The Penn's Grove record., 1909-09-03

New Measure Provides Against De-
Gliding on Mere TechnieaIities-lt
Will Be Less Expensive In Operation
and Vastly More Efficient.
The present judicial system was well
suited to the needs Of a community
chiefly agricultural, such al we were
at the time Of its adoption, sixty-fve
years e It has not been changed
since that time. We have outgrown
1t. 1t is no longer the effective
of administering Jersey Justice that 1t
once was. Modelled after the old Eng
lish system that took its rise in the
middle ages, 1t has survived here after
1t has been done away with In Eng
land. The proposed amendment, for
mulated by a commission Of lawyers
and laymen, is the result Of painstak-
ing effort. Criticism of the plan as orig
tnally prepared by them was invited,
suggestions were made by those of
our citizens who took an interest In
the subject, and these suggestions, as
far as valuable, have been incorporat-
ed In 1t. 1t preserves what Is valuable
In the old; it discards what Is cum
bersome and antiquated. This will ap-
pear by a comparison.
There are at present FIVE county
courts-the common pleas, the circuit
court, the orphans court, the general
quarter sessions and the oyer and
terminer-relics Of a bygone age. For
these have been substituted one coun-
ty court containing, generally speak
ing, the powers and Jurisdiction Of all
Of them. There are now four superior
c~ourts-the supreme court Ia misno-
mer), the court Of c%hancery, the pre-
rogat1ve court and the court of errors
and appeals In the last resort of all
causes. These have been combined into
one supreme court having three divi-
sions, a court truly supreme.
Inferior Courts if Necessary.
These two courts are to be the only
constitutional courts. The legislature
Is. however, authorized to establish
inferior courts If they shall be found
necessary, just as congress Is author
lied to establish courts Inferior to the
supreme court of the United States,
which derives Its being and powers
from the federal constitution.
The scheme is characterized by SIM
2licity and effectiveness. Its simple
fy cannot be questioned. Its effective
ness will appear on a little considera-
| ton.
There is to be at least n county
court for each county. In the smaller
counties one will suffice; In the larger
there will be as many as the legisla-
ture decides to be necessary.
The supreme court will consist Of
three d~ivisions-the common law, the
equity and the appellate. The justices
assigned to the common law division
will, as Of old, try jury cases. They
have almost ceased to do so now. It
may be said without fear Of contra
diction that it was this feature of our
present system which for so many
| years gave to New Jersey its pre-emt
nent position in the dispensatien Of
fearless and impartial justice in the
courts Of first instance. The best
judges sat at the circuits. They were
able to do SO until within the last ten
or fifteen years. Now their duties In
the supreme court and In the court
Of errors and appeals require their un-
divided attention, and issues of fact
are tried by the circuit court judges,
who cannot speak with the authority,
experience and learning of the judges
Of the supreme court. The new sys-
tenn will in this respect take us back
to the old order Of things. The SUI
preme court judges assigned to the
common law division, relieved from
appellate work, will have ample time
to try jury cases, civil and criminal,
and any sutton having an important
case will be able to bring it on before
a supreme court Judge.
Specialization the Rule.
The equity division will do the work
Of the present chancellor and vice
c%hancellors. These judges do not now
| sit in the court of errors and appeals,
and they have therefore been able to
devote themselves exclusively to the
trial Of causes. In many Of the states
law and equity cases come before the
same judge. Our subdivision of labor
is preferable and up to date. 1t makes
experts in two great but distinct
branches of our jurisprudence. There
are a few lawyers who think that the
same judge should try all questions
connected with either branch. They
forget that such a vast and complicat-
ed body of law as necessarily arises
out of our complicated civilization can
not be mastered by a single mind.
| Specialization is the order of the day.
AS well might one say that special
lists in medicine, In engineering, in
the arts and sciences, is unnecessary
and that we should go back to the old
time general practitioner. The judge
who habitually applies himself to II
branch of the law will necessarily
work more quickly Inc satisfactorily.
He will know more about the law of
that branch, will decide more prompt
iy, will make fewer mistakes and will
thus diminish the necessity for and
cost of appeal. The equity judge tries
cases without a jury; hence there is a
considerable practical convenience in
separating such cases from those that
are tried with a jury. Because he has
a panel Of 1urymen on his hands, main
tanned at large expense to the county,
the Judge compelled to try both classes
OF cases will ALMOST necessarily give
The preference to Jury cases, although
the equity cases may be the more
.ssssinG n imndrtapt