South Bend news-times. (South Bend, Ind.) 1913-1938, 1921-07-08
HICKEY PRESENTS
NEW COURT PLANS
TO SOLONS TODAY
Local Representative to Wage
Fight For Second District
Bench in State.

\ another federal district Judge for
7 Indiana will be made today by the
I Hon. Andrew j. Hickey, representa-
/ tive from the Is district in the house
I OF representatives. The measure
calls for the dstricting OF the state
\ into FIVE divisions, and provides that
I litigation arising IN various divisions
I shall be tried there instead OF In
I dianapolis, due 10 the expense OF
\ litigants IN going 10 the state cap
I itol.
IN discussing the proposed meas
\ ure Rep, Hickey observed that while
/ Indiana was the 18th state in the
union in the point OF population.
there were many states whose popu-
I lation was less that had more than
one district judge.
/ The congressman further points
out that residents Of South Bend and
other northern cities must travel $50
miles in order to have a case heard
/ by the present district court.
In the event that the state Is di-
vided into divisions. ~. Joseph coun-
J ~ would be in the second division
and litigation arising in that division
would be tried at the place where
/ the federal court holds In addition
to this county the other counties
would be: Lake, Porter, Laporte,
Marshall, Starke. Fulton, Pulaski.
Cas-. Carroll. White. Jasper. Newton,
Benton. Tippecanoe, and Warren.
In commenting upon the expense
f, OF litigation, Mr.. Hickey further ad-
| ded that many railroads and cor
| porations are nonresident corpora
/ tions and as such have the right TO
transfer their suits to federal courts
I The result is, in view Of the ire
/ mendous cost to the litigants. that
/ though their claims are Just. they
/ often conclude TO drop them rather
their cases tried at a distance OF $50
miles from home.
The bill follows:
A BILL.
To provide for the appointment
| OF an additional district Judge in the
/ District of Indiana, for the estab-
/ lishment Of judicial divisions in said
district. etc
Be it enacted by the Senate and
House Of Representatives in Con-
/ gress assembled:
] Section 1. That there shall be in
/ the District of Indiana an additional
! district judge, who shall be appoint
/ ed by the President, by and with the
/ advice Of the Senate. and who shall
! possess the same qualifications and
have the same power and jurisdic-
! ton now prescribed by law in re-
] spect to the present district judge
therein. and the senio~ circuit judge
/ within said district. shall make all
/ necessary orders for the division Of
/ business and the assignment Of cases
| for trial in said district and The
/ several divisions thereof.
Sec. ?. That the judicial district
/ OF Indiana is hereby divided into
| FIVE divisions, which shall be known.
| respectively. as the first division. the
second division. the third division.
| the fourth division and the fifth d.
/ vision of the district Of Indiana. The
counties of Allen, Dekalb. Steuben.
| Lagrange, Noble. Elkhart, Koscius-
| ko, wabash Miami Huntington.
/ Whitley, Wells. Adams Bla oxford
and Jay shall constitute the first di-
vision. The counties Of Lake, Por-
I ter. DaPorte, st. Joseph, Marshall,
| Starke, Fulton, Pulaski. Case. Car
roll. White. Jasper. Newton. BENTON.
/ Tippecanoe and Warren shall con-
/ stitute the second division. The
! counties OF Vanderburg, Posey, War
rick. spencer, Perry. Dubois. Pike.
| Gibson. Knox Daviess, Martin.
I and Crr1TfH-aV cI,a1T roVr+;+r,4o
/ the third division. The counties Of
| Floyd. Harrison, Crawford. Orange
Washington, Clarke, Lawrence,
\ Jackson. Scott, Jennings. Jefferson.
/ Ripley, Ohio and Switzerland shall
! constitute the fourth division. The
! remaining counties embraced in said
\ district shall constitute the fifth d.
vision an6 TIE terms Of the circuit
I and district court for said district
/ shall be held in said several di-
visions at the times and places now
prescribed by law.
Sec g. That all civil suits and pro-
ceedings not of a local character
which shall hereafter be brought in
said district against a single Ge-
l PENDANT, or where all the defendants
Z ItSAut III Al4t SAINT u4NlSAOll III EAiu
I district, shall be brought and tried
/ in the division in which the de-
/ PENDANTS reside. but II there are two
or more principal defendants resid-
| ing in the different divisions. such
suit or proceedings may be brought
and tried in either division, and all
mesne and final process subject TO
/ the provisions OF this act, issued in
| either Of said divisions. may be
served and executed in any or all If
/ served and executed in any or all Of
Sec g. That in all cases of re-
moval OF suits and proceedings from
| the courts OF the state OF Indiana TO
/ the courts Of the United States In
said district, such removal shall be
I TO the United States courts in the
| division in which the county is sit
uated from which the removal IS
made, and the time within which the
removal shall be perfected, insofar
/ as IL refers 20 or is regulated by the
/ terms OF the United States courts IN
| such division.
Sec. 5. That prosecution for
! crimes or offenses hereafter COM
mitted in said district shall be tried
within the division in which said
| crimes or offenses are committed.