The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1869-01-11

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! Constitution, as much q territorial
subdivision of the State as is a coun-
ty;. and that it is as impossible, con-
| stitutiOnally, to have one judicial cir
cult within the boundaries of another,
as 1t would be to organize one county
within another.
| If this be So the Criminal Circuit
| Courts are not Circuit Courts" within
the meaning of these terms as en-
ployed in the Constitution. but can
only be sustained as belonging to the
class OF inferior courts which the
Legislature may establish at its discre.
ton. But If these courts are inferior,
and not Circuit Courts, the terms of
he judges cannot, according to the
| Constitution, exceed four years. The
law, however. establishing the Grim
lnal Circuit Court does not prescribe
the terms OF the judges thereof, but
assumes that they are Circuit Judges.
and therefore entitled TO hold
for the constitutional term of four
years. A matter of so much inn
portance ought not to depend
upon legislation as to the constitu-
tIonality of which there is any doubt.
therefore recommend that the law
be so changed as to make these courts
inferior courts for the counties for
which they are provided, and pre-
scrlblng four years as the official
term of the judges; and providing tor
their establishment In other counties
where the population and business
require that the Circuit Courts should
be relieved of their criminal jurisdic-
ton. sIhe time will soon come, if it
has not already arrived, when the
public interest will demand a remod-
cling of our judicial system. The wis.
dom OF having two courts in each
county, whose jurisdiction is so nearly
concurrent as is that of the Circuit
Court aud the Court of Common
Pleas, aud whose terms it Is so diff
cult to arrange without a conflict,
and without Inconvenience to the
bar, is more than doubtful. If we
desire to increase the efficiency of our
judiciary, we must have fewer Courts
possessing so nearly the same jurisdic-
ton, and must better remunerate our
judges. With courts of exclusive
criminal jurisdiction In our more pop
ulous counties; diminution of the
size of our judicial circuits, and a COR
responding increase In their number,
and an increase In the terms of the
circuit courts; and with proper divi-
sion OF the probate business between
the clerks III vacation and the Circuit
Court, and the Court of Common
Pleas. the State could afford to pay
the Circuit Judges more adequate
compensation.
The increased and increasing
amount Of business in the Supreme
Court, suggests the necessity of some
legislation that will relieve that trib-
unal OF portion of the cases that
will soon crowd its docket, and dis
courage all efforts to dispose of APP
peals within reasonable time after
their submission.
AS the jurisdiction of that Court is
| now regulated by law. either party to
an action may appeal from any final
Judgment OF the Circuit or Common
Pleas Court, except in actions
originating before Justice of
the Peace or Mayor of a city,
where the amount In controversy, ex-
| elusive Of interest and costs, does not
exceed ten dollars. In my opinion,
the time OF the Supreme Court ought
not to be occupied Ia trying cases
where the amount involved cannot, IN
the event of the success of the appel
liant, justify the expense of the litga
ton. [ therefore recommend that
the appellate jurisdiction of the Su-
pTeme Court be limited to cases W here
the amount in controversy Is one hun
dred dollars aud upwards.
| also commend to your serious
consideration the propriety of in-
creasing the compensation allowed to
the Judges of that Court. 1t Is not
credtable TO the State that our high
est judicial officers should receive
less for their services than is allowed
to many county officers whose duties
arc purely administrative or minister
| al, and for the performance of which
no previous professional training is
necessary. A cheap judiciary will, in
| the long run, prove to be more expen-
sive to the public than one that Is adj
equateIy paid.
AGRICULTURE.
The report of the State Board of
Agriculture, for the years 1867 and
| 1868. will be laid before you. 1t is
believed that this board is doing
much to promote the agricultural in
terests Of the State, upon which all
other interests so largely depend. AT
| present there is no means of collecting
| aud disseminating statistical informa-
ton as to the agricultural, manufac-
| turing and mechanical products of
the State. IF we desire to compete
with other States in attracting capital
aud inviting immigration, some means
must be used to make known what we
have already accomplished, and the
vast resources of our State which still
remain to be developed. A statis-
| teal department might be connect
ed with the State Board of Ag-
riculture o: with the Office of
| che Secretary Of State, and it is be-
| Iieved that the small outlay which
! this would occasion would soon be re-
paid by the increase of population
and capital which would ensue. Our
| large coal aud iron interests are almost
unknown beyond the borders of the
| State, and even our own people have
no adequate idea OF the extent OF
these in erests. No State has greater
opportuuities aud capabilities than our
own for multiplying and diversliying
| her Industrial productions. Ii we
shall do our duty IN adver-
| Using our resources so as to at
/ tract manufacturing capital to our
! borders, we will soon have a nome
market for our agricultural produc-
| tions. instead of being compelled TO
| nav high rates of transportation TO
carry them to distant markets. As |
means 10 this end. a thorough and |
scientific geological survey of the |
State would seem to be a necessity. |
S,oh srryev has been repeatedly !