The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-03-31
PASSES
BILL CHANGING
STATE COURTS
Reorganization of the Judiciary
Means That Proceedings Will
Be Greatly Simplifed.
PROM a star corresnonaent.l

TRENTON. March s1.-The concur
rent resolution providing for an amend
ment TO the constitution to reorganize
the State judiciary has been passed in
the House OH third reading. The
amendment offered last week by Demo-
cratic Leader Sullivan, which would
have Ia the effect of making present
Circuit Court judges members of the
Supreme Court. was expunged without
objection.
The constitutional amendment, if
adopted, will give New Jersey a simple
judicial system. Where now there are
four superior courts-Supreme, Chan
Gerry, Prerogative and Court of Errors
and A~ppeals-it is provided that there
shall be one supreme court, working in
three sections, the law division, the
chancery division and the appeals divi-
sion
The law division will have the pow
ers of the present Supreme Court, ex-
cept its powers OF writ of error.
The chancery division will have tho
powers of the Court of Chancery and
of the Prerogative Court except the APP
pellate powers of the latter.
The appeals division will have the
powers of the Court of Errors and APP
peals and will also hear all the cases
which now go to the Supreme Court on
writ of error and to the Prerogatiye
Court OF appeal.
Changes Board of Pard0ns.
The Board of Pardons will consist of
the Governor and four citizens appoint
ed by him with the consent of the SEN
ate instead OF being composed of the
Governor. Chancellor, chief justice and
two citizens.
Circuit Court judges on the bench will
remain in office only until the expira-
ton of their terms. II is probable, how
ever, as suggested by the commission
that devised the proposed system, that
the volume of business in the county
courts viii cadse the Legislature to in
crease the number of county court
judges, and that some of the Circuit
Court judges upon the expiration of
their terms will be appointed to the
county bench.
Each county in the State now has
five courts--Quarter Sessions, Oyer and
Terminer, Common Pleas, Orphans
Court and Circuit Court. The amend
ments provide for one county court to
have the powers of all five. With one
county court conflict of jurisdiction
will be prevented.
Proceedings Simplifcd.
Proceedings will likewise be simpli-
fed in the higher courts. The litlsant
who now seeks redress in chancery,
when he should have sued at law, has
his case dismissed with costs. U1der
the new system the case may be trans
ferred to the division to which it be-
longs. The Supreme Court al relieve
against accidental violation of it's ow
rules,
In the county courts If ~equs-aDio
rights appear now in the case those
courts have no power TO enforce them.
The sutton must begin anew in chan
Gerry. Under the reorganization a case
may be transferred from the County
Court to the Chancery Court.
Evolutionary titles will be retained,
The chief justice will preside in the ap
peals division. The chancellor will pre-
side in the chancery division. The pre-
siding justice In the law division will
be styled president justice.
Justices Of the peace will cease to e
constitutional officers, but will continue
as statutory officers.