The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-06-30
Reports OF COmmittees-The Indiana
Supreme Bench.


Reports of COmmittees-The Indiana
Supreme Bench.
The afternoon session began at 2 o'clock.
The report of the executive committee was
read and sections of it referred to the proper
subcommittee. One section of the report
recommends the Legislature to enact law
providing for the appointment by the Gov
ernor. of three commissioners. to act with
out compensation, to confer with similar
commissions in other States, to the end that
uniformity of laws may be secured in re-
gard to the attestation of wills, acknowl-
edgment of deeds, divorces and negotiable
papers.
The committee stated it was impressed
with the Importance of the making of state
reforms in township and county govern
ment. Principal public contracts, expendi-
lures of public moneys and the levying OF
public burdens are made by trustees and
commissioners. The organization of these
quasi corporations are often crude and i'm
perfect and devoid of business methods.
The committee asked that an investigating
committee be appointed and report at the
next meeting some system to alleviate these
evils.
Another recommendation was that spe-
cial legislative committee be appointed to
cooperate with legislative committees.
Such committee in New York, it re-
lated, has done much good in this direction
and has been welcomed by committees Of the
General Assembly.
The majority report of the committee on
judicial administration and remedial pro-
cedure was adopted after much discussion.
The report states that the majority of the
committee opposes the creation of the per-
- aF i,,rt tho
advocates the following amendment to the
Constitution:
THE Supreme Court shall consist of not
less than five, nor more than eleven judges,
a majority of whom shall constitute quo
rum. They shall sit in banc in division.
as may be determined by the rules of the
court, and shall hold their offices for ten
years, if they so long behave well. When
any increase in the number OF judges is pro-
yided for by law. such office shall not pc
filled by appointment, but by election at the
next general election thereafter. The terms
of the judges of the Supreme Court shall
begin on the first day of January next after
their election
The report was signed by Leander ].
Monks, Timothy e. Howard, Ralph Apple
white John S. Duncan and John T. Beasley.
JUDGE HACKNEY'S PAPER.
After the report of the executive commit
tee had been approved, Judge Leonard J.
Hackney was introduced. He spoke "A
Cause on Appeal" He said, in>part:
THE topic assigned to me for this occa-
sion was suggested by the fact that many
good lawyers inl active practice entertain
erroneous impressions of some of the meth
DDS of our courts of appeal in the dispose
ton Of causes, and, from such impressions,
of5 n um}GS l e and is not as
rule, undesired by the judges. Ignorant
and unreasonable criticism of the courts IS
harmful to the best interests of society It's
@ towards
since it often brings them before the pubic
in the light of ridicule and often IN contempt
before the political parties of which they
are members especially If the decision crlu-
cised involves some question OF party IN.
terest. If the court is to be butfeted about
between favorable criticism by the success
full class and unfavorable criticism by the
unsuccessful class, regardless OF the rules or
law involved, then we are in danger OF our
courts leaning toward the most powerful
class and thereby adding oppression to the
weaker.
that the courts of Indiana, or those of any
other State, are being swayed by fear or
favor induced by such criticism, am tully
aware that such criticism is everywhere in
dulged, and that it requires courage ana
fortitude to disregard it. The clean minded
and upright members of the bar can DO
much to induce a higher respect for the
courts be combating unreasonable and I'M
just criticism.
and the conviction that through the Bar
Association and its just and wholesome crit
1ciSD
we may all get nearer to an ideal system
more perfectly carried out.
WIN. P. ROGERS'S ADDRESS.
Following Judge Hackney's address, Will
liam p. Rogers, of Bloomington spoke on
Government by Injunction" He said, in
part:
1T has become fashionable at meetings
and conventions of various kinds to pass
resolutions in condemnation of something or
somebody. This mania for, holding some
body else responsible for whatever ills we
have has recently taken form in resolutions
against certain courts and proceedings
therein, called government by injunction.
80 much has been said of late in con-
domination proceedings that many of our
most intelligent citizens are beginning to
inquire whether the courts have not gone
too far In this direction. The discussions
have usually been on one side only, and are
characterized by base assertions and de-
they have made. The question of govern
ment by injunction has by agitation become
of sufficient Importance to enter into state
and national politics. It has found its way
into the United States Senate and appears
in a number of political platforms. 1t is
of special importance because it forms the
basis of attack upon the highest tribunal in
the machinery OF our government
There may be dangers in our Nation as
now governed. The system which submits
the final judgment of the gravest questions
to the judges of our land, and clothes them
with authority to overturn the acts of leg
islatures state and federal, may not be the
wisest that human ingenuity can devise,
but it has stood the test so we'll with US
that we should hesitate long before chang
ing the system stripping of power our
courts of justice. The wise student and the
safe statesman will not yield up his conf
dence in conservative institutions and es-
tablished rules of government at every i'm
petuous charge against them but will right
ly presume them efficient and worthy till
thorough investigation establishes the con-
trary and something better is offered.
1T is difficult to determine what is Of
fered in the place of the courts right to
the power of injunction has been exercised
order has come out of confusion. Quiet mas
been restored and the community has quick
ly settled down. to business methods of
work Bloodshed has been averted and mob
law held in check. Good and not evil has
always come from thus holding in check
the threatened acts of violence or trespass
which alone have been the means of thus
setting the machinery of courts in motion"
A. C. HARRIS'S PAPER.
Discusses Qualifications for the Bar
in Indiana.
Addison Harris read a paDer on the