The Jersey City news., 1906-05-02

be assigned by the law or chancery di-
vision as the business Of the court may
require.
One Of the said justices shall be desig-
mated to preside in the law division, and
shall be styled the president justice. and
one of the said justices shall be desig-
mated to preside in the chancery division,
and shall be styled the chancellor.
The law division will have the power
and jurisdiction Of the present supreme
court not conferred upon the appeals di-
vision, with the procedure Of the present
supreme court.
The chancery division will have the
power and jurisdiction now exercised by
the court of chancery and the preroga-
tive court, excepting such appellate pow
er as is conferred on the appeals diyi-
sion
The practice and procedure now per-
tanning to the court Of chancery will be
retained in the chancery division.
The chief justice and associate justices
Of the supreme court and the chancellor
and vice chancellors in office when the
amendment takes effect will be justices
of the supreme court until the expiration
of their respectiye terms
If the appeals division is without
quorum in any case by reason Of the dis
ability of one or more of its members, a
justice of the supreme court from one of
the other divisions may be required to sit
in the appeals division temporarily until
the case is disposed Of
The mandment abolishes the present
court of chancery, the prerogatiye court,
the court of pardons as now constituted,
the circuit court, the oyer and terminer,
the quarter sessions, the special sessions,
the orphans court and common pleas.
All other jurisdiction or authority now
vested in any court, judge or magistrate
shall continue to be exercised by such
court, Judge or magistrate until the legis-
iature shall otherwise provide.
The office of justice Of the peace shall
continue as statutory office and the jus
tees in office when this amendment takes
effect shall retain their offices until their
successors are chosen.
The amendment provides for the ap-
pointment by the governor, with the ad-
vice and consent Of the senates Of one
Judge of the county court in each county
and such additional judges as may be
authorized by law.
The judges of the common pleas in Of
fee when this amendment takes effect
shall be judges of the county courts until
the expiration of the terms for which
they We're appointed.
Until otherwise provided by law, the
jurisdiction now exercised by the courts
of common pleas, orphans court, court
of oyer and terminer and courts of quar-
ter sessions or by the judges thereof
shall be exercised by the county courts
The amendment also provides that the
justices of the several divisions of the
z,,,no,,,o oc,,,.+ and also county iudoeS
shall not practice law during their term
of office.
The members of the commission be-
lieve that with this judicial system the
business of the courts can be promptly
and satisfactorily disposed of for years
to come, but they realize that the poula
ton of the State is growing rapidly, and
that in the course of two or three de-
cades the business may become congest-
ed in the appeals division.
In view of that contingency the
amendment provides, in accordance with
a similar feature in the judicial system
of other States, that the Legislature shall
have power to authorize the Governor to
select from the justices of the Supreme
Court, sitting in the law and chancery
divisions, five justices to hold temporarily
a second division of the appeals division
until the court is relieved of the pressure
of its business.
This will for long time render unnec-
essary further amendment to the consti-
tuition in this respect.
We desire to call attention particularly
to the fact that the amendment submit
ted is a singular amendment, an entirety,
and that when it is submitted to the pop
ular vote it must be wholly adopted or
wholly rejected, the vote must be simply
for the amendment or against it.
The rejection of part Of it would leave
no practical harmonious judicial system,
FLORIDA AND CAROLINA RE-