The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-01-24
States Supreme Tribunal
Finally Decides Enough
Cases to Fill Book.
WAIT FOR TWO YEARS
Four Terms Necessary to
Provide Rulings for
'2OOth Indiana
BY DANIEL Nj. KIDNEY

Indiana's Supreme Court Reports,
Volume 200, is on the press at last.
it was announced today by Miss
Genevieve Brown, reporter of the
supreme and appellate courts.
Lawyers long have been protest
ing about the protracted delay, for
two years have elapsed since Vol
ume 1879 was issued. Two appellate
court reports have appeared in book
form in the interim.
Cause of this unusual delay was
explained at the Indiana State Bar
Association midwinter meeting re-
Gently by Benjamin F. Watson of
Miss Browns Office. 1t was simple
| answer.
"The supreme court had not
handed down sufficient cases to
make up a volume" Watson ex-
planned.
Shumaker Case Lengthy
In an interview Watson elaborated
on this theme.
He pointed out that the "200th
Indiana" will contain the TOO pages
prescribed by law and that 100 of
these will be taken up by the Shu-
maker contempt case.
Usually it takes about 104 su-
preme and 40 appellate cases to
complete a volume. With the Shu-
maker case, Volume 200 will not
contain so many. Otherwise, delay
would have been even longer.
Any two terms of court custonlar-
lily have been sufficient to provide a
volume in the past. But four terms
were necessary for Volume 200. It
will contain the May and November
terms of both 1927 and 1923, which
includes part of the court sessions
in the calendar year of 1929.
Court Slows Up
Following the 1929 legislative SEES
sion the supreme court got rid of
100 cases at one fell swoop. All the
miSdemeanors were transferred to
the appellate court under a new
statute. That court since has set
a record for rapid decisions. The
supreme court in the interim has
proceeded even more slowly, so far
as decisions are concerned
A proportion of this is explained
by the marked division of the SUI
preme court judges on questions in
Volving public policy.
The split Is three to two, with
Judges Charles r. Martin and Will
lard B. Gemrnill on the minority
side. All members of the court are
Republicans.
Outstanding cases on which the
court was divided were the Shu-
maker contempt cases final dispo-
sition and the city manager law
Majority members of the court held
the latter unconstitutional
Ninety Decisions Given
Since 200th Indiana has gone to
press, ninety decisions have been
rendered by the high court during
1929, according to current North
eastern Reporters.
Records in the Office of Charles
Biederwolf, clerk of the supreme
and appellate courts, show 1853 SUI
preme court cases are pending.
At the present rate of filing and
decisions, the court is several years
behind, despite the relief afforded
by unloading the nlisdemeanor
cases.
Of the ninety cases now ready for
the next court report, judges rem
dering the decisions are as follows:
Judge David A. Myers, II; Judge
B. M. Willoughby, Is; Judge Julius
c.. Travis, II; Judge Gemmill, 81,
and Judge Martin, %.
Eleven Rulings by Myers
These cases cover about ten and
one-haf months time.
Myers was credited in one calendar
year with eleven decisions and in
another year with nine. At a salary
Of $4,000 a year, this means the
state pays about $1,000 a case from
Judge Myers.
In addition to the decisions
written by individual judges, there
always are few marked per
curiam," which are credited to the
entire court. Three of these are in
cluded in the ninety.