i ' MPOSQ.1I6HI0IS | V i . , TO THE J. ' COOSTITUnOI •TATE OF NEW JERSEY, Department of Btata. ' NOTICE OF A SPECIAL ELECTION. !■ pursuance with the provisions of Chapter 23* of tbo Passion Laws of 1909. — I lllail "An Act to provide for submit - ttag the proposed amendments to the •onstttutlon of this State to the people thsroof." approved April n. 1909. notice Is hereby given that on Tuesday, the fourteenth day of September. 1909. a SPECIAL ELECTION. WOl be held In the several election districts or prpclncts of this State at such Places as the clerks of the several townships, cities, and municipalities of the ■late shall provide, to enable the elector? qualified to vote for members of the leftMature to vote for or asatnst certain proposed amendments to the constitution Said proposed Amendments having been agreed to by the sessions of the Leglr tutors of New Jersey of 190B and of 1909. in . pei see nee with toe pi nvMam at article Mae of the constitution of said State. The said proposed amendments are contained In the form of ballot hereto annexed. which ballot has been provided tor use at said special election. In pursuance with the provisions of said Chaptar at of the Lairs of 1909: and said lav Inquires that to vote forlny particular amendment, the voter atoll strike out the Word "against": to vote against any par • amendment, he shall strike out toe word "for." Ne ballot will be counted for or against any amendment unlere the vote is Indicated by striking out tathar the word "for" or the word *%galnst." • B. DICKINSON. Secretary of Bute FORM OF BALLOT. FIRST AMENDMENT. AGAINST ™18 AMENDMENT. L Strike out paragraph ten at Section TO of Article IV. and rhanrt the numhan of the following paragraphs to toapondSECOND AMENDMENT. AQAINST ™'8 AMENDMENT. Change paragraph ten of Article V to Seed as follows: 10. The Governor or person admin Isletag the government, and fonr cltlsens of toe State appointed by the Governor, by and with the advice and consent of the Pens Is shall constitute the Board of Pardona. The members of said Board, or any three of them, of whom the Governor or person administering the government shell be one, may remit fines and forfeitures, and grant reprieves, commutations. pardons and paroles, after conviction In all cases except Impeach ment. The four members specially uppointed shall hold offlce for five years, and recelvt for their services a compensation which shall not be diminished durjng the term of their appointment. TH1RT1 AMENDMENT. AGAIN8T THI8 AMENDMENT. (The different paragraphs of this amendment being necessarily Interdependent are considered as one amendment.) Change Section 1 of Article VI eb as to read as fellows: SECTION L The judicial power shall be vested In a eourt top the trial of Impeachments. :■ Supreme Court. County Courts, and such ether courte. Inferior to the Supreme Court, as may be established by lav. . Whl£h Inferior courts the Legislature rany alter or abolish as the public good ultsll require. Strike out all of Sections II, IV. V. V! and VQ of Article VI. change the number Section III of Article VI to Section 11. and Insert the following sections In Ar tide VI: SECTION III. Any judge of any of the courts of the State may be removed for disability con tlnulng for one year, or for refusal t . perform the duties of his ofnee. by a vol' of two-thirds of all the members of L - Senate and of two-thirds of all the me - hers of the House of Assembly votlr ; separately, after a bearing before boi. Bouses In joint session. SECTION IV. L Ths Supreme Court shall be orgs'** bed In three divisions, namely, the Appeals Division, the Law Division and tit. Chancery Division. It shall consist of Presiding Justice of the Appeals Dlvislo Who shall be styled tbe Chief Justice. . Presiding Justice of the Law Division : Who shall be styled the President Justice ] and a Presiding Justice of the Chancei Division, who shall be styled the Chan . eellor. and eighteen Associate Justices ' which number may be Increased by law 2. The Appeals Division shall oonslst of the Chief J us t Ice. and six other Justice- ! •f the 8upreme -Court to be assigned by the Governor. A Justloe of the Supreme Court assigned by the Governor to the Appeals Division shall serve In said division until the end of his term. The remaining justices shall be assigned by the Supreme Court to tbe Law or . Chancery Division, as the business of the Court may require. . 8. Whenever the number of causes before the Appeals Division shall be so , great that the Division cannot prompt I > . hear apd determine them, the Governor shall, when authorised by statute, teni- ! porarily assign flye of the JusUoes of the1- , other divisions to sit tn the Appeals Division, which shall thereupon sit In two . divisions for the bearing and decision or Vftuses pending at the time of euch a- , slgnment. 4. Four justices shall be necessary t, constitute a quorum on the final heart r. •f any cause In the Appeals Division, bit- ! the Bupreme Court may provide by rul. . for the making of Interlocutory orders V S lesser number of justices or by on. . Jostles; such orders to. be subject to t. , vision by the Appeals Division. On the hearing of a cause In the A; peals Division, no Justice who hsz give A judicial opinion In the cause In favor ef or against the Judgment, order or d. eree under review shall sit at the hearin to review such Judgment, order or J cree. but the reasons for such opinio: , shall be .assigned to the Court In writlnK. A majority of all the members « the Supreme Court, to be presided ov. ! by the Chief Jusflee. shall constitute quorum for the assignment of Justice? and for the appointment of office1!?. a . the enactment of rules. ; 5. The Supreme Court shall appoint on- ■ ar more reporters, not exceeding three. . . report the decisions of the Court, an shall by rule define his or their duttf- , and powers. The reporters shall bo!.. , office for five years, subject, however. • J . removal at the discretion of the Court. 1 SECTION V. L The Appeals Division shall have nnd , xxercise the appellate Jurisdiction heretofore possessed by the Court of Errhre • and Appeals, the' Jurisdiction beretofor. possessed by the Supreme Court on writ ef error, and the jurisdiction heretofore possessed by the Prerogative Court on appeal, and by the Ordinary on appeal, and such further appellate jurisdiction as i may be conferred upon It by law. togeth- I er with ouch original Jurisdiction as may to Incident to the complete determination I

J at any mm ea rwrtaw. eavtag. however. and the judges thereof, and set* further original jurisdiction not of aa equitable nature, and such further appellate Jurisdiction from inferior courts aa may be conferred by statute, shell be 4Mrclsed by tbe Law Division of the Supreme Court and by tbe several justices thereof. In accordance with rules of practice and procedure prescribed by statute, or In the absence of statute by ths Supreme . Court. ... 1 Tbe jurisdiction heretofore possessed by the Prerogative Court and the Ordlnary, not hereby conferred en the Ap- * peal. Division, and ths Juriadlotlon heretofore possessed by the Court of Chancery and the Chancellor, and such fur- ° ther Original equity Jurisdiction as may to conferred by statute, and such further original jurisdiction as Is now conferable on the Prerogative Court shall be . exercised by the Chancery DhrMon and by the Chancellor and the several Justice, ef said division In accordance with rule, of practice and procedure prescribed by statute, or. la the .absence of statute, by the Supreme Court, but ths Justice, or that division shall be under auch control and supervision by the Chancellor a a shall be provided by the Supreme Court. L Terms of the Supreme Court presided ever by a single Justice of ths Law Division for tbe trial of Issues joined in or Brought to the Law Division of the Supreme Court shall be held In the several , bounties at time, fixed by the Supreme Court. Until so fixed, such trial term Shall be held at the places and times now " fixed by law for tbe holding of the Courts of Common Pleas In ths severul I. The Supreme Court may provide by | rule for the transfer of any cause or Ir- I sue from the law Division to ths Chan- . eery Division, or from the Chancery ] J Division to tbe Law Division of the 8u- i proms Court, and from the County Court I to the Law Division or the Chancery Division of the Supreme Court and for] the giving of complete legal and equitable relief In any cause In the court or ; division where It may be pending. 8. Nothing herein contained ehal) pre- , vent the alteration, by law. of any etat- 1 utory power or Juriadlotlon conferred Eany oourt or Judge slnoe the adop- • of the Constitution In ths year one | uuid sight hundred and -forty-four. ; and nothing herein contained shall pre- 1 vent the Legislature from conferring ] upon any Inferior court which may hen-- • - after be established such power or Jurfe- ! diction as was exercised by or which may now be oonferred upon the Inferior court, mentioned In section 1 of Article VI of the Constitution of 1844. SECTION VL The County Courts shall have and exercise. In all cases vrlthln the county such original common law Jurisdiction concurrent with the Supreme Court, and such Other Jurisdiction heretofore exercised by court. Inferior to tbe Supreme Court and the Prerog- "Ire Court aa may be provid- • ed by law. The final judgments of the County Courts may be b Sought for review before the Supreme Court In the Appeal. Division. Until otherwise provided, the jurisdiction heretofore exercised by the Courts of Common Pleas. Orphans' Courts. Courts of Oyer nnd Terminer. Courts of Quarter Sessions, or by the Judges thereof, shall be exercised by the County Court, pursuant to rules prescribed by the Supreme Court. The Justices of the la* Division of the Supreme Court shall be ex officio judges of the County Courts. All other jurisdiction or authority now vested In any court. Judve or magistrate with jurisdiction Infer!" to the courts In this section mentioned, and not superseded by this article, shall continue to be exercised by such cour>. judge or magistrate until tbe Legislature shall otherwise provide. SECTION VIL This amendment to the Constitution shall not cause the abatement of any suit or proceeding pending when it takes tf feet. The Supreme Court shall make such general and special rules and order, aa may be necessary for the transfer of all suits and proceedings to the appro- ! Priate division or court created by this ] amendment. Matters pending when this amendment takes effect shall be decld-d by the judge or judges to whom they , were submitted, and tbe order, judgment or decree made or advised by said Judge ! : shall be entered as that of the division 1 or court to which the suit or proceeding i : shall have been transferred. Fifth-Strike out paragraphs 1, 1,1 and : > 8 of section II of Article VII: and sub- ; - stitute the following paragraphs In place i of paragraphs 1 and 2, and change the I numbers of tbe paragraphs following S | I to correspond: L The Chief Justice of the Supreme : I Court, the President Justice of the Law- ' Division, the Chancellor and the Assoc i 1 ate Justices of the Supreme Court shah ! . be nominated by the Governor and ap- 1 I pointed by him. with the advice and con- j sent of the Senate. They shall not be ! I less than thirty-five years of age. and i I shall have been practicing attorneys In ; i the State for at least ten years. They , I shall hold offlce for the term of seven ] shall, at stated times, receive for . their services a compensation which shall I not be diminished during their term of I office, and they shall hold no other of- j I floe under the government of the State. \ i or of the United States, and ahali not en- « gage In the practice of law during then- I gage in me practice or law during their

frrm of offlce. The Chancellor and the | Chief Justice of the Bupreme Court, and ! the Vice -Chancellors and Associate Jus { tlces of the Supreme Court, in offlce when , this- amendment takes effect, shall he I Justices of the Supreme Court until the > expiration of their respective terms. The Circuit Court Judges in offlce when 1 amendment takes effect shall be con- : In offlce with the powers of the ' Justices of tbe 8upreme Court at the | circuit until the expiration of their re. | ■Pectlve terms. They may hold the Court , ty Courts, subject to assignment by the Division of the Supreme Court. 3. The Governor, by and with the ad 1 vice and consent of the Senate, shall ap- ] point one judge of the County Court in each county, and such additional Couni v , Judge or Judges in any county as mu> c be authorised by law. The County Judo-. I - may hold court in any county subject m • . the control of the Supreme Court. The : i County Judges shall not be less thin: j thirty years of age. and shall have ik-. : ! i practicing attorneys In this State for at i least five years. They shall hold office ] , for the term of five years: shall at 8UU--1 - times receive for their services such com- i ponsatlon. which shall not bo diminish- 1 | during their term of office, as the Legi. : lature In Its discretion shall fix for each j and they shall hold no other of- j . floe under the government of the Stat- j or of the United Slates, and shall not . : engage in practice of the law In the j • court, of the county where they hold j oourt during their term of offlce. Tim j Judges of the Common Pleas In offl - ' . when Oils amendment takes effect aim : be the judges of the County Courts -un--: . the expiration of their presenr terms. 3. This amendment shall take effect on ! - the first Monday In February, in th- !'■ next following Its adoption by the ■ people. 4. The Legislature shall pass all laws . accessary to carry Into effect the provisions of the constitution and this amend- - ment thereof. fourth amendment. AGAINST ™'8 AMENDMENT. Strike out paragraph T of Section IV of Article rv. and insert In place thereof the following: 1. Members of the Senate shall receive annually tbe sum of one thoucand dollars.

J Bsri.-saar-"- —H fifth amendment. n against ™18 amendment. ie (Tbe different paragraphs of this amendment being necessarily tatsetopsnder.t. b ^Italkl'^^pL^Faph V of^Bestlsa I. of >- Article IV. and insert la pleas thereof ■- (to following: i- 8. Elections tor members e t ths Senate - and General Assembly shall be held every y two years on the first Tuesday after the -- first Monday tn November, beginning ani- Bo donilnl one thousand nine hundred and e tan, and every second year thereat n -; <1 and the two Houses shall meet separately .- so the second Tuesday In January In each year, at which time of mooting the v legislative year shall commence, y Btrtke out paragraph 1 of Bootton IT. i Article IV. and Insert la place thereof tbe >1 fioUowlng: s L Ths Sonata shall bo eompoeed of one Senator from each county In the State, tl elected by tbe legal voters of the coun- - ties respectively, for four years. Strike out paragraph 2 of Section II. of - Article IV, and Insert In place thsroof the I following: c k As soon fS ths Sonata shall meet ii after tbe first election to be held tn puri nuance of this constitution thoy shall l>e <- divided by the Senate aa equally aa may l to Into two classes. The seats of the , Senators of the first class shall be vacated at the expiration of the second - year; of the second class, at the axplru- - Hon of the fourth year, so that ons class v ] may be elected every second year and If . - Vacancies happen, by resignation or oth • I t ; srwlae, the persons elected to supply such i •' j vacancies shall be elected for the unex- j r plred terms only; provided, that the Sen- - atora having the longest period of time 1 . r still to serve at the time of making said - division shall be to tbe longci . ' - terms. Btrike out paragraph 1 of Section 1 1 1. | 1 Article IV, and insert In place thereof-, the I following: B : L The General Assembly shall be com . posed of members elected by the legal - voters of the counties, respectively, every : second yosr. beginning on the first Tup. - day after the first Monday In Novemi.p.anno domlnl one thousand nine hundred and ten. who shall be apportioned among ; - tbe said counties as nearly aa may bp ] , f according to ths number of their Inhal. | Hants. The Legislature shall. In the ve r 1 one thousand nlae hundred and ten. and i at its first session after eeoh United i States decennial census hereafter, an I , - not oftener. divide and arrange each 1 i county of this Stitte Into a district or die- I tricts for the elfetlon therein of a meatI tor or membera of the General Assembly. - Each Assembly district so constituted 1 ■ shall oontaln, as nearly aa practicable. I - an equal number of Inhabitants, and sbull • sonslst of convenient and contiguous territory In a compact form, but no county. or part thereof, ahali be Joined w-lib 1 • any other county, or part thereof. In any I . such district; provided, that each county I i - shall, at all times, be entitled to at least i . • one member, and the whole number of members to bo chosen shall never exceed 1 sixty. , The Court of Last Resort, by whatever ! , • name known, Is hereby invested with ex- ' elusive original jurisdiction and with full I * ■ power, under such procedure as It may : I by rules prescribe, to review any division , \ and arrangement made by the Legtslu- - ture Into Assembly' dlstriots of the coun- j ties of this State for the purpose of de ' termlnlng whether such arrangement arm ^ division, or any part thereof, Is In a?' . cordance or In conflict with this section. 1 , and. If In conflict herewith, to adjudge ' the sa.ne. or such part thereof as may U- ' ' in conflict herewith, null and void. In j case said court shall determine auch ar- . rangement and division, or any part ' thereof, to be null and void the Leglsla « ture shall proceed to make a new ar- ( rangement and division, entire or partial. , as the action of the court may require. ! Strike out paragraph 3 of Article V and i ' Insert In place thereof the following: 3. The Governor shall hold his offlce f.> , four years, to commence at twelve o'clock noon on the third Tuesday of Januai - 1 • next ensuing the election for Govern. 1 by the people, and to end at twelve i o'clock noon on the third Tuesdav ot ' . January four years thereafter; and he . ' shall be Incapable of holding that office * for four years next after his term ..r ] 1 , service shall have expired: and no ap- ' ( ; polntment or nomination to offlce shall ' . made by the Governor during the last : 1 week of his said term. t ; Strike out paragraph fi of Section II. i.' - Article VII. and Insert In plaoe ther.- .' the following: i 6. Clerks and surrogates of counties i * shall be elected by the people of their , C members of the General Assembly!"1"!'!!-: i 1 shall hold their offices for six years. Strike out paragraph 7 of Section 11 j J Article VII. and Insert In plaoe thereof I t ; the following: ! . I 7. Sheriffs and coroners shall be elect- i j ' j the people of their respective count I- ! 1 ! «t the elections for members of the Geo- [ E I oral Assembly, and shto hold their ottn . - i i, ] for four years, after which four vears i j «wi iuui iBttn, aner wmcn lour i- | must elapse before they can be again c i !

1 pable of serving. Sheriffs shall annua):, j j renew their bonds, n Add to Section n of Article VII three 1 e I paragraphs, to be known as paragraphs I e 11. IS and 14. to read as follows: | 13. All elections for Governor, member? - of the Senate and General Aasemblv. ! - ; sheriffs, coroners, county clerks and sin - e 1 legates of counties and all other offl.-i ] e i bow or hereafter necessary to be chos.-n by the electors of the whole State, or of I j any county thereof, ihall be held even I '• i oecond year, on tbe first Tuesday aft.-i I the first Monday In November, beginning ; anop domlnl one thousand nine hundred 1 - Bad ten. i | 13. All elections for justices of the peace | i j and all and any municipal officers, -is I distinguished from State and county olii- I - cere as hereinbefore provided, now .> hereafter necessary to be chosen by thj electors of any city, borough, town, low ., I ship, village. or subdivision thereof. ! ! any municipality of this State, exc , - t | counties, shall be held every second \ • 1 on the first Tuesday after the Drat Mon- ! day in November, beginning anno doniiii one tnousand nine hundred and eleven ] ] 11 Except as herein provided with rel. | tlon to the office, of Senators, all offlr-' . i ' I j filling shy elective offlce at the time th" - : amendments take effect shall continue u > j the exercise of the duties thereof accord : lag to their respective commission? . , • I terms of offlce. and until their success > ! : may be elected and qualified under : ; provisions of these amendments, and all ' Officers whose terms of offlce would 1 . I i plre after these amendments take off.- ; and prior to the election and qualiflcut) ; of their successors in offloe. at the virion for the respective offices first Ink) j i under the provisions of these amend ' f- ments, shall continue In office until thei- I successors can be elected and qualified » at the election for such offlce or offices - - beheld next after these amendments tak. I , - effect, according to the provisions hereof i The Legislature shall pan all necessary 1 laws to arrange the terms of office of ail statutory elective officers so that said terms may be In harmony with these amendments, and to carry Into effect tbe . provisions hereof. , These amendments, tf adopted, shall take effect and go into operation on the , Bret day of February, tn the year of our Lord one thousand nine hundred and too.

fJ Nmflr Effwtm k Nut * Mm Stite. i IKE CliANGES CONTEMPLATED. | The Learned Justloe ef the Supreme Court Gives In Detail the Various Proposed Modifications of the Existing Laws — An Effort to Make Law: Certain, Cheap and Expeditious. The following address on -the pendi tag amend men a to the stato const! tu- ' mob was delivered before the New ' Jersey Bar assocUtion at la last meeting In Atlantic City by Justice Francis [ J. Bwayze of the supreme court: One of the most desirable things to be accomplished Is to lessen tbe evil of the law's delay. The law ought to ; be certain, cheap, expeditions. In most . of the affairs of life It Is certain. Men transact their business and bold their property with comparatively little Eti- ] , gation because tbey know the rule of law which governs their conduct Of j ; the millions of promissory notes given j | In this country every year, of the mil- i I lions of sales of goods and chattels in I large and small amounts, of the mil- ! - lions of other everyday transactions— j I deeds, mortgages, chattel mortgages— ] very few lead to a lawsuit, and such ; lawsuits as arise are more often due < to disputes abont the- facts than to any difference in the rule of law which I governs. The titles to land are for I the most part settled, and we travel the highways with little fear of as- : i sault or robbery because the law Is ■ settled and tbe whole force of the state backs it np. Such troubles ss j arise are- due to the new questions ' which come up In a society which Is : more and more complicated , and to sllpe In mere procedure. It Is Important that these questions i should be settled as speedily as possible and settled upon their real mer- i Its, hampered as little as possible by j tec Idealities of mere procedure. These | ! technicalities of procedure arose centuries ago and are the product of legal notions quite different from those we j ! | hold today. Experience has proved ; , | that reform la Deeded, and reform has ] j come In England and In nearly all of j ] the states In this country except our j ' j own. It Is therefore worth while to ! ! see what provision has been made in j . the proposed amendments for a more J. simple and expeditious procedure and t abolition of unnecessary appeals ] which add to the expense of litigation ( and give an undue advantage to the litigant who has the longest purse. ] ' provisions which are likely to ef- ' this result are contained In sec- ! ! 5 of the third amendment. They . make possible a reform similar to thai 1 adopted in England In 1873-5. the . results of which were thus described ; In 1887 by an eminent English jndge: "Every amendment can be made at i all times and all stages in any record, i * i pleading or proceeding that Is requisite for ihe purpose of deciding the real matter In controversy. It may be as- ' serted without fear of contradiction 1 that It Is not possible In the year lfcvj ! i an honest litigant In her majesty's j . court to be defeated by any ' technicality, any slip, any mis- 1 step in his litigation." - j The proposed changes are as follows: 1 Section paragraph 1. of the third ! amendment gives the appeals division ' j Of the supreme court (1) the appellate i ' heretofore possessed by | , the court of errors and appeals. (2) the J. heretofore possessed by s the supreme court on writ of error. (3) | jurisdiction heretofore possessed by the prerogative court nnd by the urdi- 1 nary on appeal, (4) such further appel- j ' j jurisdiction as may be conferred i 8 ~ i upon it by Jaw, (5 > snrh original Juris-

. diction as ntny be incident to the com- j I plete determination of any cause on ! '' i review, saving, however, the right of ! i trial by Jury. ' I This language is necessarily tech- i j nlcal and requires explanation. (1) The first change is a change only ! j In the numlter of judges who will act ' ' 1 and in the name of the court. At pres- 1 ; I ®nt sixteen judges may sit; the nunt- ; . ber is less ouly when some of the ! ) j Judges have already expressed an opin- * | Ion In the cause or when some are 1 , absent. Under the proposed change I seven on!y>}vil! sit. and as these seven | | will sit only as a court of appeal none ! will be disqualified by reason of bar- ] j lng already given an opinion In the ] . case, certainly after the system la In j | full operation: temporarily some may] 1 be disqualified, and In case the ap- j j peais division Is selected from the ! Judges already In offlce. as seems prob- ; able. (2) This does away with a dou j ble appeal- At present a litigant wbo; Is dissatisfied with a decision' In the! ] circuit court on the trial may appeal i first to the supreme court; aDd If hei : loses there may again appeal to the , i court of errors and appeals. This ad- : vantage of a double apjieal Is resorted ; to at present for the most part by : j defendants In personal injury cases who desire to wear out the patience of ' their adversaries, and by convicted ' criminals, who are enabled by tbe 1 double appeal now allowed to postjxine the imprisonment to which they have i been sentenced or in certain capital i cases to imxtpoue tbe day of execu- ; tlon. In fact, this doable appeal is now seldom resorted to except by de- ? fendants In criminal cases. In civil : cases most litigants prefer to appeal [ direct to tbe court of error* and ap-

1 | lor); from the Chancellor ttoting as , ordinary or ait tbo prerogative 'court | tnere Is an appeal to tbe court of er- < ron and appeals. Thus under the , ■ praaant system. If litigants are deter , mined, there are three appeals In mat- . tare Involving tbe settlement of ea- , i tatee and the property and persons of | , Infants. Under the proposed system , . thdre would be but two appeals, one from the surrogate to the county - court and one from the county court j to th# appellate division, and tba lag- t rials tore is authorised even to take i ! iW the appellate Jurisdiction of the t eouhty court, so I that litigants may | appeal djfectfrom the surrogate to t the of last resort tf the legiala- ( 1 turt s/t enacts. (4) The legiala tare , may-confer further appellate jurladic- ] ' tlon upon the appeals division. This j 1 needs an explanation. It leaves the < ' matter for future legislatures as need I 1 may arise. (0) The amendment gives I ] the appeals division such Jurisdiction i ' | as may be incident to the complete < j determination of any cause on review. I ; saying the right of trial by Jury. At l ; present the eourt of errors and ap- ] ' peals has no original jurisdiction. It i - 1 has sometimes been questioned whetb- c 1 er It has power to dispose finally of i ' j spy cause or whether It must send 4 ' i the case back with orders as to what 1 Is to be done by the lower court The 4 1 new provision meets this difficulty and 1 1 authorizes the appeals division to do I ' what Is necessary fop- a complete de- i 1 termination of the canse. The pro- 1 vision reserving the right of trial by I Jury is necessary fot the reason that I the spirit of our constitution requires I 1 ; that the final determination of the ( j facts In a trial at law shall be by a ( 1 j Jury. This provision is merely meant I 1 to preserve the present right of trial ( Jury. j In short, the object of paragraph 1 1 < 1 of section 5 of the third amendment ! 1 is to xlmpllfy and shorten proceedings j I i on appeal. : 1 j Section 5. paragraph 2. Tbe object I | of this paragraph Is to confer upon 1 "■ the law division the present Jnrisdlc- J tlon of the supreme and circuit courts * i and such further jurisdiction as the ] f j legislature may choose to give It It 1 necessary to provide In this way. x \ since the circuit courts will in name J [ cease to exist if the amendments are ' ! adopted, and the supreme court will j become really supreme instead of lte- e i a mere name. The law division c rls to be composed of seven jndges In- 8 i stead of nine, us at present. Its func- 7 I tlons will be the sa:ne as those now! J exercised by the supreme aud circuit , ! court, except in appeals, which will go j direct to the appeals division. The ■ I substantial ehnnge here seems to be i ^ merely in name. Instead of the Judges , * ] called justices of the supreme j ' court and circuit court judges, all will ] I be called justices of tbe supreme . 8 ! court and will do the same trial work j 5 as the circuit Judges and supreme ] court Justices do now. . j v : This paragraph, however, contains 8 one most iin|M>rtant clause. The Juris- ; ] diction is to be exercised by tbe law D : division In accordance with the rules ° of practice and procedure prescribed | : . by statute or. in the absence of statute, j by the supreme court. Our present f1 i system of practice and procedure is • | based upon the old -English practice s' and procedure dating centuries ago. ] with some modifications in the direc- j fl , t ion- of greater simplicity and some , technicality inadt* some fifty years ago. j The present procedure is very tech- ! . : nieal. For example, when a man is; sued upon tin ordinary book account or : promissory note the declaration, as it) is called— that Is to say. the com J ! plaint or state of demand— of tbei j plaintiff need not give the defendant . I information at all ate^lo what the] 1 a«.» iiiM'oiutuuu ni nit n-iu o tint utr,

suit is about. Ordinari^Kjtbe defend- j j ant is puzzled by being informed that ! he was indebted to tbe plaintiff for j goods sold, for work and lubor. for I money loaned, for money had and recelved by the defendant for the plain I tiff's use. for Interest and upon an acI count stated. The puzzled defendant! j Is obliged to employ a lawyer to tell j him what it means, and even the law ' yer can only guess what the suit Is all j j about. Again. It has recently happened and lias not been infrequent I that in litigations over tbe right to ' offlce In a municipal corporation— a town. city, borough or township or In a private corporation, railroad oi business corporation— the party comj plaining lias asked for a writ of cerj tlorari and the court has thought he 1 ought to have asked for a quo war- ' ranto or a mandamus. He has failed ' without even having the merits of the , case considered, merely because he has failed to nse the proper magical t words, Jusi as the man in the story said Open. Barley, when he ought to j have said < >|^n. Sesame. Apparently 1 the draftsmen of this amendment have had this and similar troubles in mind and have, therefore, empowered 1 the legislature by statute or tbe su- ' preme court by rule to prescribe mere practice 'and procedure. Probably this (tower would be exercised in the first instance by the court, which Is more familiar with the difficulties that arise and can act more promptly and effectively, but the court . is made subject to tbe legislature and if It goes too far can be brought back and If It does not go far enough can be stirred up. At the time our present practice and procedure began ths law was more technical than now. and a man had no right unless he could find

greater simplicity end" a » old tarhntokb ' Itiee, but It does not alter any legal \ lature to do so. It merely relates to I questions of the method of procedure. Paragraph 3 contains a similar provision as to the practice and procedure the chancery division. Probably there is less need of reform here, as ths court of chancery has neTer thrown a man out of court, if he had u good case, merely because be had failed to use certain rosjk—t words. He did not, for example, lose his case because he asked for an Injunction when was not entitled to It. If be asked for gensml relief un& provad hlmsslf entitled to do something, ha got what was entitled to. Tbe trouble hare been that often s man would have . a good case, bnt would be thrown out of court because of peculiar systam, result of the historical development of chancery procedure out of the law and the development of what Is called procedure at law out of the English common law. Tbe main difference between the courts of chancery and the courts of law baa been that the former tried cases without a Jury aud said to a man you must do so and so or refrain from doing so and so. while tbe latter tried cases with a Jury nud never said to a man be must do or not do a particular thing, bnt only that he mast pay damIf he failed in his duty. Now, often, happens that In order to do complete Justice the court of chancery onght to make a man pay damor a court of law onght to tell him exactly what he should do or not do. . To accomplish this at present requires ! two suits, one In chancery, one at law. Then, again, it sometimes happens that a man makes a mistake and ' Into chancery when he ought to proceed In a court of law. It Is these difficulties which seem to have led to the adoption of paragraph 6 of section This paragraph authorises ths sucourt to provide by rule for the transfer of a cause or Issue (which the sadle thing) from the law to the chancery division, or the chancery division to the law division, or from the county court to either division, and for the giving of complete legal and equitable relief in any cause in the court or division where it may be pending. The object j Is to have the whole matter finally settled in one suit. Paragraphs 4 and 0 of section 6 hardly seem to need explanation. One requires a justice of the supreme court 4o hold courts in the several counties That Is done now. The other authorizes the legislature to alter the powers and jurisdiction conferred on any court since 1844. This date is fixed because our present constitution, which was adopted in tbtt year, preintact the then t listing Jurisdiction. But for thi i provision It might be said that the legislature could not hereafter change tbe powers which the courts now have in 1900. Tn short, this paragraph seems Intended to preall .the present rights of the legislature to change the power of the courts. Stated briefly, the object of section 5 seems to be to simplify and expedite legal proceedings Poor Old Dad! "I understand tbe bride's father was overcome bv his emotions." "Tes. He could only utter a few feeble checks."— Washington Herald. The Rigor of the Game. Knlcker— Does he eat pie for breakfast? | Bocker— No. He earn breakfast for

I pie.— New York Sun. Mean Paopls. Henry Rnsseli, the bead of the- Boston Opera, was describing his foreign tour In search of talent j "They were mean people," he said of the singers of a certain city. "I j could do no business with them. They ! thought only of money." i Mr. liussel. smiled. | "They were as bad as the man who discovered the Blank theater fire". "The first intimation the box offlce had of this fire came at the end of the third act from a fat man who bounded down the gallery stairs, stuck bis face in at the ticket windowr-A»d shouted breathlessly: " 'Theater' tf afire! Gimme me money ' tin nl* f —

Braun (finding bis neighbors in IM midst of a domestic quarrel) — Bnt wbql -are you doing tinder the bed. Tips? *• Tips— Looking for a mark that we lost aren't X, my dear? Mrs. Tips— Yea. but yon can come out now. You can look for It again after Herr has gone.— Fliegtnda j Blatter