The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-01-08
RELIEF FOR THE COURT.
What Few of the County Bars Recommend
for Expediting Business Before the Judges.

At recent meeting of the Gibson county
bar the subject of relieving the over
crowded condition of the Supreme Court
was discussed, and resolutions were adopted
expressing the following views: As ameas-
ure of temporary relief, it was thought a
commission should be constituted, consist
ing of five commissioners, whose term of
office should be four years. To
afford permanent relief, con-
stitutiOnal amendment was favored, max
ing the Supreme Court to consist of
nine judges and chief-justice, with power
to the General Assembly to increase the
number when necessary, said court to be
divided into three sections, and the cases to
he appOrtiOned among them, each section
determining the cases appOrtiOned to 1T, eX-
cept in cases of disagreement among the
members of u section, or between two or
more sections. or where the Importance or
difficulty of the case justifes it,
be submitted to the whole court.
The chief-justice, it is urged, shall preside
over each of the sections in turn, and take
part in the consultations, be being relieved
of writing opinions if he desires SO to be.
1t was especially recommended that this
amendment be so drawn that as to the nine
judges and chief-justice, 1t would not re-
quire any action on the part OF the General
opinion was also held by the meeting that
the Supreme Court should designate in
every case whether the opinion should be
published OF not. By so doing the publica-
ton of unimportant cases would be
avoided As further means of re-
lief it was thought extremely important
that system of county courts should be
established by the Legislature, which
should be invested with probate and limited
criminal and civil jurisdiction.
a. N hIIp nf a
county bar. recommends the Endorsement of
the above resolution and advises that the
justices should hold their office for eight
years, if they SO long behave well, and that
power to increase the number of associate
Justices from time to time as bust
ness requires it, each increase being
made by adding three or a multiple of
pointment of a chief-justice by the Govern
or from among the justices in office. hose
term shall last one year. After he is select
ed the chief-justice shall divide the associ-
ate justices into three divisions, each di-
vision sitting separately and IN company
with the chief justice. who shall be a MEM
Der of each division. Three members of
any division shall form a quorum: The
chief justice, it is recommended, shall dis
tribute the cases. and the decision of any
division, unless disagreements arise, shall
be final. When, in the opinion of any di-
vision, the difficulty or Importance of any
case or matter before it demands such
action, it shall be considered by the whole
court.
The Miami comfy bar recommends the
appointment of commissioners for imme-
date and temporary relief, to be followed
as soon as possible by such action as will
provide for increasing the number of SUI
preme Court judges. SO as to insure the
prompt dispatch of its business
The KOsciusko county bar thinks that the
only proper remedy TO be sought in the re-
reduction of the number of cases which
shall reach the Supreme Court. This
cannot, in the members opinion, be
accomplished by means of some temporary
expedient, such as "A commission to aid the
court. but the only remedy seems TO he
nothing but an intermediate appellate
court or courts, which shall be permanent.
In support of this theory, the bar refers to