Indianapolis Times, Volume 46, Number 21, Indianapolis, Marion County, 5 June 1934 — Page 12

PAGE 12

STATE SUPREME COURT HITS ON BETTERJIMES Highest Tribunal Ousts Factionalism and Work Gains. A judicial joke for a decade, the Indiana supreme court has caught up with its work and one of the principal reasons is that it now is one big happy family. For years the Indiana supreme court was something to talk about. Like the weather, everybody complained about it, but nobody did anything. There were reports of factionalism within the state's highest tribunal and it was whispered that petty personal feelings resulted in endless bickering and, consequently, in delays. It became almost an open secret that no sooner would one justice start to read an opinion than another justice, solely motivated by personal jealousy, would raise some point of law which he would insist the expounding justice had raised against him on some previous opinion. Cases would drag along in the supreme court, ir. some instances, as long as eight years. A year's production of one justice during the period amounted to the staggering total of half a dozen opinions, none of which were particularly outstanding, acording to expert jurists. The time in which a petition to transfer—the procedure for the trip from the appellate court to the supreme court—ranged from one to five years. New Regime Enters This state of affairs ruled for a decade during which the Indiana court had practically no national ranking. It was due to personnel weakness and partly to the cumbersome appellate procedure employed. Came the new regime of Judge Walter Treanor, Bloomington; James P. Hughes, Greencastle; Michael Fansler, Logansport; Curtis Roll, Kokomo, and David Myers, Greensburg, the last-named the only Republican justice. Something WAS done—the court went to work. Factionalism and petty jealousies were eliminated. Facing a burdensome inheritance j of old cases, the incumbent justices j worked with dispatch and the re- j suit is that today there only are j about twenty petitions for transfer I pending, the majority of which were 1 filed this year. This is a marked change from! the old days when, prior to late in j 1933, there usually were from 130 | to 150 petitions pending. Ol appeals over which the su- j preme court has direct jurisdiction, j such as those involving constitu- \ tional questions, criminal convic- j tions and public service commission i findings, there are at least 20 per j cent less now than at any time ! during the last decade. Many of these appeals, too, are of recent filing. Mandates Show Gain And while criminal case appeals decreased as tne first faint notes of prohibition's swan song were heard, the present court has had a compensatory increase in work from original actions, such as writs of mandate and writs of prohibition. Attorneys, in recent years, apparently have tumbled to the fact that it is easier to dispose of original actions by taking them to the high court than go through an appeal from the lower court's ruling. Too, recent unusual legislation has increased the number of such actions in Indiana, with the state liquor control act a fertile breeding ground for writs of prohibition. The judicial picture can not be : painted in such glowing colors in i the appellate division, where there are approximately 15 per cent more cases on file now than in the past However, the lower of the two higher courts in making progress and has had to contend with a problem not faced by its “big brother.” That problem was, or is, depending on your economic optimism, the depression. Food for Thought Philosophers may find some nourishing sod for thought in contemplation of the effect of a depression on the courts, and particularly on the appellate court where civil apepals are taken. When money is tight, people are more ready to litigate and comparative insignificance of the amount involved does not lessen the readiness. If times are good, the usual reaction to an impasse in a financial disagreement is, “let’s compromise.” If times are bad, the cry is, “we’ll sue,” and the answer is, "we'll appeal if we lose.” The result is that the appellate court becomes in a depression a haven for those striving to maintain solvency on a shoestring and those who know they’ll lose, but want to keep their money as long as possible. Philosophizing is borne out by figures, because 1933 was an all-time record year for the filing of civil judgment appeals. Thus, the appellate court still is feeling the effect of the “recent” depression, although much of its work ahead is of comparatively recent filing. And one of the things that may make it seem a trifle laggard in comparison to the supreme court is the necessity of passing on “depression cases.” These include cases where the L amount involved is only SSO and the f costs of the record will amount to three times as much. VIOLINCELLO PUPILS TO GIVE RECITAL TONIGHT Adolph Schellschmidt to Present Students in Musicale. Seven pupils of Adolph Schellschmidt, Instructor in violincello at the Jordan Conservatory, will be presented in recital at 8:15 tonight in Odeon hall. The pupils are Miss Jean Southard, Stanley Norris, James Bell, Virginia Leyenberger, Betty Schellschmidt, Beth Wilson and Patty Lou Pleuss.

ASKS FOR OWN ARREST Culver Youth Claims Robbing Gas Station of §2.80. Haunted by his conscience, Claude Butler, 18, Culver, yesterday asked police to arrest him for the robbery of $2.80 from a Culver filling station last November. Butler said he had been out of work and depressed at the time, but that the weigh*- of his guilt forced him to ask for arrest and the penalty of the law. Two Silver Containers Stolen Two ‘silver containers of undetermined value were stolen from the home of Mrs. E. S. Severin, Golden Hill, while the family was away recently on a vacation, it was reported to the police.

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BUTLER ALUMNI TO CELEBRATE JUNE 16 Special Reunions Set by ‘4’ and ‘9’ Classes. Butler university graduating classes whose numerals end in “4” or “9” will hold special reunions this year at the annual alumni day celebration June 16, according to an announcement by Miss Sarah T. Sisson, alumni secretary. The class of 1884 will celebrate the fiftieth anniversary of its graduation. Mrs. Grace Julian Clark,

THE INDIANAPOLIS TIMES

’B4, permanent class secretary, will be in charge. Chairmen named by the Sutler alumni association for the alumni day event include William Pearcy, supper; Mrs. Harold Robinson, program, and Mrs. Howard C. Caldwell, memorial service to Miss Katharine Graydon. Samuel Offutt, Greenfield, association president, is in general charge of the day’s events. City Man Is Elected By United Press FT. WAYNE, Ind., June s.—Alphonso Burroughs. Indianapolis, >;o----day headed the Indiana Association of the Workers for the Blind following his election yesterday as president in closing sessions of the fourteenth annual convention here.

394,468 ARE GIVEN AID BY STATE GROUP Teachers, College Students Included on Lists. More than 394,468 persons received help from the Governor’s commission on unemployment relief during April, according to statistical reports compiled recently. This figure includes 297 teacher’s employed in the emergency education program, and 1,640 needy college students, for whom work relief was provided that they might continue in school.

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r W/ THE SENSATION OF THE YEAR! k H jL —Make comparisons jwMMB jdUBmL and you'll htiv a j j DAY W c£dsuy

When You Visit the Attic! rjflfeg The next time you visit the attic and stumble over the E^a9 banjo that always seems in the way and causes you to lose Mfc your temper, do what hundreds of other Indianapolis resi- if i !■ HT* flg They are disposing of thing.-, around the house that are no Fll-Of \ ll9i longer wanted through Time 6 Want Ads. I ir\l 1 4b98 You will be amazed at the results a small ad in The Times will produce; the cost is amazingly small. And its really YJ? M very easy—merely call Riley 5551 and say, “Charge it.” LcL^fE=r/^4i^9Kart9

DEE JEWELRY CO., 18 N. ILLINOIS ST.

/JUNE 5, 1934