The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-12-31
ITS POWERS TOO LIMITED
A Bill to Give the Appellate Court
Greater Powers in Jurisdiction.
The Supreme Court Has Not Secured the Re-
lief That Was Anticipated-What the
Bill Will Inc. ude in Detail

The Appellate Court, as now empowered
under the law creating IL, has been found
20 be too limited in jurisdiction. in tho
opinion Of the leaders of the bar. The
effect has been TO defeat the intention of
the bill which was to relieve the Supreme
Court of its oyerplus of work and allow IL
10 catch MP with it's docket On the other
hand. the Appellate Court has had little
that b could do. A bill has therefore been
prepared By several Of the leading mem-
bers of the court and bar. headed by Judge
Elliott, who yesterday submitted the draft
as decided upon. Its passage will be urged
upon the Legislature. 1t IS entitled: An
act 20 amend Sections l, % and p. aud re-
peal Section 20 of an act entitled. An act
Co create an Appellate Court and define ITS
Jurisdiction and procedure. and declaring
an emergency Approved Feb. %. 1s9l."
The bill has the usual preamble. naming
the court the Appellate Court or INDIANA,
which is 10 have exclusive jurisdiction.
mated. of appeals from the Circuit, Superior
and Criminal Courts In the following
classes of cases:
All appeals in prosecution for INSIDE
meanors; all appeals from judaments rem
dered in cases which originated before q
justice OF the peace, and IN which the
amount in controversy. exclusive OF In
terest and costs. exceeds so; all ac-
tions seeking the recovery OF q money
Judgment only, where the amount In con-
rroversy. exclusive Of costs. does not ex-
coed s., 500; all actions for the recovery OF
specific personal property; all actions be-
tween Landlord and tenant involving the
right to the possession of premises claimed
undo q lease or held by virtue or color OF
such q contract; all cases wherein claims
against deoedents estates are allowed or
allowance refused; all cases wherein excep-
tions are filed TO reports of Administrators.
executors or guardians of infants or insane
persons: all cases wherein orders or ludg-
ments are given refusing TO appoint admin
1strat0rs. executors or guardians OF infants
or insane persons; NIL cases wherein orders
or Judgments are made or given removing
or refusing TO remove administrators,
executors or guardians OF infants or guar
dians of insane persona or idiots; all cases
OF bastardy. In all cases where there Is
jurisdiction the decision OF tho Appellate
Court shall be final.
The exceptions TO which the foregoing
grant of Jurisdiction is made are these:
I. The Appellate Court shall not have
jurisdiction of any case where the con sti-
tutlonality of q statute, federal or state.
or the validity of an ordinance of q munic-
Ipal corporation Is IN question, and such
question Is duly presented.
2. The Appeilate Court shall not have
jurisdiction OF suits IN equity, hereby
meaning Dy tn0 toTm SUITS III equity
such cases as were known and recognized
prior to the 18th day OF June. 1857, as suits
of equitable cognizance. ard wherein
specific DEGREES are appropriate and essen
ffal.
3. Where the title to real estate is in is
sue the Appellate Court shall not have
jurisdiction. q
If 1t appears that any case which would
otherwise fall within the jurisdiction OF
the Appellate Court, "a herein defined. is
within AnV of the axCRnrlOna enumerated
the said court shall cause TO be duly certi-
fled to the supreme Court cases thus found
To be within the jurisdie ton of the Su-
preme Ccurt. All cases found to be with
IN the jurisdiction Of the Appellate Court.
as herein increased and defined, shall be
taken from the docket of the Supreme
Court by the clerk and transferred To the
docket of the Appellate Court, and to the
hereby amended concerning the transfer
OF cases b Apply so far as the same are
relevant.
Sec. 2. Be 1t further enacted that Sec
ton ~ of said act shall be amended TO read
as follows: Section %. When in said
Appellate Court new and important qucs-
tions are decided and an opinion Ie filed,
such opinion shall be published In manner
and form as the reports of tho Supreme
Court are now, or may hereafter be, pub
1ished. and the reporter shall perform the
duties required by virtue OF this act as n
part Of his official duties. the same as now
or hereafter required of him by the law IN
relation to his duties in connection with
the Supreme Court reports; and the index
aud table OF cases of Appellate Court re-
ports shall be subject to the supervision
and direction of the Appellate Court. the
several judges OF which shall be furnished
the proof sheets as reports are benz
printed. and suoh reports shall be called
the Appellate Court reports. Provided
that said Appellate Court shall decide
what opinions shall be reported and pub
lished. and said reporter shall be bound by
such decision.
See. 8. Be it further enacted that Section
25 OF said act be amended as follows: SEQ.
ton 20. In any case where an appeal has
been taken from n lower court TO the Ap.
pellate Court. and the same should have
been taken TO the Supreme Court, il shall
be the duty of the Appellate Court, on it,
own motion. TO cause such case 10 be trans
forred to the Supreme Court. and in any
cause where an appeal has been taken tc
the supreme Court when 10 should have
been taken TO the Appellate Court it shall
be the duty OF the supreme Court, of its
own motion. to cause such case to be trans
ferred 70 the Appellate Court. and the
action of such court IN making such trans.
fer shall be final. The Appellate Courl
shall be governed IN oil things by the law
as declared by the Supreme Conrt of this
State, and it shall not. directly nor by i'm.
piicatIon, reverse or modify any decision OF
the Supreme Court of this State.
SEQ. T. Section % of said act Is hereby
repealed.
Sec. 5. An emergency exists for the i'm.
mediate taking effect of this act. inasmucf
as the Appellate Court cannot effectively
and properly accomplish the objects fol
which it was created and exists unless il,
jurisdiction Is increased and clearly defined
and it Is, therefore. declared that this acl
shall be In force from and after its passage