The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1909-08-31

4 ksSh9NAA
Of errors and appeals, the supreme
court and the court Of chancery VIII
| be abolished. In their places Wit he
simply one court. to be called the su-
preme court, consisting of twenty-one
judges. There will be no chancellor or
vice chancellors.
"The supreme court will be divided
into three divisions, to each OF which
seven judges will be assigned. One
division will be called the appeals divi-
sion, which will take the place OF the
present court of appeals; another divi-
!! sion will be the law division and an
other will be the chancery division.
eAny one judge of the supreme court
may hold the supreme court or the
court of chancery in any county in this
state, bringing the court directly to
the door Of the litigant. Each judge
will exercise the power now exercised
BY Judge Of the supreme court and
by a vice chancellor.
"This is most important and desir-
able feature, because at present, II 1t
be found that suit which is being
tried in one Of the law courts involves
and depends upon an equity question,
the law court, no matter how far the
trial of the cause has progressed be-
fore it or how much expense has been
incurred, must stop its trial and the
cause must be dismissed in the law
court and instituted in the equity court
that is, the court of chancery-before
vice chancellor.
sUnder the proposed change this
cannot possibly happen, because, IN
stead of having law court and an
equity or chancery court and court
Of errors ard appeals, the supreme
court judge, being not My such judge,
but clothed with the powers of the
present chancellor, may transfer the
cause to the proper division OF the
court when it is discovered that by
mistake it had been brought before
him as law or supreme court judge.
"Any one desiring to appeal from a
decision of the supreme court judge
sitting in county, whether he be try
ing law or an equity case, may have
only one appeal and that to the APP
meals division. He will be put to one
expense Of printing, to one argument
of the appeal, and it will be argued
before judges who have not sat or
participated in the trial of the cause
in the court below. This is decidedly
in the interest of expedition and of
economy.
"From the decision of any county
Judge, whether it be in a law case,
criminal case or an orphans court
case. there will be but one appeal, and
that directly to the appeals division.
"The circuit courts will be abolished
81 have endeavored to carefully but
briefly analyze the present and the
proposed system and do not see how
1t is possible for any intelligent,
thoughtful person to conclude other
than that this proposed change is ex-
tremely desirable and In the interest
of unfortunate litigants with meritori-
Gus causes. To my mind the people
of this state would make very great
mistake and do themselves incalcu-
liable injury by voting against the pro-
posed changes.
sin their interests and theirs alone
/ do most earnestly advise that they
listen to the voice of reason and not
that of the demagogue and secure a
judicial system simple in its formation,
quick in its results-a system devised
Bolely in the interests of litigants and
which, firmly believe, will in coming
years be regarded as one of the very
best in existence"