The Indianapolis Sentinel

Give Us a Change in the Judiciary System.

[Communicated.]

Propositions are now before the Legislature to create a Court of Appeals in this State, and to reduce the fees of public officers. To the latter of the propositions I have no objection. A reform in that direction is sorely needed; but to the former as an honorable citizen I respectfully protest. I do not believe the reform in our judiciary system most essential to the interests of the people of this State lies at that end of the line.

That we have a wretched judiciary system, the most expensive and tardy in the application of its machinery that could be devised, there can be no question. Our Justices' Courts are well enough, perhaps, as they are. Our Boards of County Commissioners, instead of being composed of three members, are generally, if not in every county, composed of four or five members, three elected and the rest selected by the three, at a greater expense to the people than the elected members. As our Circuit Courts are now organized it is ruinous to those who have the temerity to take the opinion of a court or jury upon a question of a supposed right.

With original jurisdiction of almost everything, these courts are a monstrous burden upon the people, not so much in the way of taxation for their support, as in cost to litigants. Reduction of fees will help, but will not cure this evil. In the country circuits litigants are necessarily made to wait with their witnesses (whose per diem can not be reduced much below the present rate) day after day for the court to dispose of probate business, misdemeanors, and causes of minor importance, their costs rapidly accumulating, and often the most acrimonious law suits are those to save themselves from the burden of the costs, the original difference being lost sight of in what thus becomes the paramount question.

Now I make a suggestion to the Legislature for a radical change, viz: Strip the Circuit Courts of original jurisdiction of probate, misdemeanors, and of civil actions where the claim is less than $100, enlarge the circuits, and let there be two sessions each year, and delegate a large number of Circuit Judges to private life as fast as their terms of office shall expire. Create a County Court with jurisdiction of probate matters, misdemeanors, and of civil actions up to $500, co-extensive with the county. And make the judges of such courts ex officio members of the Boards of County Commissioners, from the districts in which they may live. These courts can be in session, practically, all the time, except when the judges sit with county boards. Let the County Clerk be the clerk of the County as well as the Circuit Courts, and prohibit the County Judge from practicing in his own or other courts. Give to each county a Prosecuting Attorney. Make the salaries of the Circuit Judges $3,000, of the County Judges from $1,200 to $2,500, according to population of the counties and of the Prosecuting Attorneys $200 with fees. Are not the benefits to be anticipated from such a system apparent? With the circuits enlarged and the salary of the Circuit Judges increased, the best ability would be found on the bench, the Court dignified, and it may be made the appellate court in certain causes from the County Courts and its decision made final, thus lightening the work of the Supreme Court. Causes of importance can be speedily tried, and consequently with less expense. The County Courts would be popular for the lesser causes and there would be a clear field always for a trial without delay. The County Boards would have a Judge in their bodies and the expense of the extra members done away with.

While the defunct Circuit Judges are holding out their terms, make them for such time ex officio Judges of the County Courts in the counties where they live.

G.

February 3.