Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-01-31


should be abolished. and time and again said so.
The salaries paid 20 Common Pleas Judges did
q and could not secure the best talent Unless /
the Judge (as was the case in his Disirct) was a
wealthy man, he could not afford TO occupy seat /
on the Common Pleas bench. He was in favor /
OF increasing the pay of Circuit Judges and in I
creasing the circuits The salaries OF Circuit /
Judges should be At least 81 900 per annum. |
Less than that would not secure the services Of
the best legal minds. He hoped a direct vote
would be had. he believed n majority on this |
/ floor we're in favor of abolishng the Court of
Common Pleas and doing away this multiplicity |
of courts. which only impaired the dignity and
efficiency of the judiciary OF the State.
Mr. Ray would offer a few remarks on the pro- |
prety of sbolishing the Common Pleas Courts |
The gentleman from Harrison Mr. WoIfe ad- !
mitted the objections urged against the Common
Pleas system and that reform nerded. We I
have two Courts of common jurisdiction If the
ends OF justice can be as well subserved by one
Court as by two, and if the expense can be
reduced % or 80 per cent. is il not right and is
il not policy to do So Mr. Ray thought the argu-
ment that certain class OF lawyers advocated
abolishing the Court for interested motives Was
hardly worthy of the attention of The Senate
The peop's were satisfied with the old Probate
system. liz was cheap and fair system The
Common Pleas Court a thing 20 the
people, and 1t was an increased expense without
/ Courts knew little or nothing of the condition of
the estates in the counties They issued citations
and taxed the cost, and that is all they did The
Clerk and the Attorney settled the business. He
compared the method Of doing business by the
I Probate Judges They public administra-
tors, and kept posted on the business before
them. Put this business in the hands of Courts
having criminal and civil litigation and what time
has the Judge to give attention to the settlement
of estatesi
| Mr.. Wolfe: Would not the same objection hold
good if the business was in the Circuit Courtl
Mr.. Ray said it would. In that respect he diff
! fered with the gentleman from Fayette, Mr.
Claypool He wanted the Common Pleas Court
abolished. He wanted the probate business given
into the hands of a clerk or surrogate, to be open
when other public offices of the county were
open, when people could be accommodated at all
times. AS 1t Is the time OF the court is taken up
with htgated cases. and the probate business
comes in rs a sort of side bar and it is done mp
by the clerk and the attorney independent of the
Judge. who is occupied with other business. III
he WIS deviSlng system for the benefit of law
yers, he could not think of "A better than the one
now in existence.
| Ii is admitted by Mr.. Wolfe that the criminal
business of the court shameiully misnaL
aged He would remove it to the Circuit Court.
tie would accept this if he could not do better
But he demanded more, a greater reform, aud
the people would vet demand it. This court was
fastened upon them by restless politicians, who
were always urging chnse He was willing to
increase the pay of Circuit Judges under the
present deprecated state of the currency but he
would require the Judges to work. Let them
hold three terms of the court, If needed.
He spoke of the Prosecutors as in general ut
tery useless under the double headed system, but
contended that il there was only one set OF such
offices under u court of dignity, with sole juris
dlction. that competent talent would be secured.
Make the office an honorable and reputable one,
and the hucksterlng and brokerage OF the crimes
ofthe country, now so much complained of. would
disappear.
| Mr. Ray conteuted that it was no argument in
favor of the present system .hat better one was
no, presented. The gentleman from Harrison.
Dir. Wolfe, an able and ingenious lawyer, as he
Is. could devise one. Give the probate business
to the Clerk, give it to a local Surrogate. He
opposed circuit. travelling Surrogate The
business should be in the hands of parties who
could be accessible at all times.
| The hour having arrived the Senate adjourned.
AFTERNOON SESSION.
| The President called the Senate to order at
| o clock.
| Mr.. Ray said, in order that the question pend
ing should have more mature Considerations and
he returned to the Senate when il was more full
than at present, he would move the reference of
the resolution to the Judiciary Committee to act
in conjunction with the Judiciary Committee of
the House to consider the expeGiency of abolish
ing the Court of Common Pleas and if abolished
To present substitute.
| Mr. Wolfe opposed the reference He simply
offered the resolution 10 get expression of the
Senate, and the reference would defeat that ob |
ject He was willing to postpone the considera !
ton of the subject. but he wanted direct vote
| when vote taken.
Mr.. March was re ,dy to vote on all these Iropo
sitons now He could not agree with the gentle
men who asserted that the court Was Useless or !
inefficient. The Judges would compare favora- |
bly,, for legal ability and moral worth, with the
Judges of the Circuit Court The convictions |
Tor crime in these courts had been as numerous as
in the Circuit Courts
Mr. Ray--Does not the history of our criminal |
trials show that over seventy convictions have
been made in that court that could not be legally
sustained?
| Mr March-With ali that it was the cheapest
| and best system II Is secret tribunal, like
the Grand Jury svstsni. 1t was not place sur
rounded by guards where men could go to vent
Their malice against their ueshbor> He did not
believe IN tie theory advanced here that II re-
quIred large salaries to the best legal tai
ent. The history of the judiciary in this State
does NOT prove the assertion. Tie wanted to know
what system would be substituted when YOU tore
down the one under debate. Ii was easy tear
down, but often difficult to build up He would
not vote 10 abolish the present until he
what substitute would toe offered
| Mr. Melett regarded this as IA test vote, and
! simply voting for expression OF opinion did
not commit Senators to any substitute. 1t IL
was iound that the court was to be abolished
then gentlemen would present their plans of "A
substitute, as many of them had minated they
wouid DO
Mr.. Cobb had not spoken on the subject, and
did not intend to now. he Was prepared To vote
now. The subject had been debated at great
length, and he moved 10 lay the motion to com
init, with the instructions, upon the table.
| Tie motion to table was carried-ayes l9,
nays Is.
Mr.. Ferguson thought that the gentlemen who
wished To obtain direct had taken the worst
possible way 10 obtain it. a these reso
lutions either way would moi, in MS opinion, be
test. Let resolution be introduced 10 abolish
the court. and vote on that at
| Mr.. Cobb moved to lay the resolution aud the
several amendments on the table The roie was
put Mir Melletts amendment to abolish the
civil jurisdiction of the court which was tabled
by vote of ayes u, nays IL.
The vote on the last branch of the proposition
was taken first, which the expectancy of
aboiiShng the civil jurisdiction Ut the court.
The vote stood ayes % nays H. 50 il was tabled
The vote to table the first branch OF the resolu-
ton stood ayes 10, NAYS Il
Nr. Mellett moved 10 amend by striking out
all after the word resolved, and insert THAT
it Is expedent TO abolish the Court of Common