The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1903-08-21


7 The lawyers Immediately commenc-
ed to bring all their suits in the Cir
cult Court, and the " ork of the Court
Of Quarter Sessions and Court Of
/ Common Pleas was confined mainly
to hearing appeals from justices Of
the peace in ordinary civil cases and
in bastardy cases.
Following the Common Pleas down
to the new constitution of 1874. the
Judges OF that Court were specially
appointed to it, instead of its being
composed of justices of the peace,
and the number was fixed first at
five, and afterwards at three, and
finally reduced to one judge. who is
a lawyer.
Coming to the probate jurisdiction :
Originally the jurisdiction Of the pro-
bate of wills and of settling accounts,
and the like, was exclusively in the
/ Ordinary, or Surrogate General, who
was the same individual as the Gov
ernor and Chancellor.
In the early part Of the last cen
fury, the Orphans Court of each
County was established and was
composed of the same Judges that
composed the Quarter Sessions and
Common Pleas. aided by Surrogate,
and is now held by the County
Judge.
| think the improvement in the
County Courts, from being COMPOSED
OF Justices OF the Peace assent. ed to
make the Quarter Sessions and the
Common Pleas and Orphans Court,
up to the present system, is an adj
mirable example of gradual improve
ment, prompted by the action Of the
| bar.
The next court | will mention is
the Supreme Court, composed at first
of three judges. who had jurisd iction
of all matters Of law, including the
great prerogative writs of certiorari,
quo warranto mandamus and prohi-
bition and also appellate jurisdiction
by writ OF error from the Common
Pleas and afterwards from the Cir
cult Courts, and also supervisory
power by certiorari over all inferior
Jurisdictions. That juris diction has
remained unimpaired. and it is to be
hoped it will never be impaired or
the constitution OF the Court altered.
The work of the Judges has been in
creased by the natural increase of
business, until now nine Judges are
required and the work OF the Circuits
/ has become so great that three as
sistants called Circuit Judges have
been provided for and appointed, and
fourth is at this time needed, and
/ "a -, Il : l.
| say this because it is notorious
that, in their earnest attempt to per-
/ form all the various duties cast upon
them, the Supreme Court Judges in
those counties where there is no Cir
cult Court Judge. have OF late bee n
unable TO try all the cases on their
lists.
The next Court will mention is
the Court of Chancery, composed OF
the Chancellor who was, before 1874,
also the Governor. He had, and has,
the ordinary jurisdiction of the
Chancellor OF Eng gland and the pre-
cedents Of that Court were his pre-
cedents.
The business of the Court of
Chancery increased from time to
time, so much that thirty-two years
ago the Vice -Chancellor's Court was
established This. | am justified in
saying, was also an idea of the bar.
Tine original act was drawn by a
lawyer. almost the sane. word for
word, as it was finally passed, and
was handed to Chancellor Zabriskie,
who took measures to have it adop-
ted by the Legislature. The business
of the Court of Chancery has increas-
ed SO much that at the present time the
Chancellor and six Vice Chancellors
are over-crowded with work.
None of the junior members of the
bar can properly appreciate the great
revolution that took place in the
practical working of the Court of
Chancery when the element of trial
by witnesses examined in the pres
ence OF the Judge was introduced by
that act. Previous to that all the
evidence was taken before a Master
and reduced to writing by his hand
tedious and expensive process, and
withal unsatisfactory. 1t involved
the taking of great deal of irrele-
want evidence, to say nothing of the
inability of the Court to Judge of the
credibility of witnesses without see
ing them face to face.
The next Court to be mentioned is
the Court of Errors and Appeals,
which was originally composed OF
the Governor, who was Chancellor
under the old constitution, and his
Council, elected one by each county,
and occupying the same position and
doing the same work that senators
do at this time. That Court heard
writs of error from the Supreme
Court and also appeals from the
Chancellor.
The members of the Council were
not necessarily or ordinarily lawyers,
and on appeal from the Chancellor
did not have the necessary assistance
of any person learned in the law
The Court, as everybody knows,
worked badly. 1t wrote no opinions,
gave no reasons for its judgments, and
it is notorious that the members Of the
4 Council were subject, in their judg-
mnts, to the same outside influences
that Senators are now subject to in
matter OF legislation. 1t required a
constitutional convention to alter
that court, and it was finally accom-
plished in IS44 and the present
Court of Errors and Appeals was
organized
AT that time the Court held
four sessions in year, and
were usually able to dispose OF all
the business in one or two weeks.
There were only half dozen or
Whereabouts writs OF error and APP
/ peals at each term. The nnnulation