N.J. Constitutional Convention: Vol. 4, Page 278
serving the county courts, in which would be all the jurisdiction of all the present county courts, except the Circuit Court. That, of course, goes to the Law Division.
As the last witness said, I think there is, particularly among the rural areas and in the county from which I come, a unanimous sentiment for preserving the county courts as a separate entity, on a lower level than the superior courts, the Supreme Court.
VICE-CHAIRMAN: Wouldn't the same results be accomplished if a judge of the general court were assigned to sit there for a time?
MR. ECKMAN: Well, of course, as the last witness said - something about home rule, but there are also heard, particularly in rural counties, a lot of small matters which, it seems to me, should not occupy the time of a Supreme Court Justice. You should have one or more county judges.
VICE-CHAIRMAN: Of course, there is the argument that you may have a better brand of justice throughout the State, if you have higher type justices than you are likely to get from the rural counties.
MR. ECKMAN: Personally, my experience has been that the counties have been pretty well served by our county judges.
The plan calls for judicial power vested in a court for the trial of impeachments, a Supreme Court, County Courts, and such other courts, inferior to the Supreme Court, as may be established by law, which inferior courts the Legislature may alter or abolish as the public good shall require. This plan has an outline for practical procedure before a court of impeachment, and there is little need to have anything further said about that.
The plan would have the Chief Justice presiding over the Appeals Division with the six other Justices of the Supreme Court, to be assigned by the Governor, and then they can serve in that position until the end of the term. The remaining Justices, whatever number might be created at the outset by the proposed Constitution, would be assigned by the Supreme Court to the Law and Chancery Divisions, as may be required; and there is provision in the plan for the assigning of Justices from the other Divisions to the Appeals Division, if the appellate load is too great for that court to handle.
The plan outlines in some detail the proposed jurisdiction of the three divisions, and for the provision by rule for the transfer of causes or issues from the Law Division to the Chancery Division, or vice versa, and for the definite, complete, regular and actual relief of any cause in the court or division where it may be pending. What the preceding witness said about that, of course, I am not sure about.
This plan, of course, was submitted to the people in 1909 and failed of passage, but it seems to me to be equally applicable to pre-
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