The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-03-19

legal phraseOlogy the words Judge pro tenn
PPooaae are Syu 10 Inoteate a 5uese @4o mas
up the business OF a court in everything.
Just as the regular judge would do. He
may come before the court while he is sit
ting. a special judge is one who Is APP
pointed for a special purpose. for the trial
thority goes no further than that. When
those cases are disposed OF his appoint
was that phase of the present question
that Mr.. Hawkins dwelt upon largely. The
copies of the appointments OF Messrs.
Chambers and RuckelshauS as judge show
that both are appointed as judge pro TOM
pore. although in the case of Mr.. Cham
bers the appointment limits his duties to
the trial OF the Ludwig cases. Mr.. Haw-
kins argued that IL it were intended TO APP
point Mr.. as a judge pro tenn
pore his appointment would be vacated by
the later appointment OF Mr.. Ruckelshaus.
which was made two days later, while If IL
were intended that il should be an appoint
ment as special judge the appointment was
illegal and void, because not made in a
legal manner there being no legal reason
given for the appointment.
The court Interrupted 10 ask the queS-
ton: when a Judge has presumed to APP
point a special judge and the special judge
assumes his duties as such and takes the
proper oath, under such circumstances as
are shown. in this case cannot the judge
proceed?'
Mr.. Hawkins replied that no defendant in
any case could be denied the right TO Dues
80 ~ - vi lDt AOdlI vi sH1
judge sitting, and further, that in I1is case
both the defendant and the State had al
ready taken exceptions to the appointment.
indicating that the legality of II WIS at
least questionable. Then ldr. Hawkins &C n
tinued:
This case. may 1t please the court, is the
case of the State of Indiana against
Payne. Royse and Wiltsie. That is the
proceeding in question here. 1t is not a
the DEFENDANT and Mr.. Vii representing
the State; and even If they had accepted
and agreed that your honor should act it
would not legalize your appointment in
such a way that it cannot be raised by
these defendants when they are brought
in here under a rule issued by this court to
answer whether or not they should be pun
ished for contempt. The record in this case
shows that. on the contrary, your honor's
appointment was Excepted to-. not
agreed 10, and the State and de-
PENDANTS both took exceptions at the
time and both filed bills of exceptions. and
at that time Mr.. Fishback, as attorney for
the defendant. was saying that your hon.
ors appointment was not legal, and he is
here to-day saying that it isl
The C~ourt-There is not any misunder-
stading about that.
Mr.. F~ishback-The court has appointed
me TO represent the State, and l do not
think my conduct is subject TO such criti-
cism. But what did at that time | did
as a duty TO my client, which / ought TO do.
Mr.. Hawkins-I understood you to state
to the court that at the time of his APP
pointment it was agreed TO by yourself and
the State. and L thought ii was competent
and proper to call the attention OF the court
TO IL.
The Court did not understand it that
way.
Mr.. Fishback-I said it was excepted to
and L would have been unfaithful in my
duty to my client if L had not excepted
TO IL.
Mr.. Hawkins-I misunderstood your state
ment. Special appearances have been en-
tered for the purpose of raising the question
as TO your honor's jurisdiction TO hear and
determine or TO issue the rule which was
issued i'm this case M "A flHa vii having hpan
filed by the party, and the question is
raised as to whether your honor is to-day
a legally-appointed and acting judge of this
court.
The Court-If my appointment as special
Judge TO try the Ludwig cases was correct
and authorized me to accept and take the
oath of office, and by my assuming jurlsdic-
ton in those cases gave me power to act
in those cases, then do l understand your
point goes To the extent that notwithstand-
ing l was acting properly as Judge of the
Crimina Court in those cases, still | would
not have any right to have this rule entered
against these parties?
Mr.. Hawkins-No. sir; my position is that
If the court is properly and legally APP
pointed and acting as judge pro tenn. or
contempt should come up growing out OF
those cases that your Honor would have a
right 10 issue a rule and have a right 10
hear and determine, with this proviso, that
if the appointment as special judge with
reference to these cases Included and COW
cred that portion of the cases TO which the
alleged contempt points.
MR.. CHAMBERS'S REMARKS.
Mr.. Hawkins touched on a few other
| points and then closed his argument. In
announcing that he would take time to con-
slider these questions Judge Chambers said:
The questions involved here are very i'm
portant and should nave every careful con-
sideration. not only because of the interests
of the defendants who are to answer TO
.I;- rnio l,t looo,,.o tAox 80 -,,o-.;o-. -
public Importance and the proceedings of
this court should be in order and hold the
confidence and respect of the community.
When l was appointed. as L understood II,
a special judge TO try these cases the only
objection that was made to my appointment
at the time was that there was no case
being tried, that an arrangement had not
been made, no plea was entered and that
therefore the court could not appoint a spe-
cial judge TO take charge or the cases.
That was the question which L investigated
at that time, without regard TO the other
questions which have been raised here to-
day, and reached the conclusion, upon a
hasty Investigation. that the objection was
not we'll taken, and for that reason, and
in that view of 1t, | accepted the appoint
ment as special judge of this court to try
these Ludwig cases and have since acted
in those cases upon that theory. Now, for
the first time in the province of those
cases, has the court been furnished with
any authorities or any argument upon the
proposition as 10 his right to continue in
the exercise of jurisdiction over those cases,
and L compliment the attorneys on both
sides for the candid and able manner I'm
which they have presented the questions,
and L will thank them to give me. at their
| earliest convenience, any other references
to authorities which they may have upon
any of these questions and any other slig-
gestions that they may have to make In
writing, and to do 1t as soon as they can,
so that the question may be disposed Of"
The attorneys will file the briefs requested
and the decision Will be rendered some tim,
in future, as soon as Judge can
determine the law on the question. If the
decision overrules the motion there will
then be other proceedings in the case. but II
the motion is sustained, that will be the end
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