F'

■ Y, ATJOUST 5, 1009.

CAPE MAY HKRALO

LEWIS T. 'STEVKWS _ AN INOEPENDENT WEEKLY l*uUUli«t Swjr Tliurnlaj Aftwiioou At Uu> Uvrold l!oUUlUfi,|^o. iii WulUostoa SUeoL Caw Muj City. Naw Jwey. 8UttiC«iPTidN One Doll at Pat Yaat In Adrancc

t u» pom ocnc« at com Max. N. J-. AS AGCOCd clAAA IUaU

Ur. MatcE U. MM.

AdvertiAln* KaIoa Upon AppllcaUoi: AU letter* Intended lor tbe Herald j eilbi-r fdltorlAl, advertlali;*. »ub«> ftp | lion or job piloting. * tumid bo au

CAPE MAY HEftALD

614 Washington Street, Cap* Maj, |

own vi WTUW

TAnlagr of a double appeel It reeortrd to at preerut for I be tuoti pert l>r defondinia lu iHieonal Injury rawi. who deirlie to wear out tbe iwtlrnee '.f tbelr mIv er mi ilea, and by coiivUid crlintnala. who »r» enabled by the double .ippcnl now allowed to poatpour the Ituiirlaoiimeut to wblrb they have been aentemod or tn •yrtatn raplt.il caaea to p>i*t|»ne tbe nay of execu tlon. tn fact. ihL tb uUle lippeal it aow eehtoui reaorted to exiept tiy .d" t».d«nt« |u crlrotnal caaea 4n H> II ■ l-nnta prefer to rn-ei'

THURSDAY. " 1»03 PAGES FIVE AND SIX

JUDGE SWftYZE FAVORS REFORM,

Wretily

Effective In Most cl Hie Steles.

THE GHINCES COHTEMPUTED,

The L*a*nad Juatlca of the Supron a Court Oivaa In Detail tha Varioua Propoaad Modifcationa of the Exiat* tog Laws—An Effort to Maka La m Certain, Cheap and Expeditleua. Tha following addrraa *n the paiK*>tug aooodnants to the state constitution waa delivered before the New Jersey Bar association at Us last meeting in Atlantic City by Justice Francia J. Sways* of tbe suprjme court: One of the most desirable things to be accomplished Is to lessen tbe evil of tbe lew’s delay. The law ought to be certain, cheap, expeditions. In mo-1 of the affairs of life it Is certain. Men

. transact their business and hold tbeir

property with comparatively Uttle litigation because they know tbe rule of law which governs their conduct Of tbe millions of promissory notes given In Oils-country every ydar. of the millions of sales of goods and chattels In large and small amounts, of the millions of other everydsy transactions— dials, mortgages, chattel mortgages - very few lead to a lawsuit, and am h lawsuits aa arise are more often due to disputes about the facts than to any difference in the rale of law which governs. The titles to land are for •be most part mettled, and we travel the highways with little fear of n» aaWt or robbery because the law Is settled and tbe whole force of tbe •tats backs It up. Such troubles as exist are. due to tbe new questions which come up In a society which Is becoming more and mors complicate,! and to sllpe in mere procedure. It is Important that these question* •bould be settled as speeully as ixfseWie and settled upon their real-'mer-its hampered as little as possible bv taohicaUties of mere procedure. Tbe?teebaJcallUes of procedure arose ceutnrlee ago and are the product of legal motions quite different from those we bold today. Experience has proved •hat reform Is needed, and reform has come in Englend and In nearly all of tbs agates In this country except our own. It bi therefore worth while to see what provision has been mad- In

the proposed emend menu for a. atnfi ‘

simple and expeditious procedure aiid tbs abolition of unnecessary appenis which add to tbe expense of lltigsdon ■Dd give an undue advantage to the

litigant who baa tbg longest pwrv. The provisions which are lively t„ based

fact this result are contained

tlCB 6 of tbe third amendment Tlujimake possible a reform similar to thatadopted In England in 1878=5/ the xasnits of which were thus descrll-ed

In 1887 by an eminent English Ju'dgi "Every amendment can be made •••f-

■9 times and all stages In any sword. pits fling or proceeding that Is reqnl lt.' ftr the purpose of deciding tbe real matter In controversy, it may be n*aerted without fear of contradicti.m

that It is not possible hi tbe yi

o be defeated by nhy

• technicality, any sUp. any .nile-

■ step In bis litigation."

is proposed changes are aa follows. etibo 5. paragraph L of tbe ibird Bdment gives the appeals dlvl- km a supreme court (1) the appellate

peals. Tbe amendment allows on v.

bo* appeal

(81 At present In eases Involving the probate of wilts and the administration of estates and tn matters of the guardianship of Infants tbe first pr c ooeditig ts before the surrogate. From his action there Is an appeal to the orphans' court, from the action of that court there ts an appeal to the prerogative court or the ordinary (these are but names for tbe chancellor); from tbe chancellor sitting os ordinary or as tbe prerogative court there Is an appeal to the court of errors and appeals. Thus under tbe present aystem. 'f litigants are determined. there are three appeals In matters Involving the settlement of estates and the property and persona of Infants. Under the proposed system there would he but two appeals, one from the surrogate to tbe county court and one from the county court to tbe appellate division, and the legislature Is authorised even to take sway the appellate Jurisdiction of tbe county court, so that litigants may appeal direct from the surrogate to the court of last resort If the legislature so enacts (4) Tbe legislature may confer further appellate Jurisdiction upon the appeals division. ThN needs an explanation. It leaves the matter for fulure legislatures as need may arise. (5) Tbe amendment give* the appeals division such Jurisdiction as may lie incident to the complete determination of any cause on review, saving tbe right of trial by jury. At present the court of errors and appeals has no original Jurisdiction. It has sometimes been questioned whether It has power to dispose finally of any cause or whether It must tbe case back with orders as to i is to be done by the lower court. The new provision meets this difficulty aud authorizes the appeals division to what is necessary for a complete de-' termination of tbe cause The provision reserving the right of trial by Jury Is necessary for the reason that the spirit of our constitution requires that tbe final determination of the facts in a trial at law shall be by a Jury. This provision Is merely meant to preserve the present right of trial by Jury. - In short, the object of paragraph 1 of section 5 of tbe third amendment Is to simplify and shorten proceedings

on appeal

Section fi. paragraph 2 Tbe object of this paragraph la to confer upon tbe law division tbe present jurisdiction of the supreme and circuit courts and «nch further Jurisdiction as the legislature may choose to give It: is necessary to provide in this way. since tbe elrcnlt courts will*In n cease to. exist If the amendments are adopted.* and the supreme court will become really supreme Instead of being a mere name. The law division is to be composed of seven judges ipstead of nine, a* at preadnL Its function* will be tbe same as tboae now exercised bv tbe supreme and circuit court, except In appeals, which will go direct to the appeal* division. Tb. substantial change here seem* to be merely In name. Instead of-tbe Judge* being called justice* of tbe suprenn and clrcultjcourt Judges^all wilt

be called Justice* of the suprenn court and will do the same trial work a* the circuit Judges and supreinw

Conte justices do noW^

Tb'is paragraph. Miwever, contain, one moat liiijioriahrclauae Tbe Juris diction la tn be exercised by tbe law division In accordance with the rule-, tit practice and procedure prescribed by statute or. hi tbe absence of statute by tbe supreme court. Our preseni aystem of practice and procedure b

i tbe o(d Eugiisb practice

and procedure dating centuries ago. with some modifications in tbe direction of greater simplicity and aotne technicality made Home fifty years ago Tbe present procedure Is very technical. For example, when a man 1* sued opon on ordinary book account or

uo-e the declaration, aa II

Is cal led-I

, the com

not gtve tbe defendant

any Information at nil as to what the suit Is about Ordinarily tbe defend

tnsjesty'* fnt to puzzled by being Informed that

t of errors and appeals, (2, the JtBMSctloa befetofbr* r n —eastil by tte •upreny court on wilt of error pi

th* Jurisdiction heretofore possessed by

tW prerogative court and by tbe orrti mrj on appeuVH) web further appet1st* Jurisdl-flon ns may be confer; -d upnu ft by law, (S) such original ju, dfettou as may be Incident to tbe cm,

ptota determine Hon. of My entree otu flora ri and the court baa thought bSTto" “ “• "Cl ourtl lo U.' r.r , qGO■■>...■

TWi language to necessarily tech

he waa Indebted to tbe plaintiff for goojls aold. for work and labor, for money loaned, for money bad and re reived by tbe defendant for the plaintiff's use, for Interest and upon an account stated The puzzled defendant I* obliged to employ a lawyer to tell him wbat It means, and even the lawyer can only gueas what the an It Is all about. Again. It has .recently happened and baa not been Infrequent that In litigation* over tbe right to office In a nrank-Jpal corporation—a town. city, bnrooirb <*r township or In a private rorporittlfiu. railroad obu*ln*as corporation - the party com-

plaining baa asked for.

(I) Tbe first change to i . la tbe number of Judges who will acaad to the name of tb* court. At pre* ant sixteen Judges may alt: tbe imm Nr to Isas only when aotne of tl> tnoplr > or when some ar

baa failed tn use tbe proper magical words. Just na the man In the stprr said Open. Barley, when be ought to have **l(| Open. Sesame Hie . drsftxnmn of tbb, have bad this and similar mind and have., tbsrefora.

_ n rumady to anfores Ms fight. Now, an ordinal) man. not • lawyer, will n»k litmaelf first. Ilove I a legal right? If be baa,.the law nugh' to find him a renntly, Ho far as mu corns practice and procedure, all tiist to really essential to that the defend ant should bare police of the viol, made against him. aud lie aliculit ban a day In court aud a fair bearing, ini' that tbe judge ahuuld ecc that a re an U made up abowlng tbe exact pulu: tried ont and dsterintned. so that the point may be celt fed once aud for all. The amendment puts It In the power if the court aud legislature to socun iirr tlrapllclty and avoid tocbulcnl in . I,tit It-dues not alter any legal right' lor^mpower tbe court or legla lature to tlb so. It merely relatea to questions of the method of proi-edure. Ihiragrapb 8 contains a similar pro vision as to the praetk-c uud procedure In the chancery division. Probably there is Hsu. need of reform here, aa the court of chancery has never thrown a man out of court. If be had a good case, merely' because he bad fall ed to use certain magical words. Be did not for example, lose bit case because he naked for an Injunction when fie waa m ( entitled to it If he asked lor general relief ami f,roved blmaell entitled to <!•> something, be got what be was .entitled to. The trouble hen hag been that often a man would have a good case, but would be thrown of court because of peculiar system, the result of the historical develop ment of-chnrwry procedure out of the Roman law and the development cf what Is call si procedure nt law oo of the Ignirtiab coumou law. The main diffnv:e-e between the coprto of Chancety an-: the court* of law bn* been tlo’t U: f- C'M-r tried case* with do so mid * .- icfrnhi from doing *o and so. while the latter tried case* with a Jury and never wild to a man he must do or m-t do a parik-ular

Lat he uiunr lay damd In ^ila duty. Now. » that in order to do : the court of chaniskc a man pay damf law ought to Kill him

•tly what he should do or not do. iccompllsti thl* at present require*

thing, but age* If hi it often 1 eery ougli

law. Then, again. It sometimes hup pens that a man makes a mistake and goes Into chancery when hq ought P> prociss! in a court of taw. It 1* the*,Jllfll^nlti,"' which HCI-IU to have leil t< the ad pi Ion of paragraph 5 of section 5. Till* laii- gnu,1: authorizes ’.be an promt •■onrt to provide by rule for the transfer of a enn-e or liwue (which mean tbe same thing) from the bn division In the chancery division, nt from tbe chancery division to the law division, or from the county court-:te either division, and for the giving of complete'Icaal and equitable relief In any cause In the court or division where It may be |>endlug. The object la to have the whole mutter finally acttied In one milt. Psl-agraph* 4 and 0 of section 5 hard ly seem to need explanation. One rc quires a Justice of the supreme court to bold court* In the Severn] counties That 1* dene nosfc-' Tbe other authorizes the Icsisbt.ure t- alter the p<-wrs. and jurisdiction d iferred on any court since 1&«. Thl* date la fixed because onr -present ecnsHtuUmt. which was adopt, d-In that year, preserves Intact the then existing Juris-' diction. Bnt for thl* provision It might be said that the lejtolnttire eould not hereafter change the powers which the courts now have In IdOO. In , V rt, this paragraph ereni* Intended to iireserve all the pretvnt rights of the li-g-tolatnre to < hange the power of courts. Stated briefly, the object of se ll-in 5 sedms to tie to simplify and ope dlte legal twoeeedlng*.

NAPOLEON SAID “There is Nothing too Good for the French" Americans demand the test. You can get it at Wildwood Crest. ^Wu are building a City quickly, and to do this we have-kept price* down to get population, for tht<t is as necessary to a resort as Wood is lo the circulation Here ure FIFTEEN REASONS f° r investing i»WHDW000 CREST m lb»I»..SalG. : : 1 BECAUSE there are many fine houses already built in the blocks in tfhich these lots arc located. 2 BECAUSE three years ago it was a waste and wilderness, but now it is the model resort. 3 BECAUSE it affords an unequalled opportunity to benefit your health, enhance your pleasure, and increase your estate. 4 BECAUSE it is so high above the sea you get the best • views aud tbe coolest air. 5 BECAUSE it faces the Ocean, Inlet and Lake, and yon never fail of salt breezes over tide-waters. 6 BECAUSE there is no better place on earth to sail or fish orTiunt or rest. 7 BECAUSE it is planned, built and conducted on. a scale that has compelled success. 8 BECAUSE the public utilities, avenues,roads, pavements, curbs and sewers are Wade, paid and free. 9 BECAUSE you can jiay ten dollers per month on ground and your life will be insured, or pay cash and get a discount of $6o. to BECAUSE if yon build before July‘ist, 1910, you will receive a bonus, reducing the cost of your ground to one-third of its real value.11 BECAUSE the founders are the same ^s at Wildwood, where land has brought,eighteen times as much 'as the founders got for it. 12 BECAUSE Wildwood tyest bas^tlie benefit of the experienceof the founders in making WiIdwood_ 13 BECAUSE the title is insured and you cannot put money where it will be safer or more profitable or developemeut as rapid. 14 BECAUSE there is 119 otlur place of equal r erit where you • can tray as lower where success is as sure,and 15 BECAUSE there if not an undesirqable lot in this sale and the sale will close very soon. «e <»-»,..« BAKER BROTHERS 7x7 Drexel Balldinf. Phtla., or at Wildwood, it. J-

0,really Facing the Ocean Room. »2.00 to f4.00 P*r O.y Special Term* by-the Week

Stockton Hotel SM'2; itiliW* 2J« iT. JOHN C. G<)SS Lt U B. A. SMITH 1809 OPEKED FOE SEASON OF 1909 : Tlcw Gate *= jfull a la Gartc flfccnu

Concerts and dances I 8.30 to 11.30; concert! Director Dancing.

Hotel Glcnwood [

A. MARCY LUDLAM, Proprietor t Near the Beach and Business Center [ Special Attention Given to l i TABL E

MODERATE RATES

SHaDY PORCHES J

W« Have Just InaUlled the Very Lateet In a Cellar Ironing Machine. Folds, Crlmpe and Curves the Collar at the Same Time, Producing Perfectly Smooth Collar. Bed and Table Linen 35 cents per dozen.

Cracked t i' Corners

MAKING CLOSET ROOM. Shalva* and Cupboards May Be Sim-

ply Constructed by Housewii A clever woman wboAt tbe

of two or three dollars converted an objectionable doorway In her apartment Into a most convenient desk and bookcase baa act an example* that meny housewives could follow with

profit , .

Fortunately for tbe purpose of the one woman, the caaln^was In the sitting room, tbe door proper opening Into the next room. The door waa removed from Its hinges end sent tfe the room, bnt It might quite as well have been c!<«ed and -left tn place, for t' easing became tbe secretary frame. It were, and twelve Inches from tbe top e shelf waa fitted and nailed Into place. A similar shelf was then pH a foot below the first one, this set being an ln- b shallower than the lag. Poor Inc I ip* under was nailed a third, thto being of very thin wood, for at that point tbe desk began. Dividing tbe lower acvtloc at Ip terra to of elx Inches with very thin wood, two pigeonhole* were formed at each end, tear-

1 tog a apace In the center, tn which one

partition wax placed horizontally for writing paper. At either end.-Jnet below tbe sbeif. two small drawers

Two feet lower cpother shelf. alao an Inch narrower than the caring, wax’ Joined, and lo rhta was added a flap, which tornied (be writing section when down end when up fitted .li flush with tbe second shelf.

NEPTUNE LAUNDRY CO. 405 WASHINGTON ST.

FRESH FISH , g-^T-Or ALL KINDS FR0H-^=-»-l The Fishing Banks Daily C0T.ZAGE TRADE A SPECIALTY LEWIS NELSOH

toe JACKSON ST. Residence, 511 Bank Bt

Keystone Phone

v .CcmsBbne, , — c Rift together onc’qmjfc ■*wt meal one teaspoonful salt two teaspoonfnla sugar. Add one pint scalding hot milk and beat well, filft together one heaping ‘ plnfi floor and two teaspoonfnl* baking powder and stir Into tbe batter together with the beaten yolko of two eggs. Beat hard. Fold tn tbe stiffly beaten whites of tbe egg*, turn Into a long, shallow tin pan and bake in a hot oven. Thto to a famous Kentucky rpdpe. The Virginia rata call* for one qnait batlermlik. two ’ teaspoonfnta sod*', one quart contmeal and one pinj of flour. Hake for three hours in a

stone crock.

For old fashioned corn men! mush, the beet cereal, according to many eraoue, bring three pint* of water to

boQ, add a ' '

a boll, add a level tablespoonfu) of salt end (lira sift In vlfH hand illtlr

He’s From Missouri; Yon Have to Show-flint. »nF-

The only brick fire-proof hotel In Old Cape May. Directly on the Beach, situated on the highest land and overlooking the beach drive-way and ocean. Refurnished and greatly improved. Coolest spot on the beach. R. HALPIN

THE CECIL HOTEL 205 OCEANSTREET Open lor ihe Season ol 1909 CAFE AND BUFFET biggest and Coolest Place in Town. Sea Foods and Salads a Specialty. Private Banquet Rooms for Supper Parties Phone Orders Receive Prompt Attent^pn Cottage Trade Solicited

STAR VILLA

OCEAN STREETS BEACH ML -CAPE MAY, N- J.

-M. L. RICHARDSON*

IRE DEVON H0TEh f'-v.OPEN ALL THE YEAR-^i •te Prices - r - ccpirally laxwint J. L. KEHR. Sooth Lafayette Street ^Ac dfoteil Qalurdhia. SWfSm ocaE3jk.*T entEET Management 111 Mountain, and