Five Mile Beach weekly journal., 1909-08-13


The judicial power shall be vested In a
court for the trial of impeachments, a
Supreme Court, County Courts, and such
other courts, inferior to the Supreme
Court, as may be established by law,
which inferior courts the Legislature may
alter or abolish as the public good shall
require.
Strike out all of Sections II, ". v, VI
and VII of Article VI, change the number
of Section III of Article VI to Section II.
and insert the following sections in Ar
ticle vi:
SECTION III.
Any judge of any of the courts of the
State may be removed for disability CON
tinuing for one year., or for refusal to
perform the duties of his office. by a vote
of two-thirds of all the members of the
Senate and of two-thirds of all the mem
bers of the House of Assembly voting
separately, after a hearing before both
Houses in joint session.
SECTION w.
1. The Supreme Court shall be organ
ICED in three divisions, namely, the APP
peals Division, the Law Division and the
Chancery Division. 1t shall consist of a
Presiding Justice of the Appeals Division
who shall be styled the Chief Justice, a
Presiding Justice of the Law Division,
who shall be styled the President Justice.
and a Presiding Justice of the Chancery
Division, who shall be styled the Chan
cellor, and eighteen Associate Justices.
which number may be increased by law
2. The Appeals Division shall consist OF
the Chief Justice, and six other Justices
of the Supreme Court to be assigned by
the Governor. A Justice of the Supreme
Court assigned by the Governor to the
Appeals Division shall serve In said divi-
sion until the end of his term.
The remaining justices shall be assign
ed by the Supreme Court to the Law or
Chancery Division, as the business of
the Court may require.
8. Whenever the number of causes be-
fore the Appeals Division shall be so
great that the Division cannot promptly
hear and determine them, the Governor
shall, when authorized by statute, tenn
porarly assign five of the justices of the
other divisions to sit in the Appeals Divi-
sion, which shall thereupon sit in two
divisions for the hearing and decision OF
causes pending at the time of such as
signment.
A. -Four justices shall be necessary to
constitute a quorum on the final hearing
of any cause In the Appeals Division, but
the Supreme Court may provide by rule
for the making of interlocutory orders by
a lesser number of justices or by one
Justice; such orders to be subject to re-
vision by the Appeals Division.
On the hearing of a cause in the APP
peals Division, no justice who has given
a Juulcldl opinion III the cause IN FAVOR
of or against the judgment, order or de-
cree under review shall sit at the hearing
to review such judgment, order or de-
cree. but the reasons for such opinion
shall be assigned to the Court in writing.
5. A majority of all the members Of
the Supreme Court. to be presided over
by the Chief Justice, shall constitute p
quorum for the assignment of justices.
and for the appointment of officers, and
the enactment of rules.
6. The Supreme Court shall appoint one
or more reporters. not exceeding three, to
report the decisions of the Court, and
shall by rule define his or their duties
and powers. The reporters shall hold
Office for five years, subject, however, to
removal at the discretion of the Court.
SECTION ".
1. The Appeals Division shall have and
exercise the appellate jurisdiction hereto
fore possessed by the Court of Errors
and Appeals, tho Jurisdiction heretofore
possessed by the Supreme Court on writ
of error. and the jurisdiction heretofore
possessed by the Prerogative Court on
appeal, and by the Ordinary on appeal,
and such further appellate Jurisdiction as
may be conferred upon 1t by law, togeth-
~ with such original Jurisdiction as may
be Incident to the complete determination