The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-06-05
STATE SUPREME
COURT HITS ON
BETTER TIMES
Highest Tribunal Gusts Fac
tionaIism and Work
Gains.

40 ~ ~NN~N~>-J'
For years the Indiana supreme
court was something to talk about.
Like the weather, everybody COM
planned about it, but nobody did
anything.
There were reports of factional-
ism within the states highest
tribunal and it was whispered that
petty personal feelings resulted in
endless pickering and, consequent
ly, in delays.
1t became almost an open secret
that no sooner would one justice
start to read an opinion than an
other justice, solely motivated by
personal jealousy, would raise some
point of law which he would insist
the expounding Justice had raised
against him on some previous
opinion.
Cases would drag along in the
supreme court, in some instances, as
long as eight years. A years pro-
duction of one justice during the
period amounted to the staggering
total of half a dozen opinions. none
of which were particularly out
standing, according to expert juristS.
The time in which a petition to
transferable procedure for the trip
from the appellate court to the SUI
preme court-ranged from one to
five years.
New Regime Enters
This state of affairs ruled for a
decade during which the Indiana
court had practically no national
ranking. 1t was due to personnel
weakness and partly to the cumber-
some appellate procedure employed.
Came the new regime of Judge
Walter Treanor Bloomington;
James P. Hughes, Greencastle;
Michael Fansler, Logansport; Curtis
Roll, Kokomo, and David Myers,
Greensburg, the last-named the
only Republican justice.
Something WAS done-the court
went to work. Factionalism and
petty jealousies were eliminated.
Facing a burdensome inheritance
of old cases, the incumbent justices
worked with dispatch and the re-
suit is that today there only are
about twenty petitions for transfer
pending, the majority of which were
filed this year
This is marked change from
the old days when, prior to late in
1888, there usually were from 100
to $50 petitions pending.
OF appeals over which the SUI
preme court has direct jurisdiction.
such as those involving constitu-
tional questions, criminal convic-
tons and public service commission
findings, there are at least 20 per
cent less now than at any time
during the last decade.
Many of these appeals, too, are
of recent filing.
Mandates Show Gain
And while criminal case appeals
decreased as the first faint notes
of prohibitions swan song we're
heard, the present court has had
a compensatory increase in work
from original actions, such as
writS of mandate and writs of pro-
hibition.
Attorneys, in recent years, appar-
emily have tumbled to the fact that
it is easier to dispose of original
actions by taking them to the high
court than go through an appeal
from the lower courts ruling.
Too, recent unusual legislation
has increased the number of such
actions in Indiana, with the state
liquor control act fertile breeding
ground for writs of prohibition.
The judicial picture can not be
painted in such glowing colors in
the appellate division, where there
are approximately Is per cent more
cases on file now than in the past
However, the lower of the two
, higher courts in making progress
and has had to contend with a
problem not faced by its big
brother"
That problem was, or is, depend
ing on your economic optimism, the
depression.
Food for Thought
Philosophers may find some nour-
ishing fod for thought in con-
temptation of the effect of a de-
preston On the courts, and particu-
larly on the appellate court where
civil appeals are taken.
When money is tight, people are
more ready to litigate and COMPARE
tive insignificance of the amount
involved does not lessen the readi-
ness.
If times are good, the usual re-
action to an impasse in a financial
disagreement is, Tets compro-
mise"
If times are bad, the cry is,
s'wen sue,' and the answer is, we'll
appeal if we lose"
The result is that the appellate
court becomes in a depression
haven for those striving to maintain
solvency on a shoeString and those
who know they'll lose, but want to
keep their money as long as pos
Sible.
Philosophizing is borne out by
figures, because 1888 was an all-time
record year for the filing of civil
Judgment appeals.
Thus, the appellate court still is
feeling the effect of the recent"
depression, although much of its
work ahead is of comparatively re-
cent filing.
And one of the things that may
make it seem a trifle laggard in
comparison TO the supreme court is
the necessity of passing on ''depres-
sion cases."
/ These include cases where the
\ amount involved is only $50 and the
costs of the record will amount to
three times as much.