ABOLISH CASS SUPERIOR COURT.
On motion by Mr. GRUBBS, the Constitutional restriction was set aside--yeas, 37; nays, 0; and Mr. Kahlo's bill [S. 299] to abolish the Superior Court in Cass County was read the second time by title, considered as engrossed and read the third time.
Mr. BROWN opposed the bill. At a late day it is introduced. The Court was established by a solemn act of the Legislature. There has been a great protest filed against it, and it seems too much like a political measure, and ought not to pass.
Mr. VAN VORHIS desired to hear from the Chairman of the Committee which considered a similar measure.
Mr. LANGDON said the Committee unanimously refused to recommend the passage of a similar measure. After hearing all the evidence and argument of lawyers and citizens, the Committee came to the conclusion the people of Cass County could not get along without this Court.
Mr. GRUBBS was also a member of the Committee, and the conclusions were substantially as stated, but that measure, besides providing for the abolishment of the Superior Court, provided for creating a new circuit; therefore he, for one, became satisfied the people of Cass County desired the abolishment of this Court, though some lawyers there were opposed to it. This bill simply provides for abolishing the Superior Court, leaving Cass and Pulaski Counties a Circuit. The unanimous conclusion of the Committee was that the bill before them ought not to pass.
Mr. KAHLO referred to the failure of a bill in the House of Representatives by reason of a lobby of lawyers. But if left to a vote there would not be one in twenty in Cass County but would favor such bill. He did not want any one to think there was any politics in this matter; the contrary is the case.
Mr. VOYLES thought the bill is being hustled along a little too lively.
Mr. KAHLO appealed to the Senate to help and assist him in this matter. He assured members that there would be no call for a Criminal Court there if the bill be passed--he would guarantee that.
Mr. GRAHAM was informed there was a general demand among the citizns of Cass County to abolish this Court.
Mr. URMSTON was present, by courtesy, in the Committee Room when a similar bill was discussed and there were three to one against the passage of the bill. He remembered that it was stated then that at a consultation called in Cass County for getting an expression on this subject there were some thirty odd for such a measure and forty-nine against it. Attorneys then present insisted if that Court is abolished there must be some other provision made for disposing of the the Court business. It was there stated that some two years ago a bill similar to this passed the Senate and came near passing the House, and the question was put to the Senator why he had not introduced the bill, and he replied to the effect there was too much feeling about it in his County.
Mr. VAN VORHIS said it was manifested and acknowledged by one at least asking for the abolishment of this Court that there was a personal feeling against the Judge--a number desired to get rid of him.
Mr. CHAPMAN believed this bill should be passed. It is presented by the immediate Representatiave of that County. The presumption is that there is a competent man on the Circuit Bench, and every lawyer knows the Judge can perform, with plenty of leisure time, all the business of two Counties with no more population than the Counties of Cass and Pulaski. He favored setting these Superior Courts out of way whenever an opportunity offers, and such action is due to the people where it can be done without doing injustice.
Mr. SPANN understood the creating bill was passed in 1877, with the understanding it was created to give temporary relief, and the people gave their consent expecting the Court was to be abolished in 1879. The bill passed the Senate, and was defeated in the House by only three votes. It should be the duty of the General Assembly to abolish Courts whenever the people demand it. He affirmed it as a fact that both Mass Conventions in that County passed resolutions in favor of abolishing that Court.
Mr. URMSTON desired to have the Senator state the vote.
Mr. SPANN considered that unnecessary--the statement already made is sufficient.
Mr. BUNDY found that in several Circuits there were from 16,000 to 15,000 more inhabitants than the Cass Circuit that have but one Court; he thought Superior Courts were a humbug everywhere in the State except Marion County. He favored the passage of the bill.
Mr. GARRIGUS happened to know considerable about the state of feeling in Cass County. The attorneys there are divided, though not politically. A large majority of the people have been urging the abolishment of this Court for years.
Mr. HEFRON ordinarily was in favor of the people of a community regulating its own affairs.
Mr. BROWN (interrupting) read a dispatch from from Logansport, stating great surprise at learning of the introduction of this bill.
Mr. KAHLO knew the author of the dispatch to be a third-class lawyer.
Mr. HEFRON continued, stating that four years ago after the bill passed the Senate, the Senator from Cass after advocating its passage went to the House and endeavored to defeat it, but passed the House also. The citizens of Indiana are only interested so far as a part of the pay of the Judges is concerned. He thought the bill ought to be passed so as to get finally rid of this question which has troubled the Legislature for so many years.
The bill failed to pass by--yeas, 24; nays, 13.
