The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-02-07
THE HOUSE.
The Bill Allowing Trial by Jury in Civil
Cases Passed.

AT the opening of the morning session of the
House, yesterday Mr. Harrell offered the follow
ing resolution:
Resolved That committee be appointed to in
vestgate the proceedings of the board of commission
of the hospitals of the insane and be required to
certain the validity and suicency of the bonds OF
contractors and the contracts executed and in whose
possession and where the same kept and report
the to this House."
The resolution was adopted.
Mr.. Gooding in troduced the following resol u
ton:
Resolved Thatt is the of this house that the
percentun of State tax should not, at the present
session of the Legislature be increased and that the
appropriations should be economical far practical
BILE avoiding the increase of expenses by issuing bonds
or otherwise
Mr.. Gooding-By making appropriations we
will be either compelled to increase the taxation
or issue bonds
Mr.. Smith, of Tippecanoe-I think we had
better not determine how much cloth we have to
buy before we know how many persons we have
to- clothe
been here l find myself exactly concurrng with
| the gentleman from Tppecanoe. / move this
| resolution be referred to the committee ways
| and means
| Mr.. Gooding-Perhaps the House were not
| paying attention carefully to the resolution. I
| am opposed to a reference of it to the committee
on ways and means l hope if it is referred to
the ways and means committee they will report
back favorably, and then l will be heard on the
subject
Mr.. Gordon-In my opinion, we should exer-
else our own judgment The gentleman shall
not have my vote to enable him to know how to
vote on appropriation bills.
Mr.. Loyd-T am in favor Of maintaining the
State institutions by liberal appropriations, bat
/ think the affairs of the State should be ad-
ministered economically.
Mr.. McMuen moved that the resolution lie
upon the table, which was done by ayes Go;
nays %.
Mr.. Lloyd offered resolution authorizing the
committee appointed on the Knightstown inyes-
tigation to employ stenographer and procure
rooms in which to hold the investigation. It was
adopted
JURY TRIAL IN CIVIL CASES.
Mr.. Goodngs bill III R. 81 coming up on the
second reading, Mr. Gooding said: 81 wish to
state to the House the purpose Of this bill.
Equitable cases. before the act of 1852 were tried
by the court and not by the jury. The right of
cases. This bill instead of requiring cases
of equitable character to be tried by the
court allows either party, If they demand a
jury trial, to have their case tried by Jury If
person wishes to have his case tried by the
court. why, of course, he can, but this provides
that if person desires to have u jury trial he
can have it equally as we'll as at common law
Mr.. Taylor think this is one of the most
important bills presented to the House for years
and years. Now. when a person comes into
court for the foreclosure of a mortgage in
some cases the court will deny the party jury
and very often the ruling of the court will be
sustained when the party goes TO the Supreme
Court When the plea of fraud is set up and
can be supported by facts, the party is denied
the right to go before a jury in many eases.
There are r'any cases where party may desire
to call upon jury. For this reason this bill
should become a law.
Mr.. Adams-Two years ago favored bill
similar to this agree with the gentleman from
Davies Mr. Taylor1 that this is one of the
| most important measures before the Assembly.
/ would rather go before jury of twelve men
and trust to their common sense and honesty
than to try case before the court in many
instances.
Mr.. Mock-I favor the bill for the same reason
just stated by the gentleman. Many cases are
taken to the Supreme Court to determine the
question whether they are legal or equitable.
Mr.. Brownlee-I believe that Jury is the
highest tribunal on this earth. am willing in
| all cases of fact that they may decide for me.
Mr.. Sayre-I must say have been surprised
at this discussion. do not what is to be
gained by trying this class Of cases before Jury
If the court sees fit. in his discretion he can
grant new trial. The law OF 1881 was drafted
under The direction of the State Bar Assoeia-
ton. believe 1t is a good law. l believe this
bill ought not TO pass. believe it would make
additional delay in litigation.
The bill was read the third time, and passed
The special committee appointed 10 confer
with the Senate, relative to the treasurer's bond
bill, reported that the sum of 500, 900 had been
agreed upon by the committee of the two houses.
The report was adopted.
The committee on temperance Mr. Donhost
chairman, recommended the indefinite post
ponement of all bills referred to it, including
Mr. Hanon's IL o'clock bill. Mr., McHepry's high
license bill, and Mr.. Schmdt's bill to amend the
law relating to the granting of license by county
commissioners Minority reports. recommend
ing the passage of some of the bills, were pre-
scented by Messrs. McClelland. Dunn and Trout.
Bills were introduced by Representatives
Franklin, Pendleton ~, Jameson ~. Schley,
keilison, Passage ~, Trout. Adams t2l, Carr.
Akins, Hargrave ~, Robinson, Gordon and
Best
The bill limiting the pay of shorthand