N.J. Constitutional Convention: Vol. 4, Page 46

the Chancery Division shall be "subject to the provisions hereof." What are they?

(Reads paragraphs 4, 6, 7, and 8)1 See pages 39 and 40.

MR. HENRY W. PETERSON: May I interrupt a moment?

MR. McCARTER: Yes, sir.

MR. PETERSON: As a layman, you will pardon my question, but where do you quote that law and equity shall be fully determined in one action?

MR. McCARTER: Paragraph 8 of Article IV.

MR. DIXON: May I ask a question too, please? I am a layman also. I take it that your thesis here is based on the fact that at the present time we have some ten Vice-Chancellors. What you are trying to do is set up a constitutional provision based on what has been for a hundred years the experience of these men.

MR. McCARTER: Yes. We have men of great ability who act as judges. Will they not be better judges, able to take a broader view of the questions that come before them, whatever they may be; will they not in time gain a better experience and be abler men in law and Chancery? Today certain cases go into Chancery Court and certain cases go into the law courts. There is a very wide, broad no-man's land between the courts, and disagreement as to whether cases go into the law courts or Chancery. Now, I wonder if we had those combined, so that one judge sat in all kinds of cases, whether the judge would give better service to the public, to the litigants, and to the State; if he is broad enough to take these cases, will he gain, not a narrower experience, but a broader experience by handling all these cases?

That is what you might call the New York system and of other states nearby, with which we are familiar. I have never talked to a New York lawyer who didn't say he wished that their judges stayed in equity or in law, instead of shifting from one to the other, month after month.

VICE-CHAIRMAN: There has never been a case in history where they have ever gone back to a separate court where they have combined, has there?

MR. McCARTER: I don't know of any having gone back.

VICE-CHAIRMAN: I'd like to interrupt here. In the federal system they do exactly what you say; in New York they don't.

COMMITTEE MEMBER: They have a different system, but as I get your question, it is identical with what happens today in the federal court. What I would like to ask Mr. McCarter is, do they have a different system?

MR. McCARTER: There is the system used on the continent of Europe, and that demonstrates the value of having specialists.

Previous Page in Book ********* Table of Contents *********** Next Page in Book