was
found with the competency or faithfulness
Of the equity judges. but the bar and liti-
giants want speedier decisions or a change
IN the procedure or system.
A reporter asked the views of a number
of leading members of the Essex County
Bar ON points made in the communication
above given, and all declared that the
complaint was well founded. Cases that
should be decided Immediately are laid
aside for the purpose of hearing argu-
ment on other cases, some of them, per-
haps, very important. In consequence, a
whole batch Of small cases are shelved
n are allowed to remain shelved for
one, two and sometimes three years.
The number of Vice Chanceilors was in
creased a few years ago, but the situa-
ton has not been improved in the least.
The recent illness of Chancellor McGill
has interfered somewhat with the bus1-
ness of the court, but it is not recent
/ delays, but those Of long standing which
form the basis OF present complaints.
The practice is for the Chancellor. when
he is busy, and when ne is requested so to
do, to designate a Vice Chancellor TO near
a case. The Chancellor himself is a very
busy man. He is not only the head of
the Court of Chancery, but is a MEMBER
of the Court of Pardons. His time Is fully
occupied. Two or three OF the Vice Chan
cellors also have their time fully occupied
Where there is a preference expressed LOT
any Vice Chancellor to consider a case the
/ Chancellor tries to grant the request, ana
in making a reference he e~ndeaVors ALSO
to consider the particular qualification OF
a Vice Chancellor to pass upoE the case.
This practice also has a tendency 70 m
crease the business OF certain vice Chan-
~cellors, while others have less 70 40.
When asked the remedy, the general
opinion was that 10 provide for additional
Vice Chancellors again would not nelp
things except temporarily one lawyer
said the court ought to be stirred UP IN
the newspapers-that might improve mat
tiers for the time being. He said that
there was no excuse for the long decays
Al Vice Chancellor will hear a case and,
instead of deciding it Immediately as he
might, lays it aside TO hear another case.
This process IS continued, perhaps, some
specially important public case comes up
IN the meantime which must be disposed Of
duickly. In the course OF a year there IS
a whole batch of little cases awaiting de-
cision, and when the Vice Chancellor
takes them up again he must go owe the
whole case, from beginning to end, in or
der to get a proper understanding OF 1t.
This makes double work for him and
takes up much of his valuable time.
Al former Vice Chancellor is quoted as
saying that If he should resume work in
the Court of Chancery he would decide
the bulk of the cases that comes into the
court off hand and without writing an
I opinion. He aid that he was certain such
a course would operate as satisfactorily
for Htigants as the present practice. SO far
as the melting cut Of justice is concerned,
and it would result beHeficially in the mat
ter of time both to the litigant and to the
court. OF course, a written opinion might
be necessary in some. cases. and it could
be filed later at the convenience of the
Vice Chancellor.