The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-02-13
IN SENATE.
THURSDAY, Feb. u. 1870 q. IN.

legalizs acfs Of Brown County Commission
ers. was read the third time and passed by
yeas 43. nays 0.
Mr. Rsowa's bill IS 1901 to raise funds to
raw expenses of teachers institutes by
charging fee Of fifty cents FOR examination
Of teachers desiring license, wac read the
third time and passed by yeas 40, nays.
Dir. Winters bill IS 1921 20 amend section
2505 R. s. being read the third time
Mr.. WINTER: I will say a few words in
explanation OF this bill. Under the law
when a person makes provision for his wife
in will she may elect to take under the
will or under the law which we al know is
one-third OF the real estate. The Law says
the widow shall not have both. weak
place in the law is there is no provision for
the manner in which tat selection shall be
made, or as to its being filed in any public
Office, so the public may know what election
she has made; and 50 there Is great doubt
and uncertainty ab0u. the title Of real estate.
And to put at rest the doubt and uncer-
taintY as to whether the widow has taken
under the Law or under the will provides
the election shall be made IN writing within
SIX months signed by her, acknowledged
before a proper officer and recorded in the
record OF wills.
NJ. DAVIS: There is no provision in
this bill 70, giving the widow notice of the
eXittence oil will.
Mr. WINTER: II q man aud wife have
beeo On such terms that she does not know
q his will sae wouldn't want u taks under
the will At all
Mr. YOUCHE. It seems 70 me six months
is short time - allow ner 10 make her Sc
lection. She may know Of the wilt but
have no knowledge o. this Law. 81 If she
happens 10 pass by making Il selection for
six months she would irretrsyiably Ipse the
bench. Of this provision.
The bill passed the Senate by yeas AZ,
nays 3.
Mr.. Davis bill J. 1871 to amend Section
1870 p s, read the taird time aud
paesed by yess Il navs Mr.. d., expl ain.
ing: The law provides no execution shall
issue upon judgment until toe proceed
ings Of the court are drawn up, read in open
court and signed. The practice in soma
courts Is not TO read the daily record for
weeks. This bill requires the Judge, when
requested By either party, to sign the record
that Judgment may be made up.
ANOTHER NEW JUDICIAL CIRCUIT.
Mr.. Hilligess' bill 5. 1891 50 as TO make
Acams and Jay the rwenty-sixth, Hunting
ton and Wells the Twenty eighth and Grant
and Blackford the Forty-seventh Judicial
Districts being read the third time
Mr. SMITH, OF Jay; IL is al absolute ne
They are the largest In the ate. The basil
ness is behind, and it is utserly impossible
10 keep il MP.
Mr.. FOWLER: II this bill passes, this
legislature ought 20 create ninety-two cir
cults and give to each county in the State
Judge.
II. MCCULLOUGH opposed the bill with
eli tie force he knew how. II this outrage
Is perpetratsd upon the taxpayers OF lodi
ana, ss similar Outrages have been hersto-
fore, the taxpayers ought TO damn the Legis-
latuTe for II. He moved to recommit the
bill with instructions that four judges shall
do the work OF the eight counties of Adams,
Jsy, Huntington, Wells, Grant, sBlackford,
Delaware and Randolph.
The bill was not introduced to balance po-
IilcaI parties or TO place any friend On the
bench.
Nr. HILLIG ASS: There was an increase
OF over 100 pages of record last year over the
year previous IN the county OF Hun tington.
Senator'S opposing the bill Iced no relief.
The Senators representing the six counties
interested N this bill are unanimously ask
ing for this relief We are asking no more
than our constituents demaud.
The courts we're blcckadsd By business.
The pages OF record in Huntington County
increased from SOS IN 1874 to ], 200 in 1884,
and the voting population had increased
IL IN the same period. The business of
Northern Indiana was increasing with WOE
dsriui Iapidity, and the Senate could not
Mr.. SMITH, OF Jennings. The people of
Indiana are paying $50 600 year more for
Circuit Judges and Prosecuting ATTORNEYS
than they ought TO. We have fortv-fve
Circuit Judges IN the state, paid at . salry of
s., 500 year. Thirty Judges can do every
biz OF business now before the courts or that
VII come before the courts in twenty years
There is not q circuit in the State thar can
show an increase OF business within the past
Two years; on the contrary, il has decreased
r. an - mt g
practice Even in Jefferson County, with
the city OF Madison in its limit. the business
was transacted in one week out OF the four
allowed By Law for term OF curt. judges
every where were under worked.
Mr.. SHIVELY: The reasons why this Dill
should PASS, snG why, II my opinion. there
should be circuit created out of these
counties have been so well and ably stated
By the Senator from Huntington, that I
think it unnecessary for me 10 repeat any OF
those reasons or offer any in addition. |
viii Estate, however. that the judicial circuit
which l. IN part, have the honor TO repre-
sent upon this floor is large one. IL is
composed OF the c)Enties OF Huntington,
Grant and Blaekford- i am not prepared 70
give the number OF inhabitants. bat l do
know there were about 10 600 votes cast at
the last election IN that district. Bat as far
a my observation is concerned, the decision
81 sEch questions as this. either By the mum
ber Of voters or population, amounts to
poihing. was informed By the Judge OF
fhsf district, in tbs chamber few DAYS ago
that there wss at this time about l, 400 cases
ugcn the docket IN these circuits and he
I'D II we do not obtain relief many OF these
cssss must be prolonged IN court for two or
three years. Now, Mr. President il is for
tbs Senate ~ say whether any relief shall
he afforded o. not I trust the necessary
relief will be granted by The passage Of this
bill.
NJ NAGEE: 10 the people demand this
relief they should have il, and who here
knows better than the Senator's representing
those counties TIE tSse for litigation can
rot be made on wealth aud population. The
speecier trials can be had the less business
there viii be. Counties south OF the Ma
ticnal Road have twenty-nine Circuit judges,
mile norfh of the National Road there are