Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1849-07-12
From the Stale Journal.
Court Of Common Pleas.

Our Court Of Common Pleas will hold lis first term on the
second Monday in this month, (July) l understand that
Court is limited TO four weeks at each regular term, sits
twice n year. and may hold a ehaneeIy term extra Of two
weeks each year, if the business shall require il.
As this Court Is new TO our citizens, | purpose TO say a
word in relation TO H..
The object of having Court at all, is to do the legal tusi-
ness of The people, and whatever constitutional system is the
best calculated TO do their business, with the least delay and
expense, is The one TO be adopted add sustained. Our con-
stitution pTovides-Art. 8, Sec. L." The judiciary power
of this State, both as to matters Of law and equity, shall be
vested in one Supreme Court, in Circuit Courts. and in such
other inferior Courts as the General Assembly NAV, from
time to time, direct aud establish" That is, there can be
but one Supreme Court, but there may be any number of
Circuit and other inferior C0lrts'to the Supreme Court, that
the Legislature may flom " time to time direct and estab-
Hsh.7 This section clearly authorizes cur Court of Common
Pleas, even if that Court had equal and concurrent Jurisdic-
tion with the Circuit Courts, both in civil and criminal cases,
which il has not. Nor does the clause OF the constitution
that provides that " the clerks of the Circuit Courts shall
be elected by the qualified electors in the several counties, -
affect the question, the Judge Of this Court is ex-ofhcio CleIk,
as is a Justice Of the Peace ex oficio his own Clerk, but
neither are " Clerks I" of the " Circuit Courts" and there
fore not within the constitutional provision.
The object and advantages Of our new Court, | propose TO
l.. Il separates The civil and criminal business, as il has
no criminal jurisdiction.
2. 1t gives TO the people The election, to bring their suits
in and take their appeals from justices to either Court, each
Court being held twice every year.
3. II gives 10 suitoTs an opportunity Of having a speedy
trial, without the exirs delays and costs which incidentally
occur when all the business, both civil and criminal, Of a
C unity like ours is crowded into one Court.
4. 1t will save suiiors from tho ruin that follows the de-
lays Of trial in the costs Of witnesses, attending from day TO
day during the term, for the want Of time, and al the end Of
the term continued, with all the costs 10 be incurred over
again At the next term, beneftng no one but the offers of
the Court; as the criminal business in this Court will not
interfere with the tlial a civil causes, as it does in the Cir
cult Court and especially will il be beneficial in appeal
eeses. a class Of case. that shosIa always be tried at the
first moment that they are called. as the costs in such cases
frequently amount to more than the other matters in eOniTo-
vsrsy.
s. Our Courts are situate at the seat Of government, where
we may expect that iheIe will be more criminal business 10
interfere with our civil cases than in ordinary counties. as
the criminal matters DOW stand, they having precedence over
civil causes, ii is always impossible to get along with the
civil cases, and we may look for an increase Of that kind Of
business with the giOwth Of our city. II is therefore very
important to have Q Court that cannot be embarrassed with
criminal cases.
In Cincinnati and other places. wherever this system has
been adopted and fairly tiled. the greatest benefits have in
every instance resulted from IL, aud there has been no in
stance where il has been abandoned after being fairly tried
indeed if all the people Of Marion could have been present
Mt the last term Of our Circuit, Court. and could have seen
the number OF causes, and crowds Of Witnesses that were
postponed from day TO day, and had finally to 60 over TO the
next term, with all the costs 10 be Te-incurred, bu one opin-
ion would prevail as TO the absolute necessity Of the Court
Of Common Pleas.
II may be expected that I should say something about the
comparative costs OF expenses to the county in doing the
same amount Of business in the two courts.
/ therefore affirm that il will be less expensive to the
county to do the same amount Of business in the Court Of
Common Pleas than in the Circuit Court. The proportion of
the salary Of the President Judge Of the Circuit Court, which
is paid indirectly by the tax payers of the county, and SIX
dollars per day for Associate Judges, are entirely saved by
the Common Pleas system. The expenses Of books, paper
lights and fuel, would be the same, whether The same amount
OF business were done in the one Court or the other, as whal
business is done in one Court will not have to be done il
the other and Of course the Circuit Court will not have td
occupy the time that il takes the Court Of Common Pleas e
do the business that would otheTwlse have 10 be line by thu
Circuit Court, and require that Court to sit so much longer
The Judge is ex oliciO his own Cleik, but the suh0Ts oBly
pay the same fees they would have to pay the Clerk Of The
Circuit Court, il the business were done in that Court; ana
il is very immsteTial to the suitors and people, who pockets
the Clerks fees. whether the Judge Of theCouit Of Common
Pleas or the Clerk Of the Ciicuit Court.
Let our system be fairly tried and the result must prove
satisfactory 10 our people. 3.