The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-17
Afternoon Session.

nays 40.
Then came recess till O'Clock
Afternoon Session
| Mr. Wright, from The committee on the judi
eiary, reported back Mr.. Smiths H. b. No 1O1
! To amend section 62s of the civil procedure act
The report was eoncurred in.
Mr. Wiley, from the same committee, reported
Dack Mr.. Gilrnan's II. i. No. 10, declaring agree
| lnent to pay costs OF collection and ATTORNEYS
| fees contained in any bill Of exchange, accept
ances, drafts. promissOry notes, or other written
evidences OF Indebtedness, Illegal and void, and
making IL the duty or the owner, when suit
10 brought for collection, to render Judgment ac-
| cordlngly, with the recommendation that the
same pc indefinitely postponed
Mr.. Gilman said: Mr.. Speaker, my objection to
! the report Of the committee to POSTPONE lndeh-
nitely, is that the interest of the people both
creditor and debtor, and the attorneys them
selves, demand reform in the attorney-fee law rs
at present administered. The party paying is
| certainly as much interested as the party re-
! celVihg fees, while at present only members of
the bar have any thing to say in the matter, and
IL Is said by the best attorneys that the present
| practice Is demoralizing to the bar, ana the
TACT that an opinion prevails among the people
that the practice is wholly caused by lack OF
conscience on the part of attorneys themsel yes
by the abuse of their privilege, and by their ex-
tOrtlon- The law at present provides against
attorneys fees, but the bar have set it aside on
technical grounds and disregarled the spirit of
the law because it clashed with their interests
concede that attorneys should be paid for their
SCI Fi ne Dut tnaI laW should be administered
TOT the protection OF all instead of the few.
move, sir, that the bill be rccommitted, with in
struct1ons to amend report.
Mr. Wiley said: / am fully convinced that the
action of the judiciary committee in recommend
ing tue Indefinite postponelnent OF the bin, in
troduced by the gentleman from Newton ponntv
was actuated by the firm conviction that the
principle by which parties permitted to
make contracts for tie payment OF attorneys
Tees under certain circumstances, is just and
eqnltlble While 1t is true the principle may in
some few isolated cases be s0rely abused, yet
mat Is no argument against its justice.
gave the Oil my earnest consideration, and
reported to the committee recommending its
Indefinite postponement, and my mmenda-
ton was unanimously eoncurred in by the COM
did were and are the following:
Inc rate OF interest nov current in this State
t c,, esonaDle money fan ne Dorrowea
at the maturity of the obligation. Men all over
this State borrow money at a rate of interest
ranging from to per cent, contract debts,
and give theiruotes as evidences OF such debts.
When these obligations become due the creditor
ia entitled to his money, and if the payers do
NOT Voluntarily pay them the payees are obliged
to resort to the laws to collect their claims.
Hence, these notes or other evidences
OF indebtedness have to be placed
AL labor, whether professional or physical,
shOuld be remuneratcd, aud the attorney max
ing such collections must he paid either by the
payee or payer. If by the former, then it takes,
as rnle, more to pay the attorney than the
amount of interest tiually collected. and the
payee of such obligation is the sufferer, receiy
ing or 8 per cent. interest and paying to his
attorney 10 per cent. for collecting his money.
The principle of the hill under consideration is,
70 my Iudullc5tly uilJusl, anu suoulu uOO
become law.
Mr.. Jeweit said am engaged in the prac-
tice Of law, and earn my living by it, but agree
with much that has been SAID by the gentleman
| from Jasper and Newton. 1 agree with HIM
| that the practice of rendering judgment for
| large ATTORNEYS fees upun notes and bills where
! the service of the attorney is trivial, has in
some cases, approached both cruelty aud eXtor-
ton, and done much to bring dlscredlt npon an
honorable profession. The practice mas not heen
/ pursued, thlnk, TO any great extent Oy leanlng
| practitioners, but has rather been encouraged by
banks, loan and huilding associations ana others
| who, having money TO loan, place these obliga-
| tions III the hands of their pets aud dependents
and allow them to reap rich harvest from the
misfOrtunes of others. But the gentleman is
wrong in asking that this class OF contracts
| he declared illegal without exception. IT, mn
! happily for u.s. the gentleman should die, and
his admins TRAITOR sold his real estate, the sd
ministraIO or would be prevented from providing
that If the purchaser failed to pay the purchase
money when due, he should pay the cost of col
lection. Nor would it be lawful for the guardian
| of the geutlemans children to take like pre-
caution against loss arising out of loan OF their
money in his hands, ! merely mention these
| things to show that there are proper cases for
argument to pay attorneys fees in notes and
bills If the gentleman Will move TO recommIt
| this bill to our committee, with Instructions to
amend the bill so as 10 make all agreements to
pay more than per cent. Illegal, and that no
| amount shall be allowed unless the amount has
| been actually paid, will vote for his motion,
and gladly assist in obtaining the proper action
in committee. deny that such attorneys fee as
| the gentleman speaks OF was aver allowed by
the Supreme Court and while it may be true
! that there are cases where the plaintiff and his
attorney divide the fee | am sure that no
! honorable lawyer ever did SO, and the reproach,
il any, should fall upon the greedy money lender
| who takes advantage of the necessity of strug-
CLING lawyers to make the discre0ltab!e arrange
| ment
The report was not concurred in.
| On motion of Mr.. Gilman the bill was recon-
! mitted TO the committee on Judiciary with in
| structons.
Tie committee also reported back MI Shock
news bill, II. B. No D. Il bill to equaiiZe the as
| sessment of taxes made by the boards of trustees
| OF the incorporated town OF Winchester, In the
| county OF Randolph, with recommendation that
the same he amended, and then that The bill 40
| pass. The report was cOnCurred in.
| Mr. Mock, from the committee on rights and
| privileges, reported back Mr.. Hendersons nil,
! II. B. No. l42, concerning public otfenses, with
| favorable recommendation. The report was con
| Cured in.
| Mr. Barr, from the same committee, reported
| back Mr.. Ant;ims bill, II. B. M. IL n bill for
the protection Of game, with favorable recon
| mendatlons
A minority report from the same committee
recommended that the bill be indefinitely post
poned
The minority report was rejected, and the ma
| iority report was cOncurred in.
NEW PROPOSITIONS.
| The following bills were introduced and re-
| ferred TO appropriate committees passed to a
| second reading;
BY Mr. Hanaon-H. b. No. 1876: To amend
section 81 of an act concerning public Ohenses
and their punishment Referred to the commit
| tee on judiciary.
By Mr.. Mauck-H 3. No. 1877: An act to
| amend section 1872 OF an act concerning public
| offsnses, being section 2,l0I of the Revised
Statutes. The bill passed to "a second reading.
| By Mr.. Hamtlton-H. b. No. l63: A bill estab-
fishing county courts, defining their powers.
| prescribing compensation OF Judge, etc. Bill
| passed to Il second reading,
BY Mr.. Robinson. of JacksOn-H. 3. No. 169:
| To amend section % of act providing for a
| general system of common schools. The bill
| passed to n second reading.