Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1842-02-15
COURTS IN THE FIFTH CIRCUIT.

Boone and Hamilton. | have considered IL proper
'aus early ana publicly, u inform sultors IA those
courts, and ali Others Interested that snail pro-
baby not feel At liberty II preside IN either Of them.
The act approved Both Janulry $50, entitled
.as act u tx the the time of holding courts in tie
jl Judci circuit directs that the courts on Han
cock county, (where the circuit commences shall
be held on the third Mondays q february aud Ia
gust, and may ST nine days.
That in Shelby il shall be held on the Thurs
DAYS succeeding the courts IN llIncock. and may
ST nine days -
In Bartholomew. on the Mondays succeeding
Shelby, and may -. SIX days.
In Johnson on the Mondays succeeding Barthoo-
new, and may st nine days.
L. Morgan on the Mondays succeeding johnson,
and may stu.ne days.
In Hendricks on the Mondays succeeding Nor
gan, aud may ST twelve days
In Boone. on the Mondays succeeding llenIrckS,
and may - six days, and
In Hamilton, ou the Mondays succeeding Boone,
and may st d day..
/ find IN the Secretarys office act passed by
the Legislature which has Just adjourned. amenda-
tory OF the above mentioned act,-makng the JOHN
son court succeed that of Shelby. and the Barthoo-
new court that OF Johnson, and giving 10 Bartholo-
new a :erm oftwelve days, and h johnson SIN
This latter act moreover attaches Morgan county
10 the 10Th circuit: fixes the tunes Tor holding
courts in that county, on the I'd Monday OF Feorua-
~ and August.-allows 1t term OF twelve days -
aud repeats all laws and parts OF laws IA any man
ner conflicting with any oi It's provisions. 50 tar a.
the counties %: Johnson, Bartholomew, and Morgan
concerned.
1t VIII be noticed that by the two laws referred
to- the Hancock and Morgan courts commence the
same dag. aud rs the act OF $50 makes tie court
IA Hendricks. 10 depend upon and follow the court
in Morgan. aud the act lately passed not altering
this arrangement, at all events not expressly, II
follows. that if the two acts TO be literally
si,o ilaf.
will be sitting at the same time that the Shelby,
Johnson and Bartholomew are. But If the effect
az the repeating clause OF the late law be II strike
from the of l. 10, all that relates 10 the courts
IN Johnson. Bartholomew aud Morgan, would there
be any mode, ] mean any safe mode OF determining
when the Iiendri ks court shall sit!
am answered by suggestion from some of my
friends, members of the bar, for whose opinions
terrain all due respect, that the OF I>lO al
lowed just weeks for the holding of the courts
that preceded Hendricks, the that county
might still be held at the same computed period, -
that Is, seven weeks from the Sd Mondays of FEB
ruary and August VIII ch would make Hendncks
succeed Bartholomew, instead ot Morgan, and ere
ate "A week IS vacation between the two.
The suggestion although piausl bic, appears to nae
to be unsafe to act upon 10 adopt IT. recourse must
first be had 10 that most dangerous and justly de
precated expedient-judcIal legislation. There Is
ambig guilty either OF the acts. That OF 1910 re-
quires the courts IN Hendricks to be held ION the
Mondays succeeding the courts IN Morgan That
OF l~I2 fixes the times Of holding the Morgan CIR
cut court on the Sd Mondays OF February and Au
gust.
Il does therefore seem to me, either that the
courts IN the circuit must clash, n that none can
be held In the three before mentioned counties.
Ifdlierent courts IN the same circuit could be con-
stltntonaiy held at the same time, aad could CON
slider the late law as sanctoning such principle,
| should feel bound TO be at the tall terms OF such
this spring. But my present impression Is, that Il
law that would necessarily exclude the president
from a seat the bench of any circuit court with
in his circuit, would be unconstitutional.
| am aware that courts may be held IN the ab-
sencc of the president. l however consider that
provision OF the constitution to have been des gncd
TO insure the holding OF court, when he M gat.
from some accidental cause be absent, and not as
intended to authorize legislation competing HIM To
be absent.
Ifftco courts can be held in a circuit at the same
time, then ali be held and consequently
Tint clause OF the constitution which provides that
- the circuit courts shall cact CONSIST OK yresUcaf
and two associate Judges" would be a sheer dead
letter.
am unwilling to suppose that the Legislature intend
ed either abolish the courts In Hendricks Boone and
Hamilton or 10 make their terms conflict with others IN the
circuit and fully admit that the laws should be 50 con-
sirued avoid both these consequences If possible
cannot however, after all the examination | have been
able give the subject discover how this can be fairly
and satisfactorily done.
The sole object of this communication being 10
explain the of action that shall In all ro3a-
O.iity be compelled 10 adopt relation to "A subject
that will naturally excite attention, and be the
foundation Of remark, torbcar to say more than
what / have deemed necessary for my own justiii-
cation IN the premises
1t must be obvious to all informed persons that
the consequences OF holding n court not aafhorised
by lar. would be too monentous to warrant an eX-
pertinent. Al that rlI 1t be done would b. utter
ly void. The individual members of the court. as
well all officers acting under their authority
would only be liable trespassers to every per
son whose liberty or property ight BE- affected but
If a case should occur, m ght be subjected to the
sevcrcst penalties known to the criminal code.
JAMES MORRISON
INDIANAPoLIs Feb. 10, I-I2.
THE lioosIER STATE AGAINST TIE WoRLD FOR
BIG CoRN. nc lIoGs AND BIG DoINGs OF ALL SORTS.