N.J. Constitutional Convention: Vol. 4, Page 713


J. Seymour Montgomery, Jr. Attorney at Law First National Bank Building Princeton, New Jersey 

June 23, 1947
 Chairman, Judicial Committee New Jersey State Constitutional Convention Rutgers University New Brunswick, New Jersey Re: Unified Court of Original Jurisdiction

Dear Sir:

May I respectfully urge you and your Committee to favor the creation by the new Constitution of a unified court of original jurisdiction. There is no need for me to add to the valuable work that has been done on this subject by the State Bar Association and the Essex County Bar Association and possible others. Also, the New Jersey Law Journal has been in the forefront in publishing material on the subject, particularly in their issues of May 8th, 15th and 22nd and June 5th and 12th.

I would like, however, to say a word with respect to the article by Mr. Semel published in the New Jersey Law News of June 1, 1947. Mr. Semel's two main points seem to be that litigation will not be expedited by the change and that the merger of the equity and law courts would reflect adversely upon the powers and prerogatives of the former. It seems to me that the answer to Mr. Semel's first point as to expediting litigation is that while expedition is desirable, more important is that litigants should not be altogether denied relief or justice in deserving cases, as would certainly appear to be the result under the present system, in cases such as those referred to in the editorial in the New Jersey Law Journal commencing on page one of the issue of May 15th. It seems to be criticism enough in itself that under the present system the results there described could occur. As to Mr. Semel's second point, powers and prerogatives are not valuable in themselves but only in so far as they lead to just disposition of a controversy.

Respectfully yours,J. Seymour Montgomery, Jr.

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