Rensselaer Democrat, Volume 1, Number 7, Rensselaer, Jasper County, 27 May 1898 — Judge Thompson’s Reply. [ARTICLE]

Judge Thompson’s Reply.

Editor of Democrat. As you printed last week simply what one half the lawyers on the Clerk’s roll in Benton county said on Saturday, February 19th, 1898, it may be proper to place briefly before your readers the whole proceeding as it then and pow appears to the Judge. On February 17th, 1898, a jury failed.to agree until after sunset and the Court simply allowed them ‘"two dollars per day while in actual attendance,” Sec. 1394. The Clerk two dollars “for each day the court is in actual session.” Sec. 7440. The sheriff two dollars “foreach actual day’s attendance.” 5ee.7457, and the jury bailiff one and a half dollars “per day.” Sec. 7457 treating the day as twenty-four hours. — This - action was demurred to as not “according to ancient j usage,” See Whereas 3, Item 2; 1 as it did not “follow the practice | and proceedure” of other judges, i Item 3, and was characterized as I “false andpersimoniouseconomy”J whereas 2, item 13. The legis- | lature of 1881 says: “Any officer .... who receives .... any re- I ward other than is allowed by j law shall be punished.’, Secs. ; 2018 and 6031, In 1870 the law makers said to the judge “No J I judge shall make any allowance' | exceps as provided by law. Sec. ! 6030. In 1883 fees by implication,! I construction, legal fiction or' I cumulation were forbi Ided. Sec. , 6032 A. to H. The court regards the constitution, the statutes ano ! the Appellate court decisions as a safer guide than the instructions of lawyers, “ancient usage’* or the practice of other circuit judges,, even though they had “ancient dignity and respect.” This court, as to gran-1 an i petit jurors will continue to makethe order for payment out of the county treasury at “two dollars per day while in actual attend-' ance, and five cents for each mile necessarily traveled” until the ' people instruct the general As- ‘ sembly and it instructs the judge to allow a greater salary to this 1 very “wholesome branch of the ’ court.” Sec. 7450. Especially while the judge is compelled to specify truly “the number of days served, the miles traveled ' and the sum due each.” Sec. .7449 and on failing to comply he 1 may be liable to a fine of one I thousand dollars. Sec. 7469. I Thus as it is a crime in both juror and to not require j “jurors, bailiffs aftd court officers ; to serve both day and night for I the per diem allowed by law,” ' where necessity compels, as on a j failure to agree. Lawyers should ' not even tacitly advise jurors to ! strike for higher wages, nor ' judges to act as law makers, or j rather law breakers, to please ! those whose salary may not be what a portion of the lawyers may deem adequate. In every jury trjab*one of the parties is in and the Legislature hits authorized a premptory chal/fenge of one Judge, one County ' and at least three jurors on each side. Sections 531, 1791, 412 and 1760. It must be* taken for granted, that no judge ought to ’ expect to be satisfactory to both j sides, in each case, and hence the statement that the exercise of that privelege by litigants is a | “misdemenor in office" by the Judge is a case of unreasonable xxxxxxxxopinion. We have now shown the case and proper value of whereas 3 Items 2 and 3 and , item 13 of whereas 2. On February 7, 1898, the trustee of the Old Oxford Bank, find- ‘ ing a matter of the earnings of the mmey deposited by hispredii ccssor with Heath & Co., and , their claim for office and vault rent unsettled in net results es- : fecting the proper remuneration j for services in said trust did not present the matter to the Judge iof the Circuit, who was familiar with the trust, to be adjusted “as such Judge might deem just and proper.” The same cause is still pending. Sec. 2682. Each part}- as stated in Whereas 1 item 3 deeming “that no man should be called upon to bow to the will of any other man evffti though I occupying judicial positions’’ and that they were “entitled to make the cause of action or defende in the mode and form counsel may select” as stated in Whereas 2 item 7 chose the form of a “civil case.” The earnings of the money was filed as a complaint, before a special judge, of the nature of which complaint the regular judge had no knowledge. The rents were plead as a set off. On February 17, 1898 a jury was demaned and empanelled. When the case was opened the Judge determined that he and not the jury, was the proper tribunal to judge of the facts. The Judge there upon assumed somewhat oi

“an autocratic position;” caused parties, counsel, and jurors to “bow to his will” as the exponent of the law; showed the jurors that they owed a “duty to the Court;” did control the action, by words acts, and conduct; impressed his views of the right of the matter; examined witnesses; expressed opinions as to the .cause; denied the independence of the Jury, or the equal judicial rank of partiesor their counsel in that case. The Court decided in the cause that Heath & Co. pay the Trust Three Hundred Dollars, which was done. This was a denial of Whereas 1 and its pith as expressed in item 3 “That no man should be called upon to bow to the will of of a Circuit Judge.’’ The Court’s action in that case was also counter to the other views centered in Whereas 2 Items 3, 7 and 11 in effect “That a trial jury owes to the Court, no duty,” that “parties may present their litigation in any form they please” and that “Lawyers are judicial officers of equal rank with the Judge.” The January term closed on February 19th no other trial intervening. The same matter published by you was sent to the Judge as the sense of one half of the attorneys listed as doing business in the Benton. Circuit Court. Sec. 966.

The Court replied as follows ‘ Grant Hall, Fowler, Indiana. The message of yourself and twelve brethren, of the Bar was received on yesterday and has been read. In the main its tone is respectful and will be carefully considered. The Judge-will try and preserve that honesty and want of favoritism which you so kindly commend. As to that portion of your communication that does not seem to breathe ‘'the respect due to x x x x the Judicial Officer’’ the Judge trusts that being angry with your friend, you’ve told * your wrath, and so t’will end. Holding above all things to integrity, in the matter of appearing at all times courteous, dignified, wise and perfect, the Judge will remain more advised than confident. He will continue to observe absolute neutrality, so far as practicable, in the administration of all duties devolving on him:

It is a Judges duty to simplify i and expedite business, diminish' costs and correct imperfections in practice as, far Its he can. The Statute as to extra allowances is prohibitive, Sec. 6030. Trusting that our mutual duties may be better preformed in the future, the Judge will hold no trace of enmity because of this petition. Very truly yours, Simon P. Thompson, Judge.”

In adjusting a matter before the Judge neither county nor parties i contribute. In a jury trial the , county pays the triers and their bailiff and a jury fee is taxed to litigants. Sec. 1394. The Grand Jury learned that other and a more general publication was had, of which the Judge i and some who signed had no notice towit:- by sending not only said in- ' structions but other proceedings to each member of the bar of Jasper and Newton counties, and to the newspapers that “the public might be apprised of their doings.’’ The ; Grand Jury decided that the addi-, tional publicity was “intended to bias—-and thwart the administra- i tion of Justice” and asked that the eleven who endorsed the additional j publication be cited for indirect contempt. Sec. 1322 and 1009. On May 4th the Court made the order and on May sth and 6th fined each from $2.00 to $25.00, two paid and nine appealed. It was’ for the unauthorized publicity that the said attorneys were diciplined. Their oath requires of lawyers the support of constitutions anil Saatutes, respect for the Judges candor in communications to him, that they never proceed from passion and use no deceit or collusion Sec's 967 and 972. The dicipline of those who attend the Circuit Court as litigants, counsel, witnesses, sheriff, clerk, bailiffs, or by-standers is sometimes a matter of self-defense to save the Judicial rights and life. The constitution grants the Judge this inherent power and noteven the the legislature can take it away: As a citizen he enjoys the same privileges and J immunities belonging to any other citizen who may be elected i as a Circuit Aricic 1 Sec T 23. Each Circuit Court “shall have full authority xxxxto punish by fine and imprisonment in any matter by which xxxx the due course of. justice is interrupted.” Sec. 1322. Personally the Judge .takes no pleasuJe in thinking that any one attending court in any capacity should need dicipline. The Court is however the representative of sovereign power and should be so regarded. It determines 'the pay of Lawyers in bringing actions for jMirtition, foreclosing liens, peti-

tions for ditches, unconditional contracts for fees, and for services on behalf of Court employees, like executor, administrators, guardians, TRUSTEES or commissioners. It admits persons to the privilege of practice, and if for good cause suspend such privilrge Sec. 962 and 973. Attorneys should obey and respect the Court reserving exceptions for review or appeal, and make no occasion for dicipline. It is the Judges duty to correct the errors of “ancient usage” to improve the proceedure of former Judges, not seek after “ancient dignity.” but keep pace with the modern improvements and progress in the judicial as well as other branches of the state government.

S. P. THOMPSON.