The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1909-08-25
JUDGE HEISLEY
ON AMENDMENT
/.
GIves His Reasons For Desir.
Ing Revision Of Existing Law.
DEFECTIVE IN MANY WAYS.
The Present Methods Lack Efficiency,
Expedition and Economy-Justiee
Should Be Made as inexpensive as
Possible and Should Not Be Made
Burdensonne by Long Delay.

Possible and Should Not Be Made
Burdensore by Long Delay.
Hon. Wilbur A. Heisley, circuit court
Judge, has authorized the committee
Of the State Bar association to publish
the following statement of his opinion
Of the pending judiciary amendments.
The Office of Judge Heisley will be
abolished at the expiration of his term
should the amendments be adopted.
At present he is one of the circuit
court judges, holding that court In
Essex county.
In stating his opinion in the form OF
an interview he said:
Il am in favor Of them and want
to see them passed despite the fact
that l would be affected by such an
outcome of the election. But that
would be a little sacrifice, to my mind,
IL the judicial system of the state
could be perfected in the manner in
tended. And every citizen of the
state should be educated up to point
where he can differentiate between the
disadvantages to the poor man In the
present court system and the advan-
tages OF that embraced in the amend
ments.
ITO my mind" stated Judge Hels-
ley, IA good judiciary system must
include at least three features-name
ly. efficiency, expedition and economy
efficiency in this, that the judges
should be possessed OF integrity of
character, deep learning of the law
and II judicial temperament; 1t should
be expeditions 10 that the litigation
will be ended-reach Its ultimate con
clusion on appeal-as quickly as pos
sible. The laws delays are proverbial,
and the poor litigant with good cause
should not be tired out with appeals
which are almost endless under the
present system at the hands of a rich
and spiteful adversary
ut should be economical. Justice
should be made as inexpensive rs pos
sible because the poor and oppressed
are entitled to its protecting care equal
ly with the opulent. II Is obvious that
no judicial system will be perfect,
without any flaw, and whether the
proposed change should be made is
not to depend upon its providing a
perfect system. IL the proposed sys-
TEN is better than the present system
It should be adopted. To my mind,
speaking purely In the interest of the
litigant. not of the legal profession,
the proposed changes are most desir-
able
''ln order to give the layman true
comprehension of the situation let me
its defects and then the proposed sys-
tenn.
AT present we have In every coun-
~ what are known as county courts.
They and the supreme court, which
sits at Trenton. exercise what Is called
the law jurisdiction while the court
Of chancery exercises what is known
as the equity jurisdiction Every suit
Is either n law case or an equity case.
"Under the present system If an ac-
ton is brought In the county courts.
which, OF course, would be law ac-
ton, an appeal may he taken from the
court where it is tried to the supreme
court ut Trenton. The evidence taken
In the cause In the county court Is re-
quired to be written out and printed In
book form Tor the use OF the supreme
court
In the course or time the case Is
argued before the supreme court, but
Its determination Is not final, because
from that court an appeal may be tax
Ell to the court of errors and appeals,
which sits ut Trenton.
IF there have been many witnesses
produced in the county court the ex-
pense of printing the evidence In some
causes is absolutely prohibitive.
know OF many cases where litigants
have been beaten in the lower courts
when they have felt they had Just
cause of action, but have been unable
to defend an appeal to the supreme
court and court of errors because Of
the great expense.
1.-The proposed amendments provide
that there shall be only one appeal
from the county court to the court of
last resort. Can 1t be said that this is
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