The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-05-26
800 CASES NOW
JAM DOCKET OF
SUPREME COURT
Many Civil Cases Pending
for Years as May
Term Starts.
DUVALL APPEAL ISSUE
Bench to Make Ruling on
Appellate Jurisdiction
in MiSdemeanorS.
BY DANIEL NJ. KIDNEY

Judge Benjamin M. Willoughby
today assumed the chief justiceship
of the Indiana supreme court for
the May term. starting with one OF
the most crowded dockets in the
courts history.
Civil cases of tremendous impor-
lance TO the entire state government
are pending in the court, many OF
them having been there for years.
The criminal docket still carries
such ancient appeals as the murder
case of d. c. Stephenson, which
first was filed in the supreme court
clerks office Oct. 81, 1926
Report has it that the Stephenson
opinion long has been written, but
that the court refuses to hand it
down.
Duvall Case Pending
Former Mayor. John L. Duvalls
case rests, with thirty-four others,
awaiting the courts conclusion on
whether or not the appellate court
has final jurisdiction in misdemea-
nors, as provided under the 1929
statute.
Duvall was fined 81 900 and sem
fenced to thirty days in Jail Nov. 9,
1927. for violation Of the corrupt
practices act in his 1925 mayoralty
campaign.
The case was appealed to the su-
r,rerne coiIrt and transferred to the
appellate court under the 1929
statute. There the ruling of the
lower court was upheld, but the
case was transferred back to the
supreme court on constitutional
grounds.
Since then, thirty cases have
been transferred for similar reasons,
but there have been no rulings from
the court. The law was passed as
an emergency measure to aid IN
clearing the supreme court docket.
It goes out of effect on Jan. /, 1881.
KIinck Appeal Waits
Appeal OF Earl Klinck, one-time
Stephenson Lieutenant, for false use
of a notary seal in forging an aftl-
davit used as evidence before the
federal grand jury in an effort to
trap political corruption investi-
caters. was filed Aug. 9, 1928, and
still is pending.
The citizenry OF Indiana and
functions ~ the STATE and local
governments suffer most from the
delay in civil case appeals.
Since June 7, 1927, property
holder in the Pleasant Run dis
trict of indianapolis have been
awaiting decision of the case of
Johnson ard others against the
city of Indianapolis.
II involves sewer assessments and
Is said to have tied up thousands OF
dollars in real estate, due to cloud
ing of titles.
Whether the public service COM
mission can permit municipal util-
tiles to earn interest on their in
vestment is a matter of Importance
to dozens of communities engaged in
the utility business, with invest
mentS running into millions. This
point is to be decided in the case
of Logansport against the public
service commission, pending since
Nov. Is, 1927.
EuS Lines Suing
Case of the Twin City Bus Lines
against the city OF Hammond will
decide commission or local juris-
dictional points and also inter
state commission jurisdiction. 1t
was sent to the high court March 8,
1928.
Recently argument was heard in
the double liability of state bank
stockholders, a case of vital i'm
portance to finance and pending
since Aug. &c, 1929.
Jurisdiction of the state tax board
in local matters is attacked in a
South Bend case pending since
Oct. 2. 1928.
In all, some 800 cases are pending.
According to the Northeastern
Reporter, the court decided twelve
cases from July 80 to Oct. %. 1929;
twenty from Oct % to Jan. s, 1880
and nineteen from Jan. Is to
March 5, 1880.
The new chief justice is from
Vincennes, Ind, where he was born
Arril 8. 1861. He is serving his
second term, but is up for renomina-
ton on the Republican ticket. Last
time he was elected by a single vote,
the count being made by Repub-
lican secretary of state.
He succeeds Judge Julius G
r,ra,is Ia Porte tn the chieftain-