The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-06-19
TO IMPROVE JERSEY JUSTICE.
Questions for LAWYERS which state Com
missi on Has Framed.


The commission appointed by Gov.
Stokes of New Jersey to report to the next
Legislature method Of improving the
judicial system OF procedure has sent
circular letter to the members OF the bar
throughout the State requesting answers
to a series OF questions suggested by inc
proposed change.
The COMM ssioners are John W. Griggs
cx-l'nited States Attorney General and
Ex-Governor OF New Jersey; Franklin
Murphy, Ex-Governor and the only one OF
the five not a LAWYER; Bennett Van SICKLE,
ex-Supreme Court Justice; Charles l.. Cor
bin of the firm of Collins 4 Corbin, and John
r. Hardin, Mr.. Griggs's former law partner.
The questions propounded by the commits
sion are as follows:
!. Are you In IA vor OF an independent
court OF last resort. and how many judges
should this court contain2 Should this court
be constituted as an Appellate Division OF
the Supreme Court, the other division OF which
would be the law division and the Chancery
dvison1
2. Are you in favor Of uniting the Supreme
Court and the Court OF Chancery az one court.
with one set OF judges. part Of whom shall be
assigned to the law division. to hear law
cases with all tho powers now exercised by
the Supreme Court. and others to the c hancery
with az the pow ,h n nSw
and practise aud the equity procedure ana
practise being retained substantially as 1t
now exists?
The purpose Of such change being to pre-
vent Unnecessary delay and expense where
a suit Ia commenced on the law SIDE OF the
court. when il includes subject OF eau.
table Jurisdiction. and vice, versa. and TO
enable the court more readily to transfer
the to the tho
assumption that the amend ment VIII be go go
a a"" and as equity rsdq,& to Be sfsrelsed
separately with the well understood power
and procedure now applicable TO eacn court
when the action is exclusively legal or equi-
3 If such union Of courts is made IN
suits where the action or defense requires
the exercise OF both equitable and legal juris-
dction should the division Of the court In
which the suit is brought be anthorlzed 70
at tho same timer ,
For example In an action for, damages
for nuisance should an ln,unotioD9 oe alao~ wee
awerasd + II the same action by jury trial.
What change do you suggest In the
. IL nsd What hat mnp2oved can DC
sp sheud Snh ths court Of last resort have
tho same discretion and power In law cases,
which IL now mas III cases Oh equity 10 VI w.
final judgme which the court below should
have given2
The commissioners want brief replies
without argument.
The act creating the commission gives 1t
the power to investigate and report on the
following
How the system OF courts can by consti-
tutonal amend ment and BY legislation. be
better adjusted to the demands Of judicial
business. What changes In the judicial sys-
tenn can he made with advantage In order to
prevent the use of two or more legal proceed
venently settled in one. and in orde0 to min
mize DELAYS due to litigation or objections
upon points of procedure not involving the
other respects the system Of procedure can
be made more simple and certain. Whether
been successfully remeded by other States
and peoples, and II So by what means.