SUPERIOR COURT FOR VIGO COUNTY.
Mr. Kenner's bill [H. R. 17] establishing a Superor Court in the County of Vigo was read the third time. He said the bill was introduced at the request of the Representative from Vigo who is unfortunately kept at home on account of sickness. Under our present Constitution we have only two Courts of general jurisdiction. The objection had to putting the civil jurisdiction into the Criminal Courts is throwing together that which would not work well; and, fur- page: 262[View Page 262] ther, that the Circuit Courts all over the State today are better adapted to take care of the criminal business than the Criminal Courts themselves. He thought the bill ought to pass.
Mr. COLE--The fact of the case is this: A bill was introduced here which had the support of the entire Democratic Bar of Vigo County, and about half of the Republican Members of the Bar, for the conferring of civil jurisdiction on the Criminal Court of Vigo County concurrent with the Circuit Court of that County, except on matters of probate. Of course that falls entirely to a separate Court. It had the approbation of a large majority of the Bar of the County. Now, I can see no reason, either from an examination of the facts or after hearing the arguments of these gentlemen, why one Court should be abolished and another be established, if the same men can not be retained in the same Courts. I can see but one object or reason for the passage of this bill and that is to legislate out of office a Democratic Judge and Prosecuting Attorney, each of whom have been three times elected successively in that County by a large a majority, and legislate a Republican Judge and Prosecuting Attorney into power. I hope this bill will not pass.
Mr. NEFF--In my judgment, a legislative body without some great cause or some special emergency ought to be slow in voting against the will of the people. The people of Vigo County have elected a Judge and Prosecuting Attorney. This bill simply seeks by its adoption to legislate one man out of office and another in. Three years ago, upon petition, there was given to the people of Vigo County a Criminal Court. When the Court is workng well this measure is urged which seeks to strike down their jurisdiction. I ask you to rise above party spirit and let the people of Vigo County have the men they elect.
Mr. CAUTHORNE--They have already the machinery in operation. If they need more Court facilities there we can relieve the Circuit Court of a part and confer it upon the Criminal Court already in operation. I do not care whether the Judge is a Democrat or Republican--that should be out of the question. There is no limit to the jurisdiction you can confer upon Criminal or Circuit Courts. The objection to this bill is that it will put Vigo County to the expense of electing a new Judge. We can relieve them of that trouble by leaving the thing as it is; therefore, I hope this bill will not pass.
Mr. MELROTH thought the Legislature had a right to legislate men out of office as it has to legislate men into office. He said the County would not be at an expense of an election, as the Governor would appoint a Judge until a regular election.
Mr. JOHNSON said there was no objection to the bill from the citizens of Vigo; that two years ago when the wheels of G overnment went in the hands of the Democratic members did not cry "Rise above party." He believed this bill to be in the interest of Vigo County, and it ought to pass this House and become a law.
Mr. GIBSON opposed the bill because there would be no gain by such a change, and it might work a bad result.
Mr. CARTER thought it was time to abolish the criminal Court and relieve the County of its civil business. It would be a singular thing if the Court, organized for the purpose of criminal jurisdiction only, should be restricted to civil jurisdiction. It would be something strange. He hoped the bill would pass, so the people of Vigo County could have relief in civil jurisdiction.
Mr. KENNER--I do not believe that the gentleman from Miami (Mr. Cole) or any other member on this floor, can cite to a single instance where civil jurisdiction has been conferred upon a Criminal Court, whereas, in every County in this State, we have a Civil Court with criminal jurisdiction. I say a Criminal Court is a recognized Court under the Constitution of this State, that it is a creature of statute, and it must exercise the jurisdiction of the statute that created it. I am opposed to conferring civil jurisdiction on Criminal Courts.
