Evening journal., 1919-03-24
SUGGEST CHANGES
IN STATE COURTS
Legislature to be Asked to
Abolish the Chancery
Tribunal
MUST AMEND TIE
CONSTITUTION

Reorganization Of what Is styled by
some 1.-The antlquated Judicial system
OF Delaware" Is proposed in a measure
which is expected 10 be introduced In
the Legislature at Dover today. The
measure. even II adopted will have no
effect upon the court system this year.
Il docs propose, however, an amend
ment TO the State constitution, 10 be
voted upon by the Legislature. two
years hence, such as will enirely re-
vamp the process OF jurisprudence IN
the State as now practlced.
The primary objects are reduction in
the time now required TO carry an ap-
peal to the higher judiciary and the cost
Of making such an appeal. IL Is charged
the latter is highly excessive.
Under the State constitution amend
ment is made by adoption Of proposed
changes by two successive Legislatures.
This means that If the charges which viii
be asked tomorrow are granted, the
question is merely put up to the Legis-
lature two years hence for final action.
The scheme Of reorganization as out
lined for the Legislature includes, sue
emily, the following radical changesi
A clean cut and independent Supreme
Court.
Abolition Of the Court Of Chancery,
and the transferring Of Us jurisdiction
and powers to the equity side Of the SUI
per.or Courts.
Abolition Of the Court Of Oyer and
Terminer, the Court OF General Sessions,
and the Orphans Court, and the trans
ferring Of the jurisd ction and powers
Of those Courts 10 the Superior Courts.
a Superior Court for New Castle
County OF az least two Judges, and said
Judges 10 hold separate Court at all
times, except when for urgent reasons
the two Judges should sit together.
a Superior Court for Kent County Of
one Judge.
A Superior Court for Sussex County
Of one Judge.
Holding Of monthly sessions, az least,
Of said Superior Courts, the months Of
July and August excepted.
Holding Of six sessions, az least, Of the
Supreme Court.
The right Of appeal from any Court in
all Gases, regardless Of the sentence OF
the Court, viz; the amount of fine, or
term Of imprisonment, or both.
The granting 10 the General Assembly
the power to'confer upon inferior courts,
by Il created or already created iuris-
diction as TO misdemeanors, and those
felonies in which the fine cannot exceed
Ave hpdred dollars lS5000Ol, and the
imprisonment cannot exceed one year,
or both, with the same right OF appeal
in all cases.
Changes Backed by the Bar.
The changes proposed have virtually
the unanimous backing Of the New
Castle County Bar Association and the
acquiescense Of the bar associations OF
both Kent and Sussex counties.
Abolition Of the Court OF Chancery, il
is argued, is only ia line with action
taken by England, forty years ago and
! that taken by practically every State in
the Union, excepting New Jersey and
Delaware. Equity practice, It is pointed
out, very largely is carried in the
regular channels Of the courts, the JUS
tices sitting as equity judges. No speci-
fic court in chancery is required.
As to reorganization of the Supreme
bench, the proposed plan would add one
more Justice to the States judicial stan.
The Superior Court judges will hold the
Orphans Court and, Courts Of general.
session, also the NOW almost obsolete
court of { yer and Terminer.
a point TO be emphasized is that an
almost entirely new Judiciary will be
named by the next succeeding Governor
in 1921 as nearly al those now holding
judicial posts viii retire in June OF the
year namCl.
The measure providing for the reform
was drafted by committee Of the New
Castle bar, consisting Of Caleb r lay
ton and Phillip r. Garrett, but with the
assistance Of other members Of the as.
sociation. Among the latter is Robert
G. Harman. 4