The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1909-08-17

Court Makes II Clear That the Com
nnonwealth Will BE Distinct Gamer
by the change-A Greater Amount
of Business Can Be Transacted With
cut 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
f0rceful statement of the advantages
to the people which will be brought
about by the adoption of the pending
court amendments:
I have been asked to give a concise
statement Of the proposed constitu-
tional amendments affecting the judi
cial system Of the state, to be voted
upon by the people on Sept. IA next.
AS these proposed amendments are
not a political issue, such state
ment can be made for publication
without violating that unwritten and
good old time honored principle OBJ
served in New Jersey, that judges
should refrain from participating in
the turmoil of political discussion.
What the judicial Amendments Propose
They propose that "the judicial
power shall be vested in a court for
the trial of impeachments, 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"
The supreme court shall be organ
lied in three divisions namely, the
appeals division, presided over by
presiding justice, styled a "chief jus
tfoe," and the chanoery division, pre-
sided over by presiding justice. whe
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
chancery division, as the business of
the court may require.
The appellate division shall have and
exercise the appellate jurisdiction and
such original Jurisdiction as 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 and 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-
tice 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 be 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
chancery 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 it may be
pending.
The chancellor and the chief justice
of the supreme court and the vice
chancellors 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 1t is clear that II
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 a 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 jury, then as now, may be
brought either In the supreme court
tried at the county seat with a 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
igatfon because the court itself is the
best qualified expert body to regulate
the mere formal procedure of q law
suit, developed by actual experience as
observed in the trial Of cases. This Is
modelled after the present English sys-
tenn.
Whist VIII the State Gsin7
First.-The reasonable certainty as
to Jurisdiction by the court Of the pro
posed litigation, which now is confused
and uncertain in a considerable class
of ntigated cases, sometimes requiring
protracted litigation to ascertain
whether the ntigant is in the right
court before the real controversy over
the subject matter of lawsuit is
actually commenced.
Second.-A greater elasticity and
fexibility In the formal procedure. The
unwary and inexperienced cannot be
SO easily checkmated The court it.
self will have the power to prescribe
the practice and procedure in the alb
sense of statute.
Third.-Greater simplicity.
Fourth.-Preventing unnecessary de-
lays ON appeal. One appeal only from
the trial court; now there may be two
in a large class of cases In which the
litigants of moderate means FREEDOM
mate. one by writ of error of the SUI
preme court and then a second ap-
peal by writ of error to the court of
errors and appeals. So two appeals
may be had in some cases from the
orphans court.
Fifth.-A greater volume Of business
can be transacted by the same number
Of judges than is now possible. This
VIII be true especially in the appel
late court, and in those parts OF the
state where the trial work is longest
ed the judges can be readily adjusted
to business.
Sixth.-The sweeping away Of many
of the meaningless cobwebs which