The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-07-08
Circuit Courts, as Now Constituted,
Not the Best Method of Adjudicat-
ing Citizens Rights.
REMEDIES FOR TRUST EVILS
WALTER s. LOGAN, OF NEW YORK,
MAKES TIMELY SUGGESTIONS.
One Hundred and Fifty Leading Jur-
lists of State Attend Opening Ses-
sion at CIaypool Hotel.

The address of Judge Truman F. Palmer
of Monticello, president of the State Bar
Association, at the first session of the an
day morning, was a notable expression of
the views of an eminent jurist on 1.-The Cir
cult Courts of Indiana" One hundred and
fifty of the leading lawyers of the State
were present and heard also the address
of Walter S. Logan, of New York, on
Legal Remedies for Trust Evils"
The courts of Indiana are badly in need
Of revision, Judge Palmer believes, and the
fact is so patent to the bar as to need no
demonstration. The primary function of
the State Bar Association, Judge Palmer
believes, is to carefully and wisely consider
and recommend reforms in the legal pro-
cedure of the State. Reforms must be
brought about by legislative enactment, he
thinks, rather than by constitutional re-
vision, for the reason that the latter meth
cd would be involved and uncertain On
the method of selecting circuit judges
Judge Palmer said:
PARTY LINES DRAWN.
Because judges are chosen at regular
elections when the party lines are closely
drawn and political excitement runs high,
judges are often, too often, chosen because
of their political Affiliations. In the ex-
citement of a political campaign party ad-
herence is apt to be considered the pri-
mary, if not the sole test Of fitness to wear
the judicial ermine. When chosen, circuit
judges preside over courts to which the
electors who are his friends, or enemies.
his personal acquaintances, must come for
that justice which is guaranteed by the Con-
stitution. Being but man, the judge may
be, and sometimes is, influenced by his
political and personal friendships and to
that extent may justice go amiss.
.Even though the judge have none of the
prejudice of other mep and may be able
to mete out justice alike to friend and foe.
yet, upon assuming his Office, the average
circuit judge in Indiana will find his duties
so complex and so multifarious as to rem
der it practically impossible to discharge
all in careful and accurate manner
Since the abolition of the Common
bofh hs Common m law and an eouitv 3uro ,rt IS
a civil and criminal court q probate and
an exchequer court In fact, in the less
populous counties, the administrative and
clerical duties imposed upon the Judge of
the Circuit Court take so much of his time
that careful delibera ton upon strictly Judi
cial matters Is often impossible. Some
things must De neglected., some Judgments
must be hasty, and some, at times, are inn
perfect" {.
THREE REMEDIES PROPOSED.
Three important remedies for existing de-
fects are pointed out by Judge Palmer. as
follows: /. That judges be chosen at an
election separate and apart from State or
national elections. This would tend to elm
mate political prejudice and to the selec-
ton of the man fittest for the place.
q That several courts, each having a spe-
cific function. should be created to assume
the raried functions now discharged by the
Circuit Court. This is but an application to
our judiciary of the modern doctrine of
specialization We would have then a range
Of jurisdiction within which ii would be
possible for a judge to become skilled and
accurate in all matters that come before
him.
iudges be free TO act. several circuits as
now composed. should be combined in one
circuit This would give an alienation of
Judges and relieve any judge from holding
court il the circuit where he resides. The
presiding Judge would be a stranger both
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