The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1909-09-07
JUDGE HEISLEY
ON AMENDMENT
Gives His Reasons For DesIr-
ing Revision Of Existing Law.
DEFECTIVE IN MANY WAYS.
The Present Methods Lack Efficiency,
Expedition and Eeonomy-Justice
Should Be Made as inexpensive as
Possible and Should Not Be Made
Burdensone bv Lone DeIav.

expedition and Economy-Justice
Should Be Made as inexpensive as
Possible and Should Not Be Made
6urdensome by Long Delay.
Hon. Wilbur A. Heisley, circuit court
judge, has authorized the committee
of the State Bar association to publish
the following statement of his opinion
of the pending judiciary amendments.
The Office of Judge Heisley will be
abolished at the expiration of his term
should the amendments be adopted.
At present he is one of the circuit
court judges, holding that court in
Essex county.
In stating his opinion In the form of
an interview he said:
81 am in favor of them and want
to see them passed despite the fact
that l would be affected by such an
outcome of the election. But that
would be little sacrifice, to my mind,
If the Judicial system of the state
could be perfected in the manner in
tended. And every citizen of the
state should be educated up to a point
where he can differentiate between the
disadvantages to the poor man In the
present court system and the advan-
tages of that embraced in the amend
ments.
ITO my mind" stated Judge Heis-
ley, "a good judiciary system must
include at least three features-name-
ly, efficiency, expedition and economy
efficiency in this, that the judges
should be possessed Of integrity Of
character, deep learning Of the law
and a judicial temperament; it should
be expeditions so that the litigation
will De ended-reach its ultimate con-
clusion on appeals quickly as pos
sible. The laws delays are proverbial,
and the poor litigant with good cause
should not be tired out with appeals
which are almost endless under the
present system at the hands Of a rich
and spiteful adversary.
'Tt should be economical. Justice
should be made as inexpensive as pos
sible because the poor and oppressed
are entitled to its protecting care equal
ly with the opulent 1t is obvious that
no Judicial system viii be perfect
without any flaw, and whether the
proposed change should be made is
not to depend upon its providing
perfect system. If the proposed sys-
tenn is better than the present system
it should be adopted. To my mind,
speaking purely In the interest OF the
litigant, not of the legal profession,
the proposed changes are most desir-
able.
"In order to give the layman a true
comprehension of the situation let me
describe first the present system and
its defects and then the proposed sys-
TEN.
"At present we have in every coun-
ty what are known as county courts.
They and the supreme court, which
sits at Trenton, exercise what Is called
the law jurisdiction while the court
of chancery exercises what is known
as the equity Jurisdiction Every suit
is either law case or an equity case
4Under the present system If an ac-
ton is brought In the county courts,
which, of course, would be law ac-
ton, an appeal may be taken from the
court where it is tried to the supreme
court at Trenton. The evidence taken
In the cause in the county court is re-
auired to be written out and printed In
book form for the use of the supreme
court.
Sin the course of time the case Is
argued before the supreme court but
fits determination is not final, because
from that court an appeal may be tax
en- to the court of errors and appeals,
which sits at Trenton
IF there have been many witnesses
produced in the county court the ex-
pense of printing the evidence In some
causes Is absolutely prohibitive.
know Of many cases where litigants
have been beaten in the lower courts
when they have felt they had a just
cause of action, but have been unable
to defend an appeal to the supreme
court and court of errors because of
the great expense.
1.-The proposed amendments provide
that there shall be only one appeal
from the county court to the court of
last resort. Can it be said that this is
not In the interest of the litigant? 1t
lessons his litigation, decreases his ex
pense and the necessity of employment
of counsel.
Under the present system a wealthy
1--we yh, 10 ont rolu in tho
by expensive appeals can prevent a
most meritorious but poor litigant from
receiving justice.
Again, wills are generally offered
for probate in the orphans court. Aft
er decision is reached by the orphans
court judge either party has the right
to appeal to the prerogative court,
which is presided over by the ehaneel-
lor AS an incident of that appeal he
must cause all the evidence offered be-
fore the orphans court to be printed.
which is often voluminous and most
expensive to print After the chancel-
lor has decided the cause an appeal
may be taken from the chancellor sit
ting as the prerogative court to the
court of errors and appeals. In the
course of time the cause is presented
to the court of errors and appeals and
decided.
THE estate of the deceased Ii keep
Unsettled for months and sometimes
for years and large percentage OF Its
assets frittered away In needless It'll
cation. Many people in this state can
bear witness to this fact.
Under the proposed system there
would be no appeal to chancellor
from the orphans court, but the cause
would go directly to the court of last
resort. Again, ask In whose interest
will be this proposed changer
"Once more: A person commits a
crime In the course Of time he is ar
raigned before the county criminal
court He may be ever so guilty and
his crime of the most heinous charac-
ter. He is convicted and should be
punished. Nevertheless he gets bail
and takes an appeal to the supreme
court. In order to effectuate this APP
peal all the evidence taken In the Grim
inal court must be reprinted. The
cause is argued after long delay at
the bar of the supreme court From
this courts decision yet another ap-
peal may be taken to the court OF er-
rors and appeals.
"In the course of events the court
Of appeals ultimately decides the case,
and IL the proceedings Of the lower
court are affirmed the criminal, after
months and, to our disgrace, be II
said, in some cases years Of freedom,
eventually suffers the punishment he
deserves. The taxpayers money Is
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