The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-02-10

whereas We now only 90 onca In justice
TO the State outside of che Capital there
should De an Appellate Court holding its
terms In four or more parts OF the S.ate.
The Bar universally wants oral argument.
All lawyers concsde that it is best 10 pre-
sent isw questions to all the members of
the court oy 81 oral argument. This is the
rule in England and IN the Supreme Court OF
tie United States Ii results in every
Judge taking part in the decision. and in
bringing oDt distinctly every controversies
point. II would not have been possible
under this practice for court AZ the same
tenn, as was lately done, to decide the same
question ia 2n exactly opposite manner in
IWo cases To secure al oral srsument the
Court must sit IN different parts of the State.
The Stale now pays so. 600 per Eunu ~ TO
the Commissioners. Fer that sum OF money
IT could have two Appellate Courts consisting
of three Judges each. Oos court might hold
four sessiOns-iwO at Indianapolis sad two
~ Fort WAYNE. The other Court might hold
four sessions-twO 1t Evansville and two st
New Albany. The United States now holds
It's courts ct these points TO the very great
advantage of the people. Many thousands
OF dollars are saved 70 the people by the
arrangement IL the Judges are paid s, 800,
as they ought to be, the expense - only in
creased 81 OUO X they are paid : 009 then
s. go per annuR is saved
This plan IL simple and Just to the people.
Jney pay the taxes 20 support tie courts.
The nearer you-briDg the courts 20 them the
more speedily are cases decided aud the
smaller tAe expense In the Olden time
w8en al admiralty suits bad 20 be brought
AMI hesTd 81 indians. Oiis a man having
suit Involving SlC0 generally chose 20 sub.
nit 10 lose IL rather than travel 200 milss.
take NE witnesses or their depOsitions, aud
hirt iorsjgn lawyer 70 try the case. A few
d7ys a. tie Bates, Deaison or Grand, eat
N he Judgment il ne ever g)t It.
This Legislature is Democratic. Ihere is
g. Uetbine more ia Democracy than . mere
meme. Legislation should be for the oeneht
OF be people. Legislators are agents aud
trustees OF the peoDle. It Is not demagoSy.
but ststesmanship 10 hnld that The cardinal
duty Of the legislator is to promote the in
terest Of the people. he is not TO represent
any class. Being lawyer would do nOta.
ing wroDgiully TO affect lawyers
though the commission has been 81
The greatest efficiency, has rapidly decided
cases, and has displayed great Gbiiity-yet
the system Is not entirely just to the Sa-
p1eme Court. Bat / repeat bat believe
the lawyers outsd de Of Indianapolis prefer
tne commission 10 one Appellate Court. The
legislator being the trustee Of an express
trust must not look 10 what will benefit
judges or lawyers alone. Ills duty is 10 his
csEtUi que trust-tO bis constituents. Courts
held 10 four points in the State. with some
limitation on the right of appeal to the Su-
preme Court would benefit the 10
cslitiss where held, would shorten
and cheaper legislation and woul1 insure
by oIsi argument more consistent line Of
decisions, and would undoub tedly improve
the lawyers themselves. 1t may De said
that one branch Of the Appellate Court
might decide d. terently from the other
branch and thus produce confusion. 1t is
only necessary TO reffr the objechon to the
long test OF overru led cases 10 show that the
present system does not result IN
much certainty. But legal skill
might devise remedy for this
The Court might meet all together at stated
times and doubtful questions might be held
up to be decided By the full Court.
| grant you that the legislator should look
to economy. But this plan involves no IN
crease Of expense. Let the litigsnts pay fees
to the officers for their services and let the
counties provide places of holdiog court.
| do not use CT insiDuate the vulgar argu
ment against giving everything TO Indian
apolis. But 1 appeal for Justice to the
people oil over the State.
CHARLES DENLY.
Evansville Feb = 1885.