The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-02-04

Give Us a Change in the Judiciary System.
To the Editor OF the Indianapolis Journal.
Propositions are now before the Legislature
to create Court Of Appeals in this State, and
to reduce the fees Of public officers. To the lat
ter of these propositions have no objection. A
reform in that direction is sorely needed. But
against the former as an humble citizen, protest
do not believe the reform in our judiciary sys-
tenn essential to the interest of the people of this
State lies at that end of the line. That we have
wretched system, the most expensive and
tardy in the application Of its machinery that
could be devised there can be no question. The
justices courts do well enough, perhaps. The
boards Of county commissioners. instead of be-
ing composed of three members, are generally
if not in every county, composed Of four or FIVE
members-three elected and the others selected
by the original three, at greater expense to the
people than the court proper itself
AS our circuit courts are organized, it is ruin
Gus to those who have the temerity to take the
opinion Of court or jury upon question
of supposed right. With original juris-
diction of almost everything, they are a
monstrous burden upon the people, not 80 much
in the way of taxation for their support as in the
costs to litigants. Reduction of fees will help.
but will not cure this evil In the country cir
cults Etigants are necessarily made to wait with
their witnesses-whose per diem cannot be re-
duced much below the present rate-day after
day, for the court to dispose of probate business
misdemeanors and causes of minor importance
their costs accumulating and often the most
acrimonious law suits are those to save them
selves from the burden of the costs-the original
difference being lost sight of in what thus be-
comes the paramount question. Now, make a
suggestion to the Legislature for a radical
! change viz: strip the circuit courts of original
jurisdiction of probate matters misdemeanors.
and OF civil actions where the claim is less than
500. Enlarge the circuits, and let
there be two sessions each year. and
thus relegate a large number of circuit
judges to private life as fast as their terms of
Office shall expire. Create county court, with
with jurisdiction Of probate misdemeanors, and
of civil actions up to five hundred dollars-co-
extensive with the county-and make the Judge
thereof ex oficio the member of the county board
from the district In which he may live. This
court can be ia session, practically, all the time
except when the judge sits with the county
board. Let the county clerk be the clerk of the
county as we'll as the circuit court and prohibit
the county Judge from practiclng in his own or
other courts Give to each county q prosecut-
ing attorney. Make the salaries of the ciTcuit
Judges three thousand dollars, of the county
Judges from twelve to twenty-five hundred ae-
cording to population of the counties, and the
prosecuting attorney two hundred. with fees
Are not the benefits to be ANTICIPATED from
such a system apparent? With the circuits en-
larced and the salary OF the circuit Judges in
creased to So 00O the best ability would be found
on the bench, the court dgnifed, and it may be
made the appellate court in certain causes from
the county courts and its decision made fnal
thus tightening the work of the Supreme Court
Causes or Importance can be speedily tried, and,
consequently, with less expense. The county
courts would be popular for the lesser causes,
and there would be a clear field always
for a trial without delay. The county
boards would have judge in their bodies and