The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1909-09-01
SEPTEM Der !, 1909
VICE CHANCELLOR
ON AMENDMENT
Present System No Longer Ad-
ministers Jersey Justice.
new FORM WILL Be REMEDIAL

Specialization the Order Of the Day.
New Measure Provides Against De-
Gliding on Mere Technicaiitiss-lt
Will Be Less Expensive In Operation
and Vastly More Efficient.
The present judicial system was well
suited to the needs of community
chiefly agricultural, such as we were
at the time Of It's adoption, sixty-fiye
years ago. 1t has not been changed
since that time. We have outgrown
it. 1t is no longer the effective means
Of administering Jersey justice that it
once was Modelled after the old Eng
fish 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
INFLATED by a commission of lawyers
and laymen, is the result of painstak-
ing effort. Criticism of the plan as orig
inally 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 II. II preserves what is valuable
In the old: ii discards what is cum
bersome and antiquated This will mp
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--relies of n bygonc 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
courts=the supreme court Ga misno=
mer). the court of chancery, the pre-
rogative 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 dvi-
sions, II court truly supreme
inferior Courts IL Necessary.
These two courts are to be the only
constitutional courts The legislature
is, however, authorized to establish
iiiNiioi iphilS IL tutA SIluli Dt Ipullu
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
plieity and effectiveness. Its simple
ity cannot be questioned. Its effective
Will "a IittIn
ton
There Is to be nj least one county
court for each county. In the smaller
counties one will suffice; In the larger 3
there Will he as many as the legisla
lure decides 10 he necessary
The supreme court will consist of
three divisions the common law, the
equity aud the appellate. The justices
assigned To the common law division
will, rs of old try jury eases. They
have almost ceased to do so now. Ii
may be said without fear of contra
d'ction that II WIS this feature of our
present system which for so many
years gayc to New Jersey It's pre-emi-
nent position in the dlspensation of
fearless and impartial justice In the
courts of first instance. The best
Judges sat at the circuits. They were
able 10 Ito So until within the last ten
ar fifteen years. Now their duties In
the supreme court and in the court
IF errors and appeals require their UNI
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
oi the supreme court The new sys-
TEN will in this respect take us back
10 the old order Of things. The SUI
premc 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
ease win he able to bring it on before
II supreme court judge.
Specialization the Rule.
The equity division viii do the work
OF the present chancellor and vice
chancellors 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. IL 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 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 one
branch of the law will necessarily
work more quickly and satisfactorily.
He will know more about the law Of
that branch, will decide more prompt
~, will make fewer mistakes and will
thus diminish the necessity for and
cost of appeal. The equity judge tries
cases without jury; hence there is a
considerable practical convenience In
separating such cases from those that
are tried with jury. Because he has
4 panel Of jurymen 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
pressing and important.
The appellate division. composed Of |
seven judges, to be selected by the
governor from out Of the entire court,
Is a very important part Of the general