The Morris County chronicle., 1909-09-07
REASONS FOR
AMENDMENT.
Chancellor Stevens Says
Present System No Longer
Administers Justice.
NEW FORM WILL BE REMEDIAL

| The present judicial system was well
suited to the needs of a community
| chiefly agricultural, such as we were
at the time of it's adoption, sixty-five
years ago. 1t has not been changed
since that time We have outgrown
| it. 1t is no longer the effective means
of administering Jersey justice that it
once was. Modelled after the old Eng
lish system that took its rise in the
middle ages, it has survived here after
1t has been done away with in Eng
land. The proposed amendment, for
mulated by commission of lawyers
and laymen, is the result of painstak
ing effort. Criticism of the plan as orig
| inally prepared by them was invited,
suggestions were made by those of
our citizens who took an interest in
the subject, and these suggestions, as
| far as valuable, have been incorporat-
| ed in it. 1t preserves what is valuable
in the old; it discards what is cum
bersome and antiquated. This will ap-
pear by comparison.
There are at present five county
courts-the common pleas, the circuit
/ court, the orphans court, the general
| quarter sessions and the oyer and
| terminer-relics of bygone age. For
these have been substituted one coun-
| ty court containing, generally speak.
| ing, the powers and jurisdiction of all
| of them. There are now four superior
| courts-the supreme court "a misno-
mer), the court of chancery, the pre-
| rogative court and the court of errors
and appeals in the last resort of all
causes. These have been combined into
| one supreme court having three diyi-
sions, court truly supreme. &.a {
Inferior Courts ii Necessary. 'FaI
These two courts are to be the only
constitutional courts. The legislature
| Is, however, authorized to establish
inferior courts if they shall be found
necessary, just as congress is author
| lied to establish courts inferior to the
supreme court of the United States,
which derives its being and powers
from the federal constitution. Il
The scheme is characterized by sim
plicity and effectiveness. Its simple
| ty cannot be questioned. Its effective
ness will appear on little considera-
| ton. @a'ssA VIZ
There Is to be at least one county
court for each county. In the smaller
counties one will suffice; in the larger
there Will be as many as the legisla-
ture decides to be necessary.
| The supreme court will consist of
three divisions-the common law, the
equity and the appellate. The justices
assigned to the common law division
will, as OF old, try jury cases. They
have almost ceased to do so now. 1t
may be said without fear of contra
diction that it was this feature of our
present system which for SO many
years gave to New Jersey its pre-emi-
nent position i'll the dispensation of
fearless and impartial justice in the
courts of first instance. The best
judges sat at the circuits. They were
able to do so until within the last ten
or fifteen years. Now their duties in
| the supreme court and in the, court
of errors and appeals require their un-
divided attention, and issues of fact
are tried by the circuit court judges,
who cannot speak with the authority,
experience and learning of the judges
Of the supreme court. The new sys-
tenn. viii in this respect take us back
to the old order of things. The SUI
preme court judges assigned to the
common law division, relieved from
appellate work. viii have ample time
to try jury cases, civil and criminal,
and any suitor having an important
case, will be able to bring it on before
supreme court judge.
Specialization the Rule.
The equity division will do the work
of the present chancellor and vice