The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1909-08-11
LEGAL REFORM
IN new JERSEY.
Not Political, but For tho Wei
fare Of All.
HOW STATE WILL PROFIT.

Judge Charles c. Black of the Circuit
Court Makes 1t Clear That the Com
monwealth Will Be a Distinct Gamer
by the change-A Greater Amount
Of Business Can Be Transacted With
out Increase Of Judges.
Judge Charles G. Black Of the circuit
court, who was the Democratic candi-
date for governor of the state in 1904,
has made the following clear and
forceful statement OF the advantages
to the people which will be brought
about by the adoption OF the pending
court amendments:
| have been asked to give concise
statement of the proposed constltu.
tionai amendments affecting the judi.
eial system OF the state. to be voted
upon by the people on Sept. ii next.
As these proposed amendments are
not II political issue, such state
ment can he made for publication
without violating that unwrltten and
good old time honorcd principle oh.
served in New Jersey, that judges
should refrain from participating in
the turmoil of political discussion.
What the judicial Amendments Propose
They propose that 1.-THE judicial
power shall be vested in a court for
the trial OF impeaehments n supreme
court, county courts and such other
courts inferior to the supreme court
~ "a a Ia 4 haI hu Ia which
inferior courts the legislature may
alter or abolish as the public good
shall require
The supreme court shall be organ
lied in three divisions namely, the
appeals division, presided over by
presiding justice. styled chief jus
tice," and the chancery division, pre-
sided over by presiding justice, who
shall be styled the chancellor"
The appeals division shall consist OF
the chief justice and six other justices
to be assigned by the governor. The
remaining justices shall be assigned
by the supreme court to the law or
chanccry division, as the business of
the court may require.
The appellate division shall have and
exercise the appellate jurisdiction and
such original jurisdiction MS may be
incident to the complete determination
Of any cause on review.
The law division shall exercise the
Jurisdiction heretofore possessed by
the supreme court aud the circuit
courts In accordance with rules of
practice and procedure prescribed by
statute In the absence of statute by
the supreme court.
The chancery division shall exercise
the Jurisdiction heretofore possessed
by the court Of chancery and the chan
cellor in accordance with rules OF prac-
tlce and procedure prescribed by stat
ute or in the absence of statute by the
supreme court. but the justices of this
division shall be under such control
and supervision by the chancellor as
shall he provided by the supreme
court.
The supreme court may provide by
rule for the transfer of any cause or
issues from the law division to the
chaneery division, or from the chan
Gerry division TO the law division Of
the supreme court, or from the county
courts to the law division or the chan
Gerry division Of the supreme court. and
for the giving of complete legal and
equitable relief In any cause In the
court or division where II may he
pending
The chancellor and the chief justice
Of the supreme court and the vice
chanccllors and the associate justices
Of the supreme court In office when
these amendments take effect shall be
justices OF the supreme court until
the expiration of their respective
terms.
To those familiar with the judicial
system Of the state II is clear that IL
these amendments are adopted by the
people they will abolish long list of
existing courts-viz court OF errors
and appeals. the supreme court the
prerogative court. the court of chan
Gerry, the circuit court, the common
pleas court, the court of oyer and ter
miner and the quarter sessions and
substitute In their places n supreme
court composed of three divisions. with
appellant, common law and chancery
jurisdiction. the same as now exists In
the several courts abolished and coun.
ty courts.
A common law suit or a suit to be
tried by n Jury. then as now, may be
brought either In the supreme court
tried ut the county seat with Jury
or In the county court The procedure
shall be in accordance With the rules
of practice and procedure prescribed
by statute as now or, IN the absence
Of statute, by the supreme court-a
most important provision for the
prompt and effective disposition OF lit
igation because the court itself is the
best qualified expert body TO regulate
the mere formal procedure of law
suit. developed by actual experience as
observed in the trial OF cases. This Is
modelled after the present English sys.
tenn
What Viii the State Gain7
First.-Tfe reasonable certainty as
to jurisdiction by the court of the pro-
posed litigation. which now is confused
and uncertain In considerable class
of litigated cases, sometimes requiring
q protracted litigation to ascertain
whether the litigant Ii In the righs
court before the real controversy over
the subject matter of lawsuit IL
actually commenced.
eecond.-A greater elasticity and
6exibility in the formal procedure. The
unwary and inexperienced cannot be
70 easily checkmated. The court it.
self will have the power to prescribe
the practice and procedure in the abb
ysnse Of statute.
Third K Greater simplicity.