Rensselaer Union, Volume 9, Number 29, Rensselaer, Jasper County, 5 April 1877 — System of Courts. [ARTICLE]

System of Courts.

Four years ago common pleas courts were abolished and the circttil courts increased in number. Several.new circuits have since been created, superior courts are bejng multiplied, efforts are constantly made to extend the Jurisdiction of magistrates, criminal courts exist in several planes, the supreme court is behind In ; itw business, and a general dissatisfaction exists wi.th regard to our judicial system. Cannot somebody propose such a ireorganization as will cut out useless courts, stop unnecessary and dilatory appeals, secure the prompt adminfstration of justice, aud end tfie perpetual tampering which fa now going on? Our judiciary is in a fearful muddle, and is maintained at a fearful expense.— lndianapolis Journal.

To the jaurhaCs question we propose an answer which wjb think at least deserves consideration. Let justices h-iVe larger jurisdiction; let each county have a judge With just the present jurisdiction of the circuit court, but, like a justice, always ready to dispose of business as it cofoes, to keep the records for himself, and have his pay by fees from parties whom he serves; let each supreme court district of the State be made a single circuit and the judge thereof restricted to appellate jurisdiction, and as soon as that provision of the constitution that the supreme judges be elected by the state at large but circuit judges by their own respective circuits, can be done away, so as to make it constitutional, let each supreme judge be a circuit judge, to hold asession once or twice a year in every county of his district (dr the hearing only of appeals from county judge®; and enlarge the sums in controversy in both justices* and county courts below which no appeal shall lie. Justices may safely have a larger jurisdiction, both because frotn term to

term those offices are filjed with persons better qualified, and, if they er»4 'appeal to county court in coin stint readiness would be a prompt an'd easy remedy- One judge in almost any county, could transact the business, as the larger jurisdiction of‘the justices would lessen that of county courts, and, in populous localities, where county courts would otherwise be overwhelmed with litigation, quite judicious-, if we ra ay not say judicial, men are found for justices, who would transact a large part of the business, and from whom not matiy would appeal, and thun the nted of city judges, and of criminal circuit judges night be superseded. Eveiy county needs a judge at all times at the county seat to hear such applications for injunction, habeas corpus, supplenientary.proeeedings, and the like, for which emergencies arise whfoh often force men now to goto other counties for relief at great ex,p«nse and inconvenience. And it' this were not so, ordinary cases of remedial justice should ifot be delayed through intervals of months in which the court is Data in session; aud they cun not be erm a intently with that provision of .opn constitution which jusUcLsshcU be deillt out ‘-speedily and whhont delay?’ The jtodge should thefefbre s.'ef a dhy ofpase presented, as a justice

does, not farther future than due time for notice and his pending business render necessary. Common reason also dictates that the parties served by courts should pay, theta for the service, and that therefore judges ought to be thus paid as well as justices and constables, or clerks and sheriffs. Circuit courts are constitutionally indispensable; but every county may perhaps be made a circuit, and the cdunty court still bear that name. But as the supreme court is overwhelmed with business at its terms, some measure neds to be devised

for lessening the number of appeals thereto, and intermediate courts are likely necessary to decide appeals from county judges; and these circuits probably would beat be merely the supreme court districts, with a view, as soon as possible, to make each supreme judge the circuit judge for his respective district which would be a great convenience to the parties and attorneys interested in appeals from county courts, as even if the case should go to Indianapolis for ultimate determination of some points, the lawyers, having urged their points on one judge of the supreme court, might seldom deem it necessary or expedient to attend the supreme court for further argument. This course would lessen and facilitate the business of the supreme court at Indianapolis, and as it might be wisely further lessened by prescribing larger sums in controversy for which no appeal should lie, that court would not continue overthronged with business, but the judges would have ample time, if they have not at present, to attend their circuit courts at county seats. This work, besides affecting great political economy, would dignify our state supreme judges with the function exercised by supreme judges of the nation, as the latter always served between the terms of supreme court as circuit judges- — . Valparaiso Vidette.