THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
SATURDAY, December 21, 1872.The House met at ten o'clock, a. m., and the reading of the Journal of yesterday was dispensed with.
THE SPEAKER.
Mr. OFFUTT, (Mr. Cauthorn being in the chair,) submitted a resolution of thanks to the Honorable William K. Edwards for the able and efficient manner in which he has discharged the duties of Speaker during this session, and that in his retirement from that position at the close of the session, he carries with him the best wishes of every member of the House of Representatives for his personal prosperity. He said: I am sure the House will concur with me in what the resolution expresses, and I think it would be well to pass it by yeas and nays.
Mr. RUMSEY. I know it is unanimous--the yeas and nays would be a useless formality.
On the motion of Mr. KIMBALL the resolution was adopted by the rising vote unanimously.
JUDICIAL APPORTIONMENT.
Mr. WOOLLEN. There was a concurrent resolution offered by me some time ago to make a trial to equalize the judicial apportionment of the State. It was lost when we wanted it yesterday, but I understand from the Clerk that it has been recovered. If the House consent, I would like to have the resolution taken up.
There being no objection, it was read by the Clerk.
It proposes the appointment of a joint Select Committee of nine members of the General Assembly--six on the part of the House of Representatives, and three on the part of the Senate--distributed equally as near as possible throughout the different counties of the State, whose duty it shall be to apportion and equalize as near as may be, the several Judicial Districts and Circuits, the Circuits to be formed on a basis of not less than 60,000 inhabitants--the time of the Judges in the Courts to be at least forty weeks in each year. Said Circuits to be made with respect to the present residence of the Judges; the committee to sit during the vacation between this and the regular session, and that each member thereof be allowed five dollars per day.
Mr. WOOLLEN. I felt before I came here, and I believe it is the unanimous feeling of the people, that something ought to be done by the Legislature to equalize the labor of the judges with a view to raising their compensation. I do not know that it would require an increase of the number of the judges. And there is another thing--as little expense as possible should be charged to the State till we shall see whether anything can be accomplished. I would like to have the opinion of the House. My idea was this: that this committee should address letters to the judges, asking them to meet the committee in this city on a certain day before the regular session, and talk with them of page: 372[View Page 372]the expediency and possibilities of rearranging the circuits and districts. The judges might come by the first of January and sit till the next session. I would like to have the opinion of the House as to what good can come out of the proposed committee.
Mr. GIVAN. I heartily concur in the object of the resolution. We have probably the most expensive and abominable judicial apportionment and judicial system that can be conceived. As to the basis of 60,000, it is too large.
Mr. WOOLLEN. I propose no rule. I put that in as a basis. The committee would not be compelled to follow it.
Mr. GIVAN. That ratio would make the circuits too large, especially if we abolish the Common Pleas. [Mr. Woollen, in his seat: That will not be done.] The object being two-fold--to equalize the labor and to increase the compensation of the judges. I do not know any better way to proceed than that in the resolution. The proposition should certainly be before us in the early part of the regular session.
Mr. MELLETT. As to whether this is the proper time to consider this subject, I do not know. I think I know one thing, and that is, the time of members has been pretty well occupied during the present session. As to the necessity for the work of the Courts being done promptly, there can be no doubt. There is no question about the fact, that we have more Circuits than we need; and that they are unequally distributed if we have the proper number. During the past few years a great many new Circuits and Districts have been formed simply by cutting one in two. I have known a great many instances of that kind, and that shows upon its face that we are making districts smaller than they should be: one Judge has had too much work, and by making two circuits for his relief the circuits have been made too small, and that is the only way it could be done without redistricting the State. I think the fewer circuits and Judges, the more hard the work, the better Judges we will have on the bench. If the Judge's time is all occupied, as much as his strength will bear, his entire attention is rivetted upon the one subject of his calling, whilst, if he occupy but half his time on the bench, for the other half he is occupied with things outside of his profession; but if he were engaged all the time holding Court, he would be occupied with his profession and constantly improving himself therein. Judge Bicknell, for example, has eight counties, and he probably does more work than any one Judge in the State, for the reason that his entire time is devoted. He has reduced his profession to a science; and I will guarantee that you have better work in his circuit than in any other circuit in the State. Then there are other Judges who don't do half the work, but they all draw the same pay. If we raise the salary it is absolutely necessary that we reduce the number of Judges. This proposition, I believe, will work a great saving to the taxpayer, and bring our practice into better repute. And, if it should be deemed necessary that this committee should be appointed now, I am in favor of the resolution.
Mr. SHIRLEY. I do not wish to discuss the merits of the resolution. I am in favor of it, and I simply rise to offer an amendment by proposing a clause "to instruct the committee to invite, by notice in the Journal and Sentinel, the Judges of the District and Circuit Courts to meet in this city with the committee and give them the benefit of their advice."
Mr. MILLER. I am decidedly in favor of the object sought to be accomplished, but I very much question whether we are beginning in the right way. There is universal complaint that our judicial system is not what it should be. My idea is that we had better first determine what kind of a system we will have. There is a proposition to dispense with the Common Pleas; and it is perhaps only in this way that we will be able to establish a proper system. As it is, the terms of the Common Pleas ought to be held between the terms of the Circuit Courts, to accommodate appeals; and it will become a grave question whether the one or the other court shall give way. My idea would be first to establish these points, whether we are going to have a Common Pleas and Probate in each county, or whether we are going to have an undivided court; and in either case it would involve a redistricting of the State. But if we abolish the Common Pleas, then there would be no necessity for a redistricting. I am opposed to the appointment of this committee, simply because it will result in continuing our present pernicious system.
Mr. SATTERWHITE. Would it be possible for this committee to legislate any judge out of office?
The SPEAKER. No, they could not do that.
Mr. MELLETT. We can't reduce their number, but we might reduce their time. But if we could reduce their number we would have a better system of justice. I should like to vote for a bill to raise the salaries of judges like Judge Bicknell, but page: 373[View Page 373]not of those who devote half their time to farming or fishing.
Mr. GIVAN. I think it would be a good thing for some of the judges to lay idle more than they do. My idea is that you would do better to abolish the Common Pleas and have a Surrogate system, so that the judges may be occupied all their time in the larger counties and the adjoining smaller counties in the same district. It seems to me that would be much cheaper. The expensiveness of our system is not so much in the salary of the judges as in the expenses of the litigants by frequent attendance and delays.
Mr. WOOLLEN. The resolution does not contemplate legislating the judges out, but to equalize the labor amongst them. Our proposition here is to pay the Common Pleas judges out of the State Treasury, and so long as that is done it is absolutely necessary that the labor should be equalized.
The resolution was adopted on the part of the House of Representatives.
THE ADJOURNMENT SINE DIE.
Mr. TULLY submitted a concurrent resolution (which was adopted on the part of the House of Representatives), that this session of the General Assembly shall be adjourned to-morrow (Sunday) morning at ten o'clock.
Mr. LENFESTY submitted a resolution for the tender of the thanks of the House of Representatives to officers, reporters and employes for their promptness and efficiency, adding good wishes, which was adopted without dissent.
Mr. SHIRLEY and Mr. FURNAS had drawn, and were ready to offer, similar resolutions.
Mr. PFRIMMER submitted the following:
WHEREAS, capital punishment is abhorred by the intelligence of the age, and forbidden by every noble impulse of the human heart, therefore--
RESOLVED, by the General Assembly, that the Governor be requested to commute, with imprisonment for life, the punishment of every person now under sentence of death in the State of Indiana.
On the motion of Mr. MILLER, it was laid on the table.
Mr. SHIRLEY seeing that nothing more is likely to be proposed or called up, moved that the House adjourn till two o'clock, and that members living at a distance who desire to return home by the afternoon trains be allowed to do so.
The SPEAKER. The Governor will have a communication for the House this afternoon.
The motion was adopted by unanimous consent.
The House then took a recess till two o'clock p. m.
AFTERNOON SESSION.
The SPEAKER resumed the chair at two o'clock p. m.
A message from the Senate announced the recession of that body from their disagreement to the House amendments to the Public Buildings bill.
JUDICIAL APPORTIONMENT.
On motion of Mr. WOOLLEN, his concurrent resolution for a joint select committee to rearrange the judicial districts was taken up by unanimous consent, as by reconsideration of the vote on its adoption by the House of Representatives, and he moved to amend it by striking out the words which make it a concurred resolution.
The SPEAKER. It provides for six members of the committee on the part of the House--how many will the gentleman have?
Mr. WOOLLEN. Nine members of the House appointed by the Speaker.
The amendment was agreed to making it an order of the House of Representatives.
And so the resolution was adopted.
A message was received from the Governor by the hand of Captain John M. Commons, his private Secretary, with information that His Excellency had approved, signed and filed in the office of the Secretary of State, sundry acts and joint resolutions originating in the House of Representatives.
A message from the Senate informed the House of Representatives that that body has concurred in the House concurrent resolution to adjourn sine die to-morrow at ten o'clock, a. m., with an amendment to read: "12 o'clock, midnight." Also, that that body has passed a concurrent resolution for a joint select committee of nine for re-arrangement of the judicial districts and circuits of the State, and report a bill for that purpose to the two Houses of the General Assembly at the next session. [It is identical with Mr. Woollen's.]
The Senate judicial concurrent resolution was taken up and adopted without a division.
Mr. WOOLLEN. As my resolution is now superseded by this action of the House I suppose it would be proper to ask that the action just taken on my resolution be omitted in the journal.
The SPEAKER. It will be so ordered by consent.
page: 374[View Page 374]STATE'S PROPERTY.
Mr. KIMBALL submitted a resolution for an order (which was adopted) that the door-keeper be directed to take charge of the property belonging to the State in the different committee rooms of the House, so that the same shall not be lost to the State.
SUNDAY SESSION.
Mr. KIMBALL submitted a motion (which was adopted) that when the House shall adjourn, to-day, it shall be till ten o'clock tomorrow morning: whereupon Messrs. Johnson and Edwards, of Lawrence, were appointed a special committee to secure the attendance of a minister of the gospel to open the sessions with prayers.
ASSESSMENT ACT.
A message from the Senate announced a concurrent resolution of that body directing the Secretary of State to cause to be printed 1,000 copies of the Assessment act in pamphlet form, and that six copies thereof be transmitted, without delay, to each of the County Auditors in the State for the use of county officers.
The resolution communicated with the foregoing message was taken up and concurred in on the part of the House of Representatives.
The House then adjourned till to-morrow (Sunday) at ten o'clock a. m.
