The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-01-12
OPINIONS OF THE LAWYERS.
A Discussion on the Several Plans Recon-
mended for Relief of the Supreme Court.

The State Bar Association met yesterday
afternoon in the Supreme Court rooms for
the purpose of considering the best plan for
the relief of the OvercrOwded docket of that
court. There were about forty present,
who represented the bar in all sections of
the State. Lieutenant-governor Robertson
presided. Quite difference of opinion ex-
listed as to the best means of relief, but the
resolution read by Judge Alfred Thomas,
of Charlottesville, expressing the views of
the Montgomery county bar, seemed to
meet with the most favor. They were to
the effect that an amendment be made to
the Constitution of the State, creating the
office of Chief-justice of the Supreme
Court, and also increasing the number Ofjus-
tees to nine, exclusive of the Chief-justice.
1t recommended the division of the court
into three sections. each having three just
ices, assignments to which to be designated
by the Chief-justice, who shall be a member
of each section. The justices, it was IA
vOred, should be given the power to decide
causes, the Chief-justice sitting with each
section when in consultation. In regard to
the affirmance of criminal causes involving
the death penalty, the cause, it was recon-
mended should be submitted to the full
bench, and it was further recommended
that when.a section of the court Is divided
question, it also should be submitted to the
full bench. The resolution also favored the
appointment of five commissioners pending
the submission of a constitutional amend
accumulated business of the court. The
motion for the adoption of the above led to
a lengthy discussion, III the course of which
several amendments were proposed.
Judge Baker, of Goshen, opposed the res
OlutiOn, as he thought that by proper
arrangement the present number of justices
was sufficient for the work of the court.
Within the last four years there had been
2,079 cases decided by the Supreme Court.
which would make an average of about 100
cases yearly for each judge. There had
been during this time 2, 416 cases appealed.
A court composed of seven judges was in
his opinion, sufficient for all business which
would come before it. Nine judges for the
disposal of $50 causes year would create
lazy men. In his opinion, the cool discus
sion of case in open court would enable
five judges to decide cause.
James McCabe, of Williamsport. made
of the members of the Warren county bar.
1t was thought by them that by an equal
division of the business of the Supreme
Court, One-half being given to an appellate
would be sufficient, and by the adoption of
this plan no more trouble would be eX-
perienced in the accumulation of cases.
There were too many minor cases,
winch consumed the attention OF the court.
These could more readily be disposed of by
the practical means. In his opinion too
many judges would create too much fric-
ton, and consume too much time in coming
TO decision upon question.
One of the lawyers opposed the plan be-
cause its adoption would be unnecessary,
he stating that there was already a bill to
be presented in the General Assembly for
the appointment of five commissioners, and
it was thought the move would come to a
successful conclusion. Everything was
cooked and primed for its success. Judges
Niblack, collars, HOwk, Hammond and
VintOn would be placed upon the con- MIS-
sion. This showed, he said, which way the
political blizzard is coming. Judge HOugh
moved to amend the Montgomery county
plan by providing that the Chief-justice
should be elected by the State at large and
the associate justices by the electors
of the districts in which they
resided. Judge Miers moved the adoption
of an amendment, recommending the ap-
pOintment of a commission for temporary
relief, an amendment to the Constitution,
and the appointment of committee to pre-
pare the details of plan and present to
the Legislature. Both of the proposed
amendments received some attention, but
were voted down. A motion was then
made by Thomas Hanna to refer the entire
matter back go the committee, and that it
be instructed to draw up a resolution rec
ommending means of relief, and present
the same to the Legislature. The motion
was carried, and the meeting adjourned.