The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1909-07-28
JUDGE SWAYzE
FAv0RS REFORM.
.
Already Effective In Most Of
:. the States.
THE CHANGES CONTEMPLATED.


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s "e''''nen'9 " .he e'"'e eoio.''"
.ioh was eeiiNerea pelore the we"
Jersey Bar association at Its last meet
ing In Atlantic CITY by Justice FRANCIS
). swayZe OF the supreme court:
one OF the most desirable things t.
De accomplished Is to lessen the eVi
OF the laws delay. The law ought Il
be certain, cheap. expeditions. In mos
OF the arairs OF life 1t Is certain. Mel
transact their business and hold thell
property with comparatively little It'll
CATION because they know the rule OF
law which governs their conduct. Oh
the millions of promissory notes giver
In this country every year. of the mil
lions OF sales of goods and ebattels III
large and small amounts, of the mil
Lions of other everyday transactions
deeds, mortgages, chattel mortgages
very few lead to a lawsuit, and such
lawsuits as arise are more often due
to disputes about the facts than to
any difference in the rule OF law which
governs. The titles to land are for
the most part settled, and we travel
the highways with little fear of as
sault or robbery because the law is
settled and the whole force of the
state backs II up. Such troubles as
arise are due to the new questions
which come up in society which is
becoming more and more complicated
and to slips in mere procedure.
It is important that these questions
should be settled MS speedily as nos
sible and settled upon their real mer-
its, hampered as little as possible by
techicalitles OF mere procedure. These
technicalities of procedure arose cen
turtles ago md are the product of legal
notions quite different from those we
hold today. Experience has proved
that reform is needed, and reform has
come In England and In nearly all OF
the states in this country except oui
own, 1t Is therefore worth while tc
SEQ what provision has been made IL
the proposed amendments for more
simple and expeditions procedure ant
the abolition OF unnecessary appeals
which add to the expense of litigation
ana give an undue advantage to tn,
htigant who has the longest purse
The provisions which are likely to eff
feet this result are contained In sec
tion Of the third amendment The,
make possible reform similar to tina
adopted In England In 1875, tn,
results OF which We're thus describe,
In 1887 by an eminent English judge:
Every amendment can be made a
all times ana all stages In any record
pleading or proceeding that Is requisit,
Tor the purpose OF deciding the rea
matter In controversy. 1t may be as
serted without fear OF contradiction
tnat IL Is not possible In the year 1888
ior an honest iitigant In her majesty:
supreme court TO be defeated by any
mere technicality, any slip, any mis-
taken step In his litigation"
Inc proposed changes are as follows
section o. paragraph l, of the thirt
amendment gives the appeals division
or the supreme court ~ the appellate
jurisdiction heretofore possessed by
the court or errors and appeals, 60 thu
Ju1isuie'ioh heretofore possessed by
.ne supreme court on writ OF error, G.
ne yuiis"'e.ioh heretofore possessed by
.ne pie'osa.iNe court ana by the ordi
," ' on appea'' W sueh iurther appel
.a's 'ui ,su',''oi us may DC conferred
s,".,. " NV 'o' such original 1uris
49,. 49," 40 n,s pe inciueht TO the com