Unpopular government in the United StatesKales, Albert Martin
History
Unpopular government in the United States
Kales, Albert Martin
United States -- Politics and government
[35] The following extract from the letter of Mr. Charles H.
Hartshorne, of Jersey City, N.J., to the author dated November 4, 1912,
explains the plan of administering the chancery jurisdiction in New
Jersey: “The constitution of New Jersey provides that ‘The Court of
Chancery shall consist of a Chancellor.’ The Chancellor is appointed
by the Governor with the approval of the Senate, for a term of seven
years. He is usually reappointed, though it is an open question whether
this office is an exception to the custom that judicial officers of the
superior courts shall be reappointed, regardless of their political
affiliations, so long as they are capable of giving efficient service.
That custom has resulted in our having upon the Bench of the higher
courts, judges who have served for very long periods--twenty-five years
and upwards.
“A number of years ago, the work of the Court of Chancery having
become too great for one judge to dispose of, a statute authorized the
appointment by the Chancellor alone (without confirmation by any other
authority) of a Vice-Chancellor, as assistant. By further statutes, the
number of these was increased to seven. The Court now consists of a
Chancellor and seven Vice-Chancellors, who sit separately in different
parts of the State. The Vice-Chancellors are appointed for seven-year
terms. That Bench is generally regarded as the strongest in the State
and has given entire satisfaction to the Bar and to the public.
“The Vice-Chancellors hear interlocutory motions in nearly all cases
under a standing rule of the Court, but they conduct trials and final
hearings only upon an order of reference from the Chancellor. After
trial they write the opinion of the Court, which is usually reported,
and advise the decree, which is then signed by the Chancellor. No
appeal lies from their decree to the Chancellor, but all such decrees
may be appealed directly to the Court of Errors and Appeals.
“Theoretically, the Vice-Chancellors are merely referees who report and
advise the Chancellor, the decree being made by him upon their report.
In actual practice however, they are members of the Court of Chancery,
in fact (but not in form) making the final decree of that Court.
“The system has worked very satisfactorily in respect to the character
and attainments of the members of that Bench, but the work of the Court
in populous cities is a good deal in arrear. This is due to the volume
of business having outgrown the number of Vice-Chancellors.”
[36] Illinois Constitution 1870, Art. VI, sec. 30.
[37] Massachusetts Constitution, chap. iii, Art. I; 38 and 39 Vict.,
Ch. 77 (Jud. Act 1875), sec. 5.
CHAPTER XVIII
CHANGES IN THE PLAN OF THE FEDERAL GOVERNMENT
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account