The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1903-08-21
MIR. PITNEY'S
ADDRESS
Delivered Before the Morris
County Bar Association at
Last Regular Meeting.
ON PROPOSED AMENDMENTS.

j IdkC lllio opportunity ~ th0tR
you for the honor you have conferred
on me by again electing me as your
President.
The object of this special meeting
is, as you have been informed, to
confer upon and consider the pfo-
posed constitutional amendments
which are shortly to be submitted to
the popular vote, and | shall assume
that you are willing to hear from me
some suggestions on that topic.
1t is the duty of the lawyers COM
posing the bar of the State to look
after and care for the proper con-
struction and organization of the
machinery OF justice in the State.
The ordinary citizen has not the ca
pacity to do this. He may take an
interest in it he may feel dissatis-
fled with the present working of the
administration Of justice. but he
lacks the technical knowledge that
will enable him to improve it.
This duty on the part Of the bar OF
this State has always been perform
ed, and think with entire satisfac-
ton. Let us spend a few moments
in looking up the history and de-
velopment of the judicial machinery
OF the State.
The Courts OF this State, as they
existed at the time Of the adoption
of the Constitution Of I77o, may be
stated as follows
First. The Courts held by Justices
OF the Peace, had jurisdiction not
only as committing magistrates Of
crimes, but also civil jurisdiction up
to 500, in actions not involving the
title to lands, excepting actions for
SANDER and replevin, and the like.
That jurisdiction was enlarged in
1918 to 500 Starting fifty years age,
and going back to the time OF the
Revolution think it is true that the
greater portion of all the litigation in
ordinary civil actions was had in the
Justices Courts. That jurisdiction
has now been increased to $780, and
to more than that III the cities, where
it is vested in what are called District
Courts, presided over by lawyers !;
and in many instances the ordinary
Justices Coults are also presided
over by lawyers. Here we have
great and decided improvement.
The next Court to be mentioned
is the Court Of Quarter Sessions and
Common Pleas. The Court of
Quarter Sessions had, and believe
still has, jurisdiction III all criminal
cases. 1t could and can swear in the
Grand Jury and receive all ipdict-
ments found; but it could not try
indictments for what are called
capital crimes.
In civil actions the same Judges
who formed the Quarter Sessions
originally, and up to 1874, formed
the Court of Common Pleas, which
had original jurisdiction in all civil
actions except those involving the
title to land.
That Court was composed OF the
Justices of the Peace of the County
sitting together. and the number
was limited only by the number of
the Justices of the Peace in the
county, and that depended upon
the Judgment and fancy of the
Governor, who, up to 1874. appoint
ed them.
Not all the Justices usually appeared
1T OllC LllllO at LliS oNoolOHo OOGadoC
they had no salary or per diem. but
ived, so to speak, on their fees; and
the fees which were earned from
hour to hour were divided by the
Judges sittit on the bench at that
moment; so that the greater the
number of the Justices who attend
ed the less pay they got. The re-
suit was that the Court WIS held by
few Judges who lived near the
court house, and who could afford to
attend for the fees which they re-
ceived This arrangement worked
well enough in criminal matters; but
in civil matters its defects were
manifest Persons who had suits
coming on in the Common Pleas
would drum up Justices Of the Peace
in their neighborhood who, they
would suppose, were their friends,
and induce them to attend the Court.
The principal litigation in sums
involving over 800. was had in these
Courts of Common Pleas; and. as
litigation increased it became a
serious matter If a contest arose
in which title to land was involved,
NhC quiz must w plOuStil III LllC
Supreme Court and the Justices of
that Court came down to try the
cases at the Circuit only twice year.
This situation became so intoler-
able that in the year 1887 movement
TO amend it was started among the
lawyers, In those days all the Lead
ing members Of the bar met at
Trenton at each term of the Supreme
Court, and stayed there through the
term, and there existed a Lawyers
Association. That association made
up, by annual contribution, a fund
from which the nucleus OF our great
state library was created They
bought all the great English reports
and located them in a room in the
State House; and these were finally
turned over to the State when provi-
sion was made by the legislature for
the State Library.
These lawyers adopted at Trenton
in 1887 the following plan OF side
tracking the Court OF Common Pleas.
which ! should have said was com
posed entirely Of iay-men. They re-
solved, without regard to party poll
tics, that as manv as practicable
should at the next election, quietly
manage to be nominated and elected
to the Assembly. This plan was car
red out, with tie result that the ses-
sion of 1888 contained an unusual
number Of lawyers, who Immediately
introduced and carried through. what
was called, the Circuit Court Ac.,"
which erected the Circuit Court Of
each county. to be held by judge Of
the Supreme Court, That Circuit