Perth Amboy evening news., 1905-11-20


preme court should be abolished.
The new system proposed is as fol-
lows:
A supreme court consisting of a
chief justice and Is assistant justices
appointed by the governor, by and
with the advice and consent of the
senate, should be divided into three
divisions, the members of each to be
designated and selected by the COVER
nor.
Court of Last Resort.
The first division, to consist of five
of the said judges, to constitute a
court of errors and appeals, in the
last resort. These judges during the
time they are in office, shall sit only
in that court, the legislature to have
the power to increase its number to
seven; appellate division shall have
all the power and jurisdiction OF the
present court of errors and appeals.
Law Division.
The second division shall consist
of seven of said judges, to be called
the law division, the presiding judge
of that division to be called the chief
Judge; that division to have all the
power and jurisdiction which the SUI
preme court now exercises.
Chancery Division.
The third division shall be called
the chancery division and shall con-
sist of the remaining sever judges.
The presiding officer to be called the
chancellor of the division. The
chancery division shall have all the
power and jurisdiction of the pres
ent court of chancery, and the pro-
Irogative court.
The law procedure and practice
and the equity proceeding and prac-
tice shall be retained substantially as
they now are, with the right which
the legislature now has to modify
them.
In order to prevent unnecessary ex-
pense and delay the legislature
should have power to pass laws for
the speedy transfer of a cause from
the law division to the equity divis-
ion and from the equity division to
the law division, when the case is
started in the wrong court. This will
prevent expense and delay, which
now almost amount to a denial of
justice in some cases.
Schedule.
The present judges of the supreme
court to be retained in Office until the
terms for which they have been APP
pointed shall expire. The chancellor
and present vice chancellor to be APP
pointed judges of the supreme court
and to hold the Office until the eXpir-
alton of the terms for which they
were appointed vice c~hancellors.
County Courts.
There shall be a county court in
each county, excepting first class
counties, which may have two such
courts. The county court shall have
all the powers and jurisdiction now
exercised by the orphans court, the
common pleas, the over and termin-
er and the county circuit court. These
judges are to be appointed by the
governor with the advice and consent
OF the senate.
Issues in civil cases out of the SUI
preme court and capital cases shall
be tried by a judge of the law divis-
ion of the supreme court in the coun-
ty court.
Independent Court.
The plan provides for an absolute
ly Independent court of errors and
appeals, which can sit so long as the
business requires, whereby delay in
the final decision of cases will be
available.
The judge appointed.under the sys-
TEN will be prohibited from practis-
ing law in any of the courts of the
state. AT present six of the judges
of the county courts may and do prac-
tice law in the courts.
The proposed system preserves both
the law and equity jurisdiction to be
exercised separately as it is now ex-
ercised, with the well understood
procedure now used in the law courts
and in the cl lncs ~ court. There is
no substantial change either in prac-
tise or 3edure.
The g.. oct 6 the new system is to
expedite and simplify the administra-
ton of Justice, and at the same time
to retain equity jurisdiction to be ex-
ercised by the chancery division ana
law jurisdiction to be exercised by
the law division. This leaves both