The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1909-08-03
JUDGE SWAYzE
| FAvORS REFORM.
Already Effective IN Most Of
the States.
THE CHANGES CONTEMPLATED.

The Learned Justice of the Supreme
Court Gives In Detail the Various
Proposed Notifications of the Exist
ing Laws-An Effort to Make Law
Certain, Cheap and Expeditions.
The following address on the pend
ing amendments to the state constitu-
ton was delivered before the New
Jersey Bar association at it's last meet
ing in Atlantic City by Justice Francis
J. Swayze of the supreme court:
One of the most desirable things to
be accomplished is to lessen the evil
of the laws delay. The law ought to
be certain, cheap, expeditions In most
of the affairs of life it is certain. Men
transact their business and hold their
property with comparatively little liti-
CATION because they know the rule of
law which governs their conduct OF
the millions of promissory notes given
in this country every year, of the mil
lions of sales of goods and chattels in
large and small amounts, of the mil
lions of other everyday transactions
deeds, mortgages, chattel mortgages
very few lead to lawsuit, and such
lawsuits as arise are more often due
to disputes about the facts than to
any difference in the rule of law which
governs. The titles to land are for
the most part settled, and we travel
the highways with little fear of as
Bault or robbery because the law is
settled and the whole force of the
state backs it up. Such troubles as
arise are due to the new questions
(which come up in a society which is
becoming more and more complicated
and to slips in mere procedure.
It is important that these questions
should be settled as speedily as pos
sible and settled upon their real mer-
fits. hampered as little as possible by
fechicalities of mere procedure. These
technicalities of procedure arose cen
furies ago and are the product of legal
notions quite different from those we
hold today. Experience has proved
that reform is needed, and reform has
come in England and in nearly all of
the states in this country except our
own. 1t is therefore worth while to
see what provision has been made in
the proposed amendments for more
simple and expeditions procedure and
the abolition of unnecessary appeals
which add to the expense of litigation
and give an undue advantage to the
sss:tigapt who has the longest purse
The provisions which are likely to eff
feet this result are contained in Sec
ton 5 Of the third amendment. They
make possible reform similar to that
adopted in England in 1875, the
results of which We're thus described
IN 1887 by an eminent English Judge:
Every amendment can be made at
all times and all stages in any record,
pleading or proceeding that is requisite
for the purpose of deciding the real
matter in controversy. 1t may be as
serted without fear of contradiction
that 1t is not possible in the year 1887
for an honest litigant in her majesty's
supreme court to be defeated by any
mere technicality, any slip, any mis-
taken step in his litigation
The proposed changes are as follows:
Section ., paragraph l, of the third
amendment gives the appeals division
or the supreme court ~ the appellate
jurisdiction heretofore possessed by
the court of errors and appeals ~ the
jurisdiction heretofore possessed by
the supreme court on writ of error IN
the jurisdiction heretofore possessed by
the prerogative court and by the ordi-
nary on appeal, "a such further appel
late jurisdiction as may be conferred
upon 1t by law, % such original iuris-
diction as may be incident to the com
plete determination of any cause on
review, saving, however, the right OF
trial by jury.
This language is necessarily tech
nical and requires explanation.
~ The first change is change only
IN the number of judges who will act
and in the name of the court. At pres
ent sixteen judges may sit; the num-
Der is less only when some of the
Judges have already expressed an opin-
aon in the cause or when some are
absent. Under the proposed change
seven only will sit, and as these seven
viii sit only as court of appeal none
Will be disqualified by reason of hav-
ing already given an opinion in the
case, certainly after the system Is in
full operation; temporarily some may
be disqualified, and in case the an
peals division is selected from the
judges already-in office, as seems prob
able 12 Fhisadoes away with a dou-
BILE appeal. AT present litigant who
is dissatisfied with decision in the
circuit court on the trial may appeal
first to the supreme court and il he
loses there may again appeal to the
court of errors and appeals. This adj
vantage Of double appeal is resorted
20 at present for the most part by
defendants In personal injury cases.
who desire to wear out the patience of
tfAsir aoversaries, and by convicted
criminals, who are enabled by the
double appeal now, allowed to postpone
the imprisonment to which they have
been sentenced or in certain capital
cases to postpone the day of execu-
tiOn. In fact this double appeal is
now seldom resorted to except by de-
Gendants in criminal cases. In civil
cases most litigants prefer to appeal
direct to the court of errors and an
DeaIs. The amendment allows only
Dne appeal.
CS) AT present in cases involving the
4. - - "A At, u .ax~s-