The Morris County chronicle., 1909-09-07

divided iii opinion, may be decided by
the votes of those who have never
studied the law and who do not pro-
fess to know what the law is. 1t may
be doubted whether in this age the
highest court of any state here or in
Europe has in this regard such con-
stitutiOn. Moreover, a court of six
teen is too numerous. The supreme
court of the United States contains
only nine judges, that of the populous
state of New York only seven. The
highest court of the other states con-
tains. as a rule, from three to five. But
the chief objection to the court as at
present constituted is that 1t cannot
give proper consideration to the cases
that come before it. The lay judges
are neither expected nor paid to give
their whole time to its work. The
chancellor has his own work to do in
the court of chancery, and the justices
Of the supreme court, although they
have given up sitting at the circuits,
still have a great deal OF business to
dispose of in the supreme court, where
they sit together, or, as 1t Is termed.
in banc. Not only is the court many
months in arrears, but it is physical
impossibility for its members to give
to important appeals that thorough ex-
animation which they ought to receive
A Remedial Measure.
The proposed amendment remedies
other defects in our present system.
Courts of law and equity are constitu-
tionally distinct Neither can, even; by
act of legislature, constitutionally ex-
ercise the powers and functions OF the
other. The consequence is that If
suitor brings his case in the wrong
court he may, after a long and ex-
pensive litigation, be dismissed from
that court only to begin again in an
other. The present amendment cures
this defect. Then, again, as conse-
quence of this complete separation OF
law and equity, man may be obliged
to carry on two suits in two separate
courts at the same time in order to get
all the relief that he requires. The
amendment cures this too. The whole
controversy, once assigned to the ap-
ipropriate division or judge. is decided;
in an its phases by that division or
judge. M6 gsg 4a ,f,fa..
Furthermore, under the new system
there will be but single appeal. a
wealthy litigant will no longer be able
to exhaust the resources of his adyer-.
sary by taking first san appeal to the
supreme or prerogative court and then
to the court Of errors. Hissease will
be quickly decided, after a single APP
peal, by court that every one recog-
nizes as competent finally to pass upon
1t. al sxs i.M sNlRei
Gs Trial by Jury intact.
Much criticism is often and with JUS
tice directed against the abuse of de-
Gliding a case on mere technicalities,
Against this the amendment is care
ful to provides 1t is ssequally careful to /,
provide that the right of trial by jury !
shall remain intaet.l 1t is expressly
declared that in passing upon appeals,
the right of trial by jury shall ,bel
saved s5t 7@s azt 4 ir ,@s II elni
The scheme has the additional rec
ommendation that it is. by reason Of
it's greater simplicity, less expensive
in operation. I'D
From this short review it is apparent
that the proposed Law. is characterized
by simplicity economy and efficiency.
If thoroughly understood, as Governor
Fort has well said, there would not be
d voter in the state who would wish
to vote against it.
FREDERIC w. STEVENS.