Bridgeton pioneer., 1909-08-19

ferred from the fact that during the
first thirteen sessions of the court as
constituted by the constitution of 1S44,
covering period of three and quar-
ter years, the number of writs Of error
and appeals heard by that court was
forty-one, an average of about thirteen
year.
1t is plain, and so is the tradition,
that the convention of 1874 deemed 1t
inexpedient to impose upon the then
comparatively poor state the expense
Of an independent court of last resort
And in what it did it followed, in
part, the example of the then already
discredited and well nigh moribund
court Of last resort of the state of New
York, which consisted of the chancel-
lor, the judges of the supreme court
and senator from each coHnty. This
court was swept away in 1S4S.
1t is well known that for many years
and for some time after the under
signed was licensed our court of last
resort was able to hear at each term
and determine all the cases brought
before it within the two weeks set
apart for each term. The practice was
for the printed book containing all the
written pleadings and evidence to be
read aloud In open court and fully
argued-six hours on a side being al
lowed for that purpose-during which
all the authorities were brought into
court and read precisely as they do
now in England). Then the court
went into immediate conference on
each case and dispo:Ml of it at once.
-. This left time to the judges of the
supreme court to give their attention
to the business of that court and also
to the business of each county, so
that the people had the benefit of a
county court, composed of a judge Of
the supreme court, to sit-as they actu-
ally did-in all causes, criminal and
civil as we'll as those of the orphans
court.
Coming down to the present time, the
population of the state in 1905 was
2,144,000, and the number of causes
brought before the present court Of
last resort is nearly go in twelve
months, of which the court has been
able to dispose of over 200 in each
calendar year.
Judges Overworked.
Nowadays the court is unable for
the want of time to have the pleadings
and evidence and the authorities read
in open court. They are obliged to
limit counsel in time and they re-
quire printed arguments, and upon
these materials the study of cases is
done in their libraries. Between the
immense work involved in this duty
and the time required for conducting
the business of the supreme court the
time Of the judges Of the supreme
court is so thoroughly occupied that
they are unable to pay any, or, if any,
the very slightest, attention to the cir
cult court business; hence the neces-
sity of learned county judges and
learned circuit judges.
Moreover, the business Of the court
Of chancery has so increased that
seven vice chancellors, besides the
chancellor, are constantly occupied
with the business of that court.
I commenced the study of law over
sixty years ago. l practiced it indus
triously for thirty-eight years and held
Office as judge of the court of chan
Gerry for eighteen years. During all
that time l was diligent student and
observer not only of the law itself,
but, of necessity, of all those phases Of
society and business out Of which
legal disputes arise, including the diff
ferent judicial systems Of the English
speaking nations and states, and I
feel well assured that the proposed
constitutional amendments, if adopted,
will work out precisely as predicted by
the governor and those learned judges
above named, and will inure to the
bepedt of the people in both cheapen-
ing the process Of the law and render
ing its results more certain, and enable
lawyers to advise their clients as to
jprpbable results better than they are
able now to do.
I For the Public Welfare.
These changes will not work partic-
,ularly for the benefit Of the lawyers
as a class. Many of them - uncon
sciously perhaps delight, so to speak,
in the GLORIOUS uncertainty of the
law,n whether that uncertainty arises
from the vagaries of jury or of the
court But am happy to believe and
feel that the older and more expert.
enced of the lawyers and judges who
have the welfare of the country at
heart desire only the good and well
being of society without regard to the
immediate prospects of the younger
men.
The amendments have been prepared
by our ablest men and have received
!. their most careful consideration, and
their adoption will, in my Judgment,
produce no sudden jar or jolt In ju-
dicial business and will not be the
occasion of any costly litigation to
determine their meaning. They re-
ouire no statutory coditication of the