The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-01-20
The supreme Court and Judicial Eeforr

The supreme Court and Judicial Reform.
Communicated
Many criticisms have been spoken and
written concerning existing evils upon this
important subject to the Bench and Bar of
the State. Some have been friendly to the
court OF asst resort, and some have been
freighted with malice Characteristic OF the
smsll-bored pettlfogger after being sat
down upon" or disconnected in some dis
reputable scheme.
The writer is not unmindful of the fact
that the long-eared, long-haired, plsbian
isckass that stands In the barn.yard, can
make louder noise than the monarch of the
forest-the majestic lion; that the chronic
grumbler and critic Is generally a narrow
minded shyster as well, and, hence, such
criticisms fail to challenge the attention of
the Legislature TO serious inquiry into al
legged evils, or else that body deliberately re-
solves to endure the ills We have rather than
fy to others We know not of.
To the wise legislator who provides not
only for this year and the next, bat for
many years to Gomez the great number of
Indiana reports that have been issued in
the past few years must demand serious
consideration, both from an economical
standpoint and to the end that the Law may
be more stable aud better understood.
1t is not upresson able TO say that under
the present system, within twenty years
from & biz time the decisions OF the Supreme
Court of Indiana will constitute a library of
from $50 TO 400 volumes. Passing by the
expense to the State ana to individuals, out
Of such an immense mass it will be exceed
ingly difficult to ascertain what the law
reSily is. notwithstanding its great abun
dance. Though the State should have the
good fortune to have In its service the most
iaboricus and learned Judges, the number
Of cases pressing for speedy consideration
will most certainly beget many conflicting
decisions.
How are these evils to be avoided
The writer submits for the consideration o.
the Legis AZURE that the number OF cases
hat can, under the law, find their way into
the Supreme Court and thereby necessitate
consideration by that Court and publication
is enormously too great. That, In justice to
the members OF the court OF last resort. they
ought not 10 be tasked with the duty OF ex-
aiming the great piles o. record that is con-
s,sntly pouringin on them from all quarters;
that, IN Justice to the legal profession, its
members ought not to be taxed for the pay
nent of the volumes that are being issued
land which must increase under the present
d
The loss of time necessary for the reading OF
the reports when issued.
The Legislature may take il for granted
that. in this busy under aud over-reaching
world. with all its sslf-seeking gresds, il, IN
der the law caseses csn get into the Supreme
Court easily as now provided. that Court
will always be overfoved with business.
As 10 the remedy: One OF two courses ap-
pears to the writer as available. The pruning
knife should be applied unsparingly, and
either no appeal should be allowed from
the trial courts as to many cases now APP
pealahle, or else Of it is thought unwise 10
trust 81 much power TO the trisl Judges
Court of Appeals SHOULD be created, which
should be . court of last resort as to great
majority OF cases. From 90 TO 10 per cent.
of the business taken up to the Supreme
Court as shown by statistics) ought TO be
legisated out of that Court.
Ii Is thought an appellate system is better
than cutting of the right TO appeal from the
trial judges, as to criminal cases where
imprisonment is q part of the Punishment
the appeal should so at once TO the Slpreme
Court. As TO all other business. In should
he so distributed that not more than % or
80 per cent Of the cases, as low shown by
the docket OF that court could get into the
Supreme Court. The decisions of the Ap-
pelIate Court should not De published, and
should be final up 70 certain sums, except
on certificate OF division of the judges.
luc 5tluk VI ucAcdt Will culdAt III 1865 IL thc
case ends at one appeal than il the litigant
had the right TO appeal to many courts, and
the chances of correct decision are lot In.
creased.
The decisions of the Supreme Court of
Massachusetts, for the year 1854 are con-
| tanned in less than three volumes. and yet
seven judges are provided under the law of
| that State 10 do the work.
! The deservedly high reputation acquired
! by Judge Biackford is doubtless largely due
| TO the fact that he had ample time for the
consideration of every case he was ca ed on
| TO decide and hence, when decided,
! the questions involved were usually
| put 10 rest During the thirty .fivs
/ years ne sat on the Supreme Bench, the
| decisions of the court are contained IL ten
4, volumes, while ii requires ten volumes to
/ contain thedecisioDs of cur Supreme Court
! made now in one year.
| Ii hes been written in history that Calf
/ sula a Roman Emperor, wrote his laws in
| very small characters and hung them upon
/ very high pillars. the more effectuslly 10
| epsnare the people. A system that compeli
/ the Supreme Court TO decide, and the pQbli-
! cation of their decisions until the inter
| probation of the laws IS hid away on the
thousands OF pages in some hundreds OF
| volumes, has little more to recommend IL
than the short route taken by Caliguls.
The fault is not with the court. but in the
| adherence to and continuation of a syste %
that NAV have been wise thirty years ago
but wholly vicious now and for the future
/ Please publish in behalf of
JUDICIAL REFORM.
January IA