The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-07-09
BUSINESS IN THE AFTERNOON.
awyers Time Taken Up in Discuss
ing Committee Reports.

ing Committee Reports.
Discussion that made the second session
Of the State Bar Association meeting yes
terday afternoon unusually spirited. espe-
cially for a hot day, was evoked by the
reading Of the report of a committee that
had not. up to Monday night. expected to
submit any report at all to the a~ssocia-
ton. The m was the one on juris-
prudence and law reform, and its report
was read by the chairman, Albert o.
Marsh. of Winchester, as follows:
The committee mas been requested TO
present TO this bar association for its con-
slderation the following resolution: Re
solved, That we are in favor of establish
ing in the Department Of Justice at Wash
ington a laboratory for the study of the
criminal pauper and defective classes. il
being understood that such investigation is
a development of work already begun un-
der the federal government, and that such
study shall include the collection of socio-
logical and pathological data in hospitals,
schools and other institutions, that espe-
clally the causes OF social evils shall be
sOught out with a view TO ameiorating or
preventing them
Your committee is impressed with the
belief that our statutes relating TO ap-
peals to the Supreme and Appellate courts
need many amendments for the purpose OF
simplifying the practice of reaching cases
on appeal. We think the statute should be
so amended as TO make all motions and
papers filed in the cause a part of the rec
ORD the same as the pleadings, thus doing
away with needless bills of exceptions.
We are of opinion that appeals should be
allowed IN a number OF cases on convic-
lions for miSdemeanor. as well as for fell
ony- We are OF opinion that an appeal
should be allowed to appellate tribunals in
all civil actions. except those originating
before justices of the peace and in munich
pal courts. where the amount in contro-
versy does not exceed $50.
w believe that in equity cases and In
cases tried without a jury the evidence on
appeal should be weighed by the appellate
tribunals and judgments reversed where
the finding is against the weight Of the
evidence. and in other cases the judgment
should be reversed where the finding of the
court and jury is clearly and plainly
against the preponderance of the evidence.
I'VE believe the salaries of judges of the
Supreme Court should be not less than
5000 a year, of Appellate judges not less
than 5000 a year, ard of Circuit and Su-
perior Court judges not less than $500 a
year.
I'VE suggest the appointing of a COM
mittee of five. the chairman TO reside and
maintain an office in India ma polls. for the
purpose of preparing and submitting bills
TO the next Legislature on the lines herein
suggested"
Mr.. Askby moved the adoption Of the re-
port, but this was headed off by a sugges-
ton, which was carried, that the report be
read and acted upon section by section in
order that the association might not act
hastily upon weighty matters.
HON. A. c. HARRIS'S ARGUMENT.
A. c.. Harris made a strong argument for
the adoption Of the part of the report re-
lating 10 reviews of lower court decisions
by higher courts in equity cases. He said
that under the present rule a lower court
may decide an equity case against the
weight OF evidence and the litigant is with
out remedy. This, he said. is unjudicial and
wrong. Louis B. Ewbank. of this city,
thought the decisions of lower courts on
questions of fact ought not to be open to
review. since those tribunals have the liv-
ing witnesses before them and can better
judge of their credibility. Mr.. Harris in
sisted that there is not sufficient perjured
testimony introduced in the courts to make
this point a substantial one. He declared
that the adoption Of the proposed rule
would in the general average be conducive
TO more complete and entire justice.
B. C. Moon, of Kokomo, spoke vigorously
against the recommendation Of the com
mittee, asserting that its enactment into
law would mean a tremendous increase of
the burdens now resting upon the Supreme
and Appellate Courts of Indiana, since il
would compel the judges OF those tribunals
10 read the evidence in every case instead
of passing upon questions of law as they
nov do.
The reading of the second half of the
committees recommendation, allowing re-
view of evidence in appeals in cases other
than equity cases where the decision of the
lower court has been clearly and plainly
against the preponderance of the evil
dence' brought eX-Attorney General Alon-
20 Greene Smith to his feet with a ringing
speech on his lips. Mr.. Smith said the Bar
Association OF Indiana had better consider
a while before il adopted such a recon-
mendation as this.
THE Supreme Court" said Mr.. Smith,
us not a court to take primary cognizance
Indiana-it has not been the theory In any
of the States. l call your attention 10 the
fact that in cases at law where the liti-
giants have a right TO submit their griev-
ances to a jury which is presided over by
a court tina. the Constitution of our coun-
try and of the State gives TO every such
litigant the right 10 have his case tried by
a jury selected in the county where the liti.
cation is commenced, and that that right
canno be taken away from him, that wher
once tried and disposed of the case is hnally
determined and finally settled except by ar
appeal which Is PROVIDED by law, and thai
in the Supreme or in the Appellate Court
there can be no question of re-trying tina
case; there can be no power conferred by
the State Legislature upon the Supreme
Court OF Indiana TO enter into and retry
that case. either upon the evidence in ths
record or by calling witnesses before it
and whenever that is attempted. when yol
have conferred upon the Supreme Court q
power which the Constitution OF the United
States denies TO II, there Is no more danger
Gus step ever taken or ever offered TO b'
taken by the lawyers OF Indiana than this
step. 1t is just exactly what the corpora
AA0AA2 GAAL - 1900 hANN 40
been asking for. IL is exactly what they
will pray YOU 10 do. You ask the Legisla
ture to pass a law giving to the Suprem,
Court the right 10 retry a case ALREADY
tried by the jury in the county where i
originated-I deny the power, there is N
such power In the Legislature. No mans
rights can be taken from him by any suci
methods as that. and you are advancing
upon dangerous ground when you are at
tempting IL here
EICHHORN AGAINST II.
Ir. Eichhorn. of Button. spoke agains
the recommendation Of the committee. Civ
ing it as his opinion that it's adoption int
law would mean endless appeals. or els.
the association would have 10 go a stel
farther and secure the passage OF A Law
giving the appellate tribunals power 10 rem
Ger Judgment on their decisions that lowe
courts had gone against the preponder
ance OF the evidence.
Attorney General Taylor objected 10 tn
recommendation in so far as IL applies q
criminal cases. and said he did not believ
the Legislature has the right 10 pass sucl
a law as the one proposed.
Silas a. Hayes. of Greencastle. talke'
like a campaign orator when he spok