THE JUDICIAL SYSTEM.
Mr. Woollen (by leave) from the Joint Select Committee thereon, returned the bill [S. 238] to divide the State into circuits for judicial purposes, to abolish the Common Pleas Courts and the office of District Attorney, to provide for the transfer of business to the Circuit Courts, etc., with sundry amendments, making charges as to the courts in Rush and Decatur, Hamilton and Madison, Henry and Hancock, Delaware and Randolph, Wells, Adams and Jay, etc., etc., etc., were adopted.
On motion of Mr. Ogden, the 14th and 20th sections were amended so as to connect the county of Hendricks with'the county of Marion.
Mr. Edwards, of Vigo, (Mr. Walker in the chair) submitted a motion to amend further by striking from the 14th section the words, "and Sullivan," so as to give to Vigo county a separate circuit. The county of Vigo is one of the largest counties in the State, and ought to be a separate circuit as much as the county of Wayne; and besides this, the people in Wayne are peaceable, requiring little or no litigation, while we in Vigo are a business people and have litigations.
On motion of Mr. Gregory, the proposed amendment was laid on the table.
Mr. Gronendyke also made an ineffectual motion to amend in sections 22, 31, 32, 67 and 68 so as to change the circuits for the counties of Warren, Parke, etc.
On motion of Mr. Woollen, it was ordered that the amendments be considered as engrossed,and the bill as amended, he read the third time now.
Mr. Heller. Mr. Speaker: If ever the old adage that politics makes strange bed fellows was verified it is now by the supporters of this bill. At the last session there was an apportionment bill passed here, and those who acted with me signed a protest against it as a fraud on the people. But now I find men on my side joining the opposition and proposing to commit a fraud upon the people ten times more damnable than that. This bill proposes to legislate over thirty of the best men in the State out of office, and leaves them ineligible for four years to any other office from the time of their election. Gentlemen may put that in their pipes and smoke it. That is one of the bad features in this bill, that we have no right to enact under the Constitution. We have been perfecting our present judicial system for the past twenty years, and it is proposed by this enactment to strike down the whole system and begin anew in an untried field. When perhaps in less than ten years we will adopt a new Constitution, then all this will go for nothing. The manner in which gentlemen electioneer for this bill is carious in the extreme. When any one tells the gentleman from Knox [Mr. Cauthorn] that he does not intend to vote for the bill, he indignantly gets up and makes right off on his ear like a mad steer going through a cornfield, ribs distended, back bowed up and the tuft on his tall sailing higher than the corn tassels. [Laughter.]
I know the gentleman from Johnson [Mr.Woollen] denies many things that the bill proposes, but he will find as he goes round pulling wool for shoe - thread in the way he does that he will come out with much more wool than thread. And one gentleman reminds me of a whiffet who rushes out through the fence in front of a farm house and pulls a few threads from the legs of the travelers breeches and thus excites Bull and Touser to the attack, whips back again through the pailing barks and scratches sand and gravelwell just thinks he has done it. [Great laughter.] We are only a match for them in one thing, they have the Delaware Chief; we, to balance accounts, can glory in the thought that the Wabash giant [Mr. Cowgill] is on our side. Why sir, the first thing we know the gentleman from Wayne [Mr. Walker] will lift the curtain from his marble brow, throw out his enormous wings and soar to the clouds, from whence he will drive his thunderbolts through this hall, spit his liquid fire all over us, then deftly snatch a varigated ribbon from the rainbow kindly condescend to descend to mother earth and wrapped in the glory of his own feelings assist the unharmed in caring for his dead and dying. [Voices: "Louder," "louder!" with laughter.] The people of the State can not afford the ex page: 217[View Page 217] pense that will be involved by this measure. In Allen county we have three Courts and they are all behind; abolish one and where will we be? We have 60 or 70 lawyers, and but two of them so far as I know are in favor of this bill. Therefore I do protest against its passage. It leaves the way open for four grand juries every Circuit Court can call a grand jury. I know that the gentleman from Johnson denies this, but it is only for the purpose of pulling wool over our eyes.
This is one of the force puts which I claim is no put at all. And the friends of the bill are all the time demanding the previous question. They are afraid to let the discussion of it go to the people, and it is only by my stubborn persistance that I now have the floor. We have here plenty of Senators and Representatives who desire to be judges and are bound to pass this bill, notwithstanding the difference in some of the districts in population is at least 40,000. What can there be in such a measure that is honest and just? The proposition is to increase the salaries to $3,000 for thirty-eight judges that will amount to $114,000. At the next regular session they expect to come here and double the number which will make 76 in all increasing the expense to 228,000. So it is plain to be seen that this is but the entering wedge and what will follow remains to be seen.
Mr. Willard demanded the previous question, and under its pressure, the bill as amended was finally passed the House of Representatives yeas 51, nays 37.
