N.J. Constitutional Convention: Vol. 4, Page 261
below the General Court there will be an Appellate Division; a Law Division, presided over by a Chief Judge and a number of Associate Judges, to be fixed by law; and a Chancery Division, composed of the Chancellor and a number of Vice-Chancellors, to be fixed by law.
I want to make it clear that the Chancery Division is part of the General Court for the purpose of avoiding the jurisdictional problems which arise - and which, incidentally, were pointed out in a case last week in the Advance Reports, and which you may have read; the case of Weber v L. G. Trucking Company, where the bill had been dismissed by Vice-Chancellor Bigelow on the ground that there was lack of proof, and the case was sent back by the Court of Errors and Appeals because they said it was a legal question and should have been started in the law court, as it involved an easement and title to real estate - and we are trying to keep intact, trying to preserve as much as we can the existing Chancery system, because we think that over all it has functioned well. We think that it has built up an enviable reputation among the courts of this nation for our equity jurisprudence. We feel that the men who sit as Vice-Chancellors and as Chancellor in that Division continuously will turn out a better brand of equity jurisprudence than if we follow what they are doing in the federal system, where they hear admiralty cases one day, civil cases the next day, criminal cases the next day, and so on. We feel that the field of law is so vast that no judge or justice, regardless of his ability, can adequately understand it, because there is an entirely different type of treatment in the problems on a trial and the problems on an appeal, as you all know. I am just saying this for the benefit of the laymen of the Committee. If you are a trial judge or a Vice-Chancellor, you are sitting there hearing witnesses. You have to make snap decisions. You have to rule on evidence. You have to be a judge of human nature and character and the veracity of witnesses, and all that sort of thing. When you are in the appeal court, you have a library. You can deliberate. You have the briefs before you. You can hear the oral arguments. You don't have to rule immediately. You can exhaust the subject.
VICE-CHAIRMAN: Ruling on principles has nothing to do with the credibility of witnesses. Those are principles of law and equity. Those are things that appeal courts are for.
MR. LASHER: Mr. Jacobs, I am merely answering your question. You said that they could do it in the Court of Errors and Appeals but that they could not do it in the court down below. I mean, that's the question I am answering.
VICE-CHAIRMAN: All right. Suppose we go on to the next question. I don't know whether you see any more difference at the
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