LEGALIZING COURT RECORDS.
Mr. Buskirk's bill; [H. R. 414] to legalize and render valid the records of the Circuit and Common Pleas Courts in various Counties in the State, being read the third time--
Mr. CAUTHORNE--I doubt the propriety of passing this bill. The law is plain upon this subject, and the Judge should know the law in these Courts, and the law ought to be complied with, and the Judge should read these minutes and sign them. I am opposed to any one coming in to legalize this thing.
Mr. BUSKIRK--This bill proposes simply where the records are already accepted to make them right, or where there has been an omission made by the parties. There have been legalizing acts passed here on almost every subject. There can be no harm in passing this bill, and great harm may come if it is not passed. In the United States Courts the records are not signed at all, and yet it is a valid record, but by our statute it must be signed in Circuit and Common Pleas Courts befor it becomes a valid record.
Mr. CAUTHORNE--The gentleman says it merely legalizes a record already right. Who is to tell us whether it is right or wrong--whether the Clerk did his duty or not? It is not the judgment of the Court, because the record is not signed. These records have not been made in conformity with the law, and this bill proposes to come in and make them records. When we pass a law, persons are to act under that law. They are to observe the law. The Legislature has been bothered a good deal with these little legalizing acts. Here is a bill trying to make judgments of things that are not judgments.
Mr. WRIGHT--The cases affected by this bill are complete records, and the only trouble is the simple fact that the Judge has neglected to sign the judgments. As I understand this bill, it is simply to render valid a judgmen, already valid in other respects, and it does seem to, me that it ought to pass.
Mr. KENNER said if a Court holds a session and the record is unsigned, there is no life in it. Can you put life in it by a legislative act, that is the question? It is unconstitutional the moment it strikes the Supreme Court. These are the reasons why I am against this class of legislation.
Mr. COLE--This is a bill that ought to pass. The records of a Court is the work of the Clerk. There was a bill passed this session legalizing the records of the Circuit Court of Vigo County. It seems to me if that could be done constitutionally, certainly the present bill is a Constitutional one.
The bill failed to pass--yeas 42; nays 33--for the want of a constitutional majority.
