The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-02-07

for years and years. Nov, when person
comes into court fer the foreclosure OF q
mortgage, in some cases the Court Will deny
the pa ~ jury, and very often the ruling
OF the Court will be sustained when the
party goes to the Supreme Court. And when
the plea OF fraud is set up aud eau be sup
ported by facts, the party is denied the right
10 &c before a jury in many cases. There
are many cases where party may desire to
call upon & l1ry-twslve psers OF the realm
to determine the facts. For this reason l
say this bill should become Law. Whsn /
say this | do not wish to reflect up)n a
Judge OF the State or the Judge of orr Curt,
Tor | believe he is man who hiss superior
intellectual attachments. 50 far az that is
concerned. 1 hope the bill will Dscoms a
law.
Mr.. ADAMS. Two years ago favored a
bill similar to this agres with the gen.
ueman from Davies Ne. TAylo) that this
fore the ASSEMBLY. l would rather go before
laIy OF twelve men and trust to their con-
mon sense and honesty than to try case
before the Court in many instances
Mr.. MOCK: l favored the bill for the same
reason stated by the gentleman. not intend
ing to say anything TO the dIscredit OF our
judges and attorneys undertake to say
there are very few cases in which the co nit
able and legal principles are eaily distin
gulshed. II is very difficult matter for the
Court IN many cases 10 determine whether a
case is legal or an equitable case. Many
cases are taken to the Supreme Court to de.
termine the question whether it IS legal or
a. equitable case. / am IN favor Of Jury
trials
Mr. BROWNLEE: believe that iury is
the highe,t tribunal on this earth. I am
willing IN ali ce-es of fact that they may de
eide for me. hope this meas Ire Will pass
this House and become d law.
Mr.. KEELISON: / am in favor of The
passage of this bill. / believe it W Juld be =
sorry day for this country when AL qaeltiODs
OF fact, as well as law, would have I be se:-
tied by the Court Men who have been loag
separated from the people, 1dges holding
office Ter long time-are not as comBetent
TO determine many questions of fact as
twelve men fresh from the body Of the PEG.
pie Now these a-e my vie VS. upon the bill.
nope this measure will pass and become
law.
Mr.. SAYRE: 1 must say 1 have been sur
plised at this discussion. Why, the gentle
man little while ago talked as though he
was addressing his argument to jury-as
though this House was jury and he was
addressing them. Now do not see what is
TO be gained by trying this class OF cases be-
tore Jury. II the Court sees fit, in his discre.
ton, he can grant new trail. The law of
1881 wss defeated under the direction of the
Bar Association. | believe it is good law.
l believe this law ought not to pass. bs-
lieve it would make additional delay In liti-
CATION
Mr.. WILLIAMS: Two years ago bill OF
similar character was introduced into this
House, and we occupied good deal of valu-
able time in its discussion. and it did not
pass. Since that bill was defeated l have
given the subject some consideration, and |
nave come to the conclusion In many cases
a Judge is not competent to try case. ]
think tribunal of twelve men is
much more competent to try ques-
tons OF fact than a court. The gentleman
has said the law OF 1881 WAS drafted under
the direction of the Stste Bar Association. /
10 not want to hold the Republicans respon.
sible for the plumbers of the State Bar Asso.
citation, bat l certainly think the Rspubli-
can Legislature made a blunder when IL
passed the Law of 1881. ! would rather try
questions of fact before jury than any
Judge. hoIe the bill will pass.
Mr.. BROWNING: | move the previous
question.
The Houae seconded the demand.
Mr.. GOODING: There are one or two
points / wish to answer. The gentleman
from Wabash Mr.. Sayre) contended that
there ought not 10 be a jury trial in this
kind of cases. l would like TO ask the gen.
tleman il be thinks there ought to be Jury
trial in aEy class of cal es. whether equitable
or common law cases? 1 think we
ought TO restrict the power Of the Circuit
Judges. II jury trial is denied, the Judge
often appoints his referee or Master Com
missioner, Gpd they go out and come in and
report to him. Now, | think the rights of
everyb body are better protected by Jury
trials. / hope this House will pass this bill
The bill was read the third time, and
passed by yeas -, nays