The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1891-02-18
ESTABLISHED 1921
LETTERS TO THE EDITOR.
OPINIONS ON CURRENT TOPICS.
What tho People Want In the Way Of Leg
tsiation-suggsstion TO the solons-
Various Communications at
Length and Condensed.

To THE EDToR-Sir: Several editorials
and communications have appeared in
THE SENTINEL lately advocating the pas
sage Of the Appellate court bill in which
I heartily concur. The importance Of the
subject 20 the whole people is so great
that II will be difficult to exhaust the field
of argument in favor Of the bill. So great
had become the need OF legislation to pre-
vent interminable delays in the admins
tatiOn Of justice that - meeting OF the
lawyers of the state assembled in the SUI
preme court room two years ago, on the
eve OF the meeting OF the general as
sembly, for the purpose of discussing the
subject and suggesting plans for relief.
There was a general agreement at that
meeting that the then overcrowded con-
dition Of the supreme court docket was so
great that all those who are under the
necessity OF applying to the courts for the
enforcement of their rights, even in the
collection OF the most meritorious debts
were liable TO be delayed from two to four
years after recovering judgment in the
trial court by appeal to the supreme court,
where no meritorious defense at all ex-
listed, and the longer the remedy is de-
layed the greater the evil will grow, be-
cause with the most untiring industry on
the part OF the supreme court judges, they
must continue TO fall farther and farther be-
hind; the injury thus resulting is not so
much TO the judges of the supreme court
as it is to the people who have declared by
their constitution that Justice shall be
administered freely and without purchase
completely and without denial; speedily
and without delay" Every senator and
every representative has taken an oath 10
carry out in good faith, this command OF
the people. The only question, there
fore, is what legislation is best suited TO
that end? The last legislature, one OF the
very best that ever assembled i'll Indiana,
attempted in good faith to provide a
remedy for the evil then acknowledged TO
exist and which it is conceded on all
hands has been increasing ever since.
They created a supreme court commits
sion, but that was held unconstitutional
BY the supreme court. While a commits
sion would have been better than moth
Ing, yet il was very Objectionable aside
from the question OF its constitutionality.
IL was, IN effect, making ten supreme
judges. do not object TO that number of
judges on the ground that there is not
work enough to keep them all busy, be-
cause IL is we'll known there is and will be
more than enough to keep them all hard
at work; but my objection is that any
plan which, in fact or effect, increases the
number OF supreme court judges will
either tend to destroy the unity and
harmony of the decisions of that
court or, on the other hand, waste a large
amount OF the time OF the whole court in
consultation in order TO reach the har-
m0ny so essential and desirable in the de-
cisions OF the highest court in the state.
In other words, il is conceded on all
hands, that increasing the number of
workers on appealed cases from the pres
ent number Of five TO the number of ten,
which are TO act as one court,
while il doubles the number OF workers,
will not and can not double the amount
of work done; but, on the other hand, the
creation OF another court 10 consist of five
judges. to act as an independent court to
work on and dispose of appealed cases, it
must be conceded ought 10 and will result
in doubling the amount of work by doub-
ling the workers. This result, so desirable
10 all, cannot be accomplished either by a
commission or a constitutional amend
ment increasing the number of supreme
judges, but IL can be accomplished in only
one way, that has yet been thought OF or
suggested, and that is by the
creation of an appellate court to
consist Of five judges empowered to de-
eide appealed cases under the same rules
that the supreme court decides appealed
cases, with such regulations as that one
hall of such appealed cases of the lower
l.. - Il
pelIate court for final disposition and the
other half TO the supreme court.
Having examined the revised bill intro
duced BY Senator Howard, think it fully
accomplishes the results above pointed
out. Ii the legislature shall fail to enact
some SUCH law, the people will have much
cause for complaint. rich corporations
will have cause for joy, and the members
will lose splendid opportunity of max
ing an honorable record for themselves.
indianapolis, Feb. 4. j. NJ.