The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1907-03-28
IS SUPERIOR
COURT LEGAL
Judge Dodge's Opinion May
Invalidate Branch of
Indiana Bench.
IS NOT CONSTITUTIONAL
Suit In Which This Ruling Is Made
Brought By Elkhart Coun-
" Taxpayers,

decision has been handed down by
Judge James S. Dodge of Goshen, which
if upheld will wipe out of existance
the superior court of Lake county and
invalidate all actions which have been
taken in the said court since its estab-
lishment.
The action in which the decision was
rendered was a suit for injunction
brought against the officers of Elkhart
county by which some of the taxpayers
of the county, more particularly those
in Goshen sought to prevent the estab-
fishing of a superior court In Elkhart
Judge Dodge found for the plaintiffs
The suit was brought on the ground
that the court was an unnecessary ex-
pense and Judge Dodge declared that
the bill establishing the court was un-
constitutional. The case is interest
ing in that 1t raises the point as to
whether legislatures have the power
to establish courts.
Patterned After Lake County Law.
The law creating the Elkhart-St
Joseph superior court was patterned
after the law which established such
courts in Lake, Porter and LaPorte
counties. And this fact gives 1t its
local significance.
The action of the taxpayers of Elk
hart county is said to have had it's
origin in the jealousies that the smaller
OF two cities in a county has for the
larger, especially when the smaller
city happens to be the county seat as is
the case with Crown Point and Ham
mond, LaPorte and Michigan City and
Goshen and Elkhart.
The people Of Goshen, a city of little
over 1000 population and the county
seat of Elkhart county, are fearful
least Elkhart, which is over twice the
size, will take the county seat away
from them and it is said that Judge
Dodge, who naturally is in sympathy
with the Goshen people, was pre-
| JUDGED. His decision will at least
most likely delay the locating of the
court at Elkhart.
Are Preparing Appeal.
| However, the Elkhart attorneys are
at work preparing an appeal to the
supreme court and IT is intimated that
the governor will ignore the decision
of Judge Dodge and appoint the judge
/ of the Elkhart-St. Joseph superior
court as thought the question Of the
constitutionality of the law providing
for such courts had never been raised
1t has been stated that If the su-
preme court Of the state upheld Judge
+ Dodge it would make void all of the
business that has been done IN the su-
perior courts at Hammond. Valparaiso
and Michigan City. 1t is said thaf
when a law providing for court /.
unconstitutional it must have been un
constitutional from the beginning
This being true, If the decision O
Judge Dodge was upheld, all cases af
fecting the title Of real estate. all pro
bate and other matters, all convic
tions of criminals and all divorce de
crees would be declared illegal
There is also considerable specula
ton as to what would be done If Gov
ernor Hanly would back up his judg
i ment as to the constitutionality of tn
law by appointing a judge. The Elk
hart attorneys say that the wheels o
justice would begin turning in spit
Of all the opposition that Goshen coul
bring.