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

from chat court an appeal may be TAX
en- to the court of errors and appeals
which sits at Trenton. y
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 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 litlgant7 II
lessons his litigation, decreases his ex,
pense and the necessity of employment
of counsel.
Under the present system wealthy
adversary who is entirely In the wrong
by expensive appeals can prevent a
kQOOL OAL pun llllSduL 1IOll
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 chancel-
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
10 the court of errors and appeals and
decided.
1.-THE estate Of the deceased Is kept
unsettled for months and sometimes
FOR years and large percentage of its
assets frittered away in needless liti-
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 change?
"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 ap-
peal all the evidence taken in the Grim
inal court must be reprinted. The
cause is argued after a long delay at
the bar of the supreme court From
this courts decision yet another ap-
peal may be taken to the court of err
rors and appeals.
"In the course of events the court
of appeals ultimately decides the case,
and if the proceedings of the lower
court are affirmed the criminal, after
months and, to our disgrace, be it
said, in some cases years of freedom,
eventually suffers the punishment he
deserves. The taxpayers money is
frittercd away and the administration
of the criminal law brought into the
contempt and under the reproach of
thoughtful citizens. Under the pro-
posed change the criminal shall have
only one appeal Is not this in the
interest of the citizens of this state?
under the present system the high
est court in the state, outside of the
court of Impeachment, is the court of
errors and appeals, consisting of the
chancellor, the chief justice of the SUI
preme court the associated justices
Of the supreme court and six lay
judges especially appointed by the gov
ernor.
"Of the supreme court I have al
ready spoken and will simply say in
addition that the judges of this court
are the presiding judges of all county
courts. whether they exercise civil
or criminal jurisdiction.
"The court of chancery is composed
of the chancellor and seven vice chan
cellors. The entire court when con-
vened sits at Trenton, but the most of
the business of the court is transacted
by the various vice chancellors sitting
in Camden, Trenton, Newark and Jer-
sey City, who try cases without juries.