The Indianapolis journal., 1883-02-27

Relating to county, State and other officers
ana the paying over by them OF all money in
office.
To lcgalze the Incorporation of the town Of
Waynetown, Montgomery county.
FEES AND SALARIES.
Supplemental to an act fixing fees OF certain
officers, etc.
Mr.. Heffren offered an amendment: That the
clerk of the Circuit Court shall receive for at
tendance upon the Circuit Court the same per
diem allowed for attendance upon criminal and
Superior Courts
Mr.. Hehren moved that the amendment be
considered enGT1ssed, the bill to be read the
third time and put upon its passage.
Mr.. Moody-T heartily indorse the statement
OF the gentleman from Washington (Mr Heftren)
that some bill should be passed on this subiect,
but 20 further and say that bill should be
passed by this Legislature that will, in fact and
not merely in fiction, cut off constructive fees
This bill known the Voyles's bill is tub
thrown TO the whale, and is expected to quiet
the people in their demands for reduction Of
the fees of county officers. The gentleman from
Washington save he is satisfied that this is the
only bill that can pass this Legislature. / do not
know by what authority members insist that this
Legislature must accept this bin or nothing. The
committee on fees and salaries have carefully
considered House bill No. 3l6 and have been
ready to report 1t back TO the House for some
time, and desire to see the House pass this bill,
prepared as it has been by the committee anu
let the responsibility of its failure rest with
the Senate I trust the constitutional rule will
not be suspended tor the purpose of passing this
shain at the expense of all bills before the House
OH this question.
Mr.. Heifren was in favor of suspending the
rules. He was IN favor OF the other bin, but II
he conld nor get the other bill he thought IL
would he best TO take this one.
Mr.. Williams. of Knox, hoped that the consti-
tutional rules would not be suspended. He had
examined both bills and he believed the bill H.
b. No. 316, now in the hands of the committee
and ready 30 be reported, was much better and
wiser legislation. He did not believe and could
not understand why some gentlemen state that
no fee and salary bill could be passed by the
Legislature.
salary hill could be passed. He was in favor of
suspending the rules and passing this bill.
The motion to suspend the rules failed for
want OF a constitutional majority The vote
resulted-yeas 50. nays &c.
On motion by Mr.. Akin the amendment was
considered engrossed and the bill set down for
a third reading tomorrow at O'Clock.
The bill concerning the Supreme Court was
read the second time and referred to the com
mlttee on the organization of courts with in
struction TO report Wednesday,
The majority and minority reports from the
committee on the state-house We're sent up and
made the special order for O'Clock Wednesday,
and 400 copies Of the reports were ordered
printed
KILLING THE APPELLATE COURT
Mr.. Fraziers bin to create the Court of Ap-
peas was read the third time.
MI. Frazier, after stating the necessities that
caused the creation of the Supreme Court com
mission, stated that there could be no doubt
that the commission must be continued or an
Appellate Court created. This commission has
only reduced the number of cases before the
was OF the oninion that at least one-half more
business could he dispensed with by the court
should 1t be created than by the Supreme Court
commission. This bill strongly advocated itself
TO him as an economical measure, as it would in
the iarlous ways prove saving to the State of
some 81 l 900 per year. 1t would also save one
sixth of the time of the Supreme Court judges,
for under the commission the Supreme Court
judges expend about one sixth of their time in
reviewing the decisions of the commission. This
bull meets the approval of the people, and meets
the approval of two cut of the five Supreme
Court commissioners
Mr. Williams. of Knox, thought the bill should
not pass. 1t is too far from the people II Is as
high in its province as the Supreme Court itself.
Ihls Dill provides that IN all cases where the
amount does not exceed $4,000 it shall go to the
Court of Appeals. An examination of the mat
ter will reveal the fact that nine-tenths of the
cases before the Supreme Court do NOT exceed
that amount. Should the bill become a law,
this would be the only State in the Union that
has two courts of last resort. He hoped that
the bill would not pass, and that the commission
would continue for two years more.
Mr.. Jewett was of the opinion that that parh
of the constitution which says that Justice mus
be administered speedily and without delay is
not faithfully carried out at present. II must
be conceded that this bill must pass or the Su-'
preme Court commission must be passed He
knew that he voiced the opinion OF the majority
OF the people when he asserts that the Supreme
Court commission had been a failure. II will re-
quire more money to run the commission for
the next two years than to create the Court OF
Appeals and keep it running for the next two
years, He was in favor of giving the Court Of
Appeals fair test for the next two years.
Mr.. Ham was opposed TO the bill. He feared
that II this Court of Appeals created it
would he impossible for the people to get rid of
it, even though it proved an unsatisfactory ex-
pertinent.
Mr.. Wilson, of Marion, believed that the su
preme Court commission becoming more
unpopular every day. When the commission
was created it was expected that it would clean
nm the docket In two years, hut after a trial Of
two years they are only about 500 cases from
Where they were when the commission was es.
tabhshed We have now reached point where
we must continue that commission or create an
other court This court is Indispensable The
people want it. He was in favor Of it.
Mr.. Heffren-I have no right to speak for any
constituency but my own. I believe that I
know their wants. desires and requirements.
know that tney are opposed TO any Increase of
courts in this State. know that at every ses-
sion of the legislature propositions for new
courts are pronosed, and the cry is that the pub
lie business requires it. Whenever new office is
proposed there is always horde Of persons ready
and elamorlng for place where they NAV be fed
at the expense of the State. / am opposed TO
this bill, because it will not do what its sup
pOrters contend it will. Let this bill pass and
we viii never get rid of 1t. The people do not
want it, They already burdened with taxa
tion and demand relief This Will make no saw
ing. II the commissioners are continued for
two years it will expire of its own accord This
bill is one to omen the doors OF the treasury to
feed hungry officers as the expense of the peo.
pie, and hope 1t will not pass.
Mr.. Gordon was of the opinion that this hill
should IL pass, could not afford immediate relief
Tt could not try the 900 cases now before the
Supreme Court, it could only try cases. In
two years more the commission will at the
same rate have brought up the Supreme
Court dockets "a nearly as it is possible to he
done. He concurred in the remark previously
made that this court, should it he created
would assume nine-tenths of the business of the
Supreme Court.
Mr. Gibson stated that it was a mistake that
this court would get nine-tenths of the work Of
the Supreme Court. This question was carefully
considered by the committee which divided this
work so as TO give about one-half of the work to
the Court of Appeals and one-haf to the Su-
prene Court. He was informed that the Supreme
Court was against the commission and was in
favor of the Court of Appeals. He thought the
the bill had better pass creating this court.
Mr Patton thought the hill was very fair and
very reasonable, and that it would give great re-
lief to the people of the State. He felt that the
Supreme Court must have some relief. This re-
lief must come by the commission or, by the
creation of this court From a financial stand
point, he was in favor of the creating of this
court. It would be saving of $500 per year on