Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1849-07-19
Volume IX#.=%:N Number 6.
For the Indiana Siate Sentinel.

MR. EDIroR.-A writer over the signature of = D." in The
Fri weekly Journal Of the Oh inst, has endeavored TO excitea
popular prejudice against the Marion Court of Common Pleas.
by a spacious, but idle attempt TO show that that court Will
be productive Of " useless litigation, /" an unnecessary charge
upon the county, Is unconstitutional and in deprivation Of
the right OF The peorle TO elect C amPeient officers Whether
some reasons which did cot appear in that article, but were
merely personal TO the wTiter-afecting, in a peculiar de-
gree, his sensitive pocket-ncrve@ shall not stop to inquire.
| propose 10 prove thar all of the writer's propositions are
erroneous.
First. The constitution of our State provides that ' every
person, for an injury done him, in his lands, goods. person.
or reputation, shall have remedy By due course Of ldC and
right and justice administered WithOut denial or delay. iSee.
IL What then is " u.eless litigation ?" Is it exciting
" useless litigation I" to afford to every citizen speedy redress
for wrongs for which the constitution has provided that he
shall have remedy. by ldr, without dental or deldyE And
is it dispensing with useless litigation 10 have courts so or
ganized that the prudent man and the poor man will be
afraid 10 prosecute for The redress Of wrongs in them, lest,
from inevitable delays. she costs, il the issue should be ad-
verse, or the defendant break up, would not only deprive
them OF heir redress. but eat up their estates With great
Difference to {" D." il appears TO me hat " useless litigation "
occurs where a court, from the mode Of it, o. ganiZaticn, or
the duration of its terms, compels parties, unnecessarily, TO
appear from day TO day, and tom to term, with their wit
nesses. at Tuinous costs, and to meet each other frequently
at the bar and ove'hear the Disputes Of counsel, whereby
The most angry feelings are constantly engendeTed. The
dispensing with " useless litigation /" would appear to me 10
occur, where a court was 50 organized that causes would be
tiled, with almost perfect certainly, on the day for which
they we're set. where coniinuances would only be allowed,
when the rights oil the parties were shown 10 urgently de-
mand them, and where the parties should meet each other
but once, and the cause be then tried with he least possible
costs. Let US see then, which would be least calculated 10
promote ' useless litigation "-the Court Of Common Pleas
or the Circuit Count. The Court of Common Pleas has no
jurisdiction Of criminal offences; the Circuit Court has jufis-
dicrion Of all the offences Of a high grade and the consti-
tuition provides that acitizen arraigned for a criminal offence
shall have a " speedy public tiial." The Circuit Court feels
bound, under this constitutional provision, to suffer criminal
cases TO be called up for trial at any time, when a civil case
is not actually on trial. The consequence Of this is, that
criminal cases are ever Unexpectedly intervening, and get
ting precedence over the civil eases, on the days for whieh
the civil cases are set and civil cases are consequently
obliged to be put over. and the parties and witnesses 10 at
tend from dy to day,-increasing in number every day as
n parfioS NJ Cr fh1 dau qa do 70 n xphn
are in attendance upon the causes Of the preceding days so put
over-uniIl not unfrequently from 100 to 300 witnesses are
in attendance, with overwhelming and ruinous costs to the
parties. Thus too. in nearly every civil case some one or
two material witnesses are worried cut, and fail to attend.
and the case when called up has TO be delayed and baked,
until the witness or witnesses can be brought to court on at
tachment and thus likewise a multitude # men have to be
kept away, day after day, from their farms, shops, and en-
Payments, for a paltry compensation to them. Tuinous though
il be TO the parties. And why is all this Because the same
court has criminal and ciUii jurisdiction, AMI the criminal
causes hare the preference. | am told bv a late Judge of the
Marion Circuit Count (whose name will be given il neces-
saTy) that he has known criminal cases to intervene and put
over civil cases raady for t,ial, so as TO cause costs TO accu-
mulate against parties ltigant at the rate Of 81 900 a day !
and / have seen a letter from the Judge Of the Court of Com
mon Pleas of Tippeeanoe county, showing that from such
circumstances, in an appeal case fIom a Justice of the Peace
to the Tippecanoe Circuit Court, where II witnesses were
in attendance in the Circuit Court, and judgment given for
one dollar, the costs of the case amounted to S397:2i and
the judge adds that in a precisely similar case in the Com
mon Pleas Court, where eight witnesses wee in attendance,
the costs amounted TO S36:S0 adding nine witnesses more
to make the number equnl to that Of The other case, would,
II e says, nav IbC4ed>cu Tue 10 C5J.ob lbus UiahiuS
in this single case. in the mailer of costs. a difference in ia
vor Of The court of Common Pleas of a little over $3.50.
But " d !" says the multi iplicity Of courts always increases
litigation ard costs. / say they do not. Will he. or any
ore else, pretend that tuo courts, of like civil jurisdiction,
equal in expense, and located at the same place, would be
productive Of any more litigation or costs, than ore court,
of the same jurisiicI ion, sitting as frequently and as long as
both together? But il " d." is so opposed TO a multiplicity
of courts. be would Of course q for %abolishing the Office Of
all the country Justices of the Peace. and establish one JUS
tees Office in totcn to do the business. Or if il is so i'm
portant To deter citizens from commencing suits, by The pros
pect of Iuinnus costs ard inteIminahle delays, and thus COM
polling them to I" compromise % and sc se'tle.' Except the
hesdsiro1g, who will fight il out in spite Of delay or COSTS
why, then, it would be best TO abolish all courts and compel
citizens to " compromise +" and SETTLE upon terms to be
dictated by their adversaTies, all wanton wrongs which have
been penetrated against them. O, yes abolish all courts :
What silly. old-fsshioned men the fameIs Of The constitu-
ton must, in DIS" opinion, have been, when they pro-
vided that erery person-Poor people inciudei-should have
redress for their wrongs, in courts of justice, without denial
or delay
But a D." thinks, il the court and bar do their duty, " the
Circuit Court with two terms and the time limited for its sit
ting, is entirely sufficient to do the legal business Of the
people" Well, if the Circuit Court does not do its duty. is
that not a reason why we should have another court that
will But that The time limited for the sessions OF the Gil
cult Court is not long enough, is evident from the fact that,
winter before last, when the legal business Of the county
was less than now, Robert B. Duncan, the intelligent county
clerk, and nearly the whole bar, petiIioned the Legislature
to enact that The Marion Circuit Court should hold three terms
a year, OF four weeks each, with a priyiso that, at the Janu-
airy team. the count might SIT as much longer as the business
thereof might require. And allowing for all cases which the
Common Pleas CoO,t has prevented from going 10 the Circuit
Court for its next October term, no intelligent man believes
that the cncuii court, with the riminal business on hand, will
be able to dispose OF the cases which will be on its docket,
al its next term. In fact, The prospect is that il will not be
able to dispose Of the civil cases now ready for trial.
But " ID " estimates that the Common Pleas Court will be
more expensive than the Circuit Court Let US compare.
The Common Pleas Court has no associate judges. Esii-
mating the terms at four weeks each. here is a saving, IN a
year, over the Circuit Court, ia this item, Of S2SS. In the
Circuit Court, on account Of the criminal business, the Sher-
if employs six baiIif., at $3.50 q day, for at least three
weeks in a tenn ; in the Common Pleas Court. he saws he
will need but one making a difference in favor Of the
Common Pleas Court Of S270 a year. Here is a direct saving
to the county of S55S a year. And | may add that the Judge
of the Court Of Common Pleas Of Tippeeanoe county, whose
u~prightness and veIacity could be questioned by none who
know him, says, in his letter above referred 10, that the cx-
pense of that court 10 Tippccanoe county is less han one
half Of that of the Tippecanoe Circuit Cosrt. Taking " d 5"
estimate OF The expenses OF suitoIs 10 be correct for the Cir
cult Court, it can safely be estimated that the expenses will
be much reduced in the Common Pleas Court. Lawyers will
charge less-say 50 less on each side Of a case-because
suits will be tried promptly and fees realized ~early-making
here a saving over the Circuit Court OF $500 a year. The
clerk of the Common Pleas Couit win get, by reducing the
continuance and other entries and the number Ct attach
ments and other wits issued, on an average, ST. less in each
c~ase-making here a saving of 5000; the sheriff will, from
the reduction OF The number of attachments to be issued,
from causes before referred to, get at least $40 less the
witnesses, by the causes being generally tiled on the day
for which they are set, will get. at least, one fourth less,
making a saving here of $500; the parties will save at least
one half of the time they usually lose by attendance at the
Circuit Court. thus saving 10 themselves, say $3.50 a case,
or in all, 81 1000. Thus. allowing for the Judges compensa-
ton, there will he an actual saving to suitors in the Common
Pleas Court, Of. over $1,000 a year; and a saving 10 the
county, in two items. of 1858 a year.
Third. Judge ID" oil override the opinion of the
Supreme Court, and decide these Common Pleas Courts 10 De
unconstitutional The laws creating both OF those courts
are public laws, and the courts are bound 10 take notice Of
them without their being pleaded, and the Supreme Court
has formally entertained an appeal from the Tippecanoe
Court of Common Pleas. Would The Supreme Court enter
tain an appeal fIom a court having no jurisdiction to try
csusesl But be says the constitution provides for circsit
and inferior courts. That is not true. The constitution
provides for "cScuit and other inferior courts" Art 4,
secs. and A not satisfied with these objections he insists
that the court is unconstitutional because the Judge is made
clerk OF his own court, and receives emolumenis as Judge
and clerk. answer a Justice Of the Peace is clerk OF his
Dwu court and receives emoluments as Judge and clerk. For
every inuestigdtion Of q Iiminal proceeding upon oath. be