BRIDGE REPAIRS.
Mr. Linsday's bill [H. R. 339] for the erection and repair of bridges was read the third time and passed--yeas, 73; nays, 0.
Mr. Ryan's bill [H. R. 487] concerning the Supreme Court, was read the third time.
Mr. RYAN said: It is understood by the State at large that the Supreme Court is some 1,500 or 1,600 cases behind. This bill is for the purpose, of appointing a temporary commission to assist the Supreme Judges to catch up with the business. Their time is limited to two years. That is the sole purpose of the bill. It was prepared by the Revision Committee to meet a contingency. It is the desire of the people of the State that it shall become a law as soon as possible.
Mr. MITCHELL said: I would like to understand something more about this bill. It authorizes the Supreme Court to appoint five Commissioners, who shall hold their offices for two years. They are to receive the same compensation as the Judge. The question is: Will they have the authority to pass a single opinion upon a case that is sent up from the Court below? I understand that they are simply to cite the authorities, read over the briefs and bring it up before the Supreme Court for the concurrence or decision.
Mr. RYAN--Nearly every State in the Union has its Constitution in such shape as to limit the number of its Supreme Court Judges to a certain number, and that is the condition of Indiana. The purpose of this bill is to create a Commission, practically and with the same power and authority precisely as the Supreme Court Judges to perform every function except to publish the opinions with their names as Judges. They go into the Court, write, prepare and compare those opinions, determine the question of appeal just as though they were absolute Judges, and the opinion is published in the name of the Judges as required by a constitutional provision. Theoretically they are Commissioners, and practically they are Judges.
Mr. STEWART said there is a necessity for the passage of this bill. There is no prospect of the Judges catching up with the business on hand. The Court is behind, business is accumulating, and the people are demanding relief. This office only continues for two years; and the probability is that by that time the Court will be even and then the Legislature can repeal the act.
The bill failed to pass--yeas, 44; nays, 32--for the want of a constitutional majority.
The House then adjourned.
