Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1851-12-18
HOUSE OF REPRESENTATIVES,.


HOUSE OF REPRESENTATIVES,
SATURDAY, Dec. Is, 1851.
The House met pursuaRtto adjournment.
Petitions Presented
BY Mr. Smith Of Spencer, from citizens Of Spencer
county; which referred to the Committee TEN.
perance with )u reading.
Mr English presented communication from Thomas
B. Wilson Of Scott county, the subject of the school
laws; which was referred TO the committee educa-
tion with instructions inquire into the expedency
passing law remcdying the class Of grievances alluded
in the communication.
Bv Mr.. Dolson. from ] f. johnson and others for
thu passage Of a law authorizing special Of the
probate court Of Owen county, referred TO the Judiciary
committee
Reports from Commitiees.
Mr. Beach. from the committee the judiciary to
whom was referred the petition cf s. Needham and
others for the location OF State road reported that
the prayer Of the petitioners be granted under the
constitution, and recommend IFS reference TO the
committee roads; which was agreed 10.
Mr.. Foster, from the committee roads, to whom
referred the petition of John Dye and others OF
Hancock county, asked be discharged from its further
consideration; which was agreed to.
Mr.. Cowgirl, from the select committee to whom was
referred the petition Of the Wabash and Eel River Plank
Road Company, submitted a resolution which was
adopted recommending the committee roads re-
port general plank road law extending the of all
companies that organized six years from the
time of fling their articles of association.
Mr.. Gibson offered the following resolution, which
adopted:
Resolred That the committee on public buildings be
directed to inquire into and report TO this House the
probable value Of the real estate, the sale of which is
recommended in the Governors message, the amount
annually expended by the State keep the in re-
pair aud the probable of the erection of building
commensurate with the Of the State and General
Government
Mr.. Brady offered the following resolution:
Resoired That deem it mex pcdent at the present
session of the General Assembly to increase the Judges
of The Supreme Court beyond the present number three
Mr.. Brady said he could necessity for in
crease Of the number Of the Supreme Judges, and he Of
ered the above resolution in order TO obtain express
sion Of the House the subject
Mr.. Gibson said the House had yet the inorma
ton before 10 Judge whether there any necessity
Tor increase in the number. In the course OF a few
days he had doubt the House would be in possession
of information this subject which would enable
bcrs 10 act uRderstandingy in relation to this matter
He aware that the idea prevalent among many
persons that the greater the number of Judges the
greater would be the length Of time consumed in the de-
csion Of cases. This impression, however, was not
true the business before the court was divided
among the different Judges that each examined and
reported upon separate cases. and hence if the number
increased the business would be greatly facilitated
He hoped the resolution would pass.
Mr. Brady said that if there was any necessity for an
increase in the number of Judges the Supreme Bench
he could not it. The Of the detention of final
action in many cases, created by the parties inter
ested who had them referred that tribunal for the
ostensble purpose Of stavng eff final adjudication.
heavy hurtlen, be said about being removed from
the Conrt By providing for Reporter which would be
additional expense and he could not see why the
business ST the could not be done with the present
number
Mr. Gibson said lie wished to correct mistake into
which the gentleman had fallen. The creation Of the
Office Of Reporter will create no additional expense as
he is TO receive no salary other than what he makes
from the sale of his reports. He said pay
ing Judge Blackford Si.00 for every volume of his re-
ports and instead Of there being increased expend-
iure in consequence Of the appointment of Reporter,
u would tend 10 diminish expenditures He there
fore moved to lay the resolution the table. Lost.
Mr.. Spencer said It is true that economy-and that
TOO Of the strctest character-shOud lie regarded by
this House. but in question Of this character may,
in attempting to little, DO great injustice 10 the
citizens Of the State who have been involved in litga
tIon IL IS well known that though Justice may have
been administered freely and without purchase CON-
pleteiy and without denial will pretend say,
far Supreme Court is concerned, that it has
been done speedily and.vhout desy; but on the con-
trary, lie delay has in fact amounted practical de-
NAL OF nstcc for in many where parties have been
solvent when has been taken to Supreme Court,
long decision could he obtained the party liable
has perhaps died. become insovent, Calilor
MA This state of affairs constituents do expect
MS tc continue, bat they do expect carry out in
good faith that provision OF the constitution which
requires that justice shall be administered freely and
without purchase completely and without denial speed
lily and without delay"
This delay has not been occasoned by the negligence
of Judges but by the amount Of business which has
been brought into that Court. Our Supreme Judges it
is well known industrious men, il has been found
utterly impossible for them keep up with the business
20 that unrequently after have been in the
Supreme Court for three four years. runous
been found undecided these Judges have
been found inadequate to the task and the interests Of
the State have suffered.
II has been suggested by the gentleman from Marion
(Mr Brady that there would probably be decrease
IN the bnsness Of the Supreme Court but find myself
compelled differ with him in that respect iasiead of
decrease there for believing that the
number Of aud of business will be mafer
ally increased instead Of diminished in that Court We
are about 10 organize under Constitution and
doubtedly great lumber of interesting and inn
portant questions will arise for settlement
addition IL will he necessary for the inferior Courts
act under a code. We should be like ship upon
the without ruddcr compass, holman chart
and would lie passing strange f inferior do
not often get out of the right track different state of
things may exist from what has but reasonably
be expected. The Supreme Court will be flooded with
questions arising under code and Consu-
ton and these questions it will be important have
speedily settled, and if regard the interest of
constituents must provide for the settlement Of these
questions promptly. Again, there additional dnties
posed upon the Judges of the Supreme Court. They
bv the COnstton, required to make memo
randum in writing Of the various points decided, which
will a matter Of course, consume much time. The
question then simply resolves itself into this: Can these
JUDGES under the Constitution, perform what they
could ur3er the odl Can they and especially when
there exists many circumstances TO lead TO the
conclgsion that their labor. under the Constitution,
will be materially increasedl II is matter Of too much
i'm perfaDcc dispose of in this summary way 1t is to
be hoped therefore, that the resolution will not be
adopted.
Sir. Mcdonald said the question had been inoppor-
iunely sprung uPrp the H0ase this morning, and be-