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A study of the bibliography which concludes this chapter discloses the fact that at least twenty lawyers have produced
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LEGAL WRITERS OF INDIANA
legal text books and many of them have issued more than one volume. Of official guides, there have appeared more than a score and many of these have run through several editions. A few writers have specialized in fields outside of Indiana. For instance, E. E. Ballard has given his entire attention to the preparation of volumes on the real estate statutes of various states ; G. A. Deitch has devoted himself to all phases of insur- ance, as has John A. Finch; Harrison Burns specializes in the compilation of statutes, not only of Indiana but of other states as well.
A discussion of Indiana's literary lawyers would not be complete without mentioning those who have wandered into other fields. Probably the second greatest novelist the United States has ever produced was an Indiana lawyer and at one time a prosecuting attorney. The author of "Ben-Hur," "The Fair God" and "The Prince of India," Lew Wallace, stands forth as one of the commanding figures in the literary firma- ment of the country. Milliard F. Cox, a prominent lawyer of Indianapolis for many years, gave to the state "The Legion- aries," a story of Morgan's raid in Indiana. Charles Major, a native of Indianapolis and later a resident of Shelbyville, de- lighted the whole country with his "When Knighthood Was In Flower," and followed this novel with several others which had a wide circulation. Horace P. Biddle, of Logansport, a mem- ber of the Supreme court for one term, gained an enviable reputation as a poet, and prose writer in the field of general literature. An extended discussion of his literary work is given in his sketch in connection with the Supreme court. President Harrison was a fluent writer and his "This Country of Ours" has been used as a text book in many states. Among the lawyers now living who have added to their legal fame that of literary achievement, may be mentioned William W. Foulke and Albert J. Beveridge. From the facile pen of Foulke has come poetry and prose of a high standard. As a sonneteer he ranks among the best in the country today, while as a writer of graceful verse of all kinds he has gained high recognition. As an essayist and as a story teller he has been successful. Beveridge is the author of several volumes, chief among which may be mentioned "The Young Man of the World," "The Russian Advance," "The Meaning of the Times,"
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COURTS AND LAWYERS OF INDIANA
"What's Back of the War," and he is now completing a "Life of Chief Justice John Marshall," on which he has been work- ing for several years.
A number of lawyers have issued volumes of their speeches, reminiscent sketches and other works of a semi-political char- acter. Among these may be mentioned O. H. Smith, who, in his "Early Indiana Trials and Sketches," has left a volume of more than six hundred pages covering in a general way the political history of the state under the old Constitution. This volume is a veritable thesaurus of information concerning scores of the lawyers of the period from 1816 to 1852, all of whom were personally known to Smith. Another lawyer, George W. Julian, has left a volume of his "Personal Recollec- tions," which throws the best light upon Indiana's part in the anti-slavery movement. Another volume which is the pro- duct of an Indiana lawyer, Richard W. Thompson, is entitled "Recollections of Sixteen Presidents." The biographies of Governor Morton and President Harrison, by William Dudley Foulke and John L. Griffiths, respectively, are the authoritative works on these two eminent men. William Watson Woollen, in his "Biographical Sketches," has preserved a record of a large number of prominent men of the state with whom he was intimately acquainted. Two lawyers have gained a national reputation as historians, William H. English and Daniel Waite Howe. English wrote a two-volume work entitled "The Con- quest of the Country Northwest of the River Ohio" and Howe is the author of several volumes, chief among which may be mentioned "The Laws and Courts of the Northwest and In- diana Territories," "The Puritan Republic," "Civil War Times," etc. Charles Moores, of Indianapolis, has written a life of Lincoln for young people, as well as several other vol- umes of merit.
This summary of lawyers who have engaged in literary work other than that concerned with their profession, is not meant to be complete, but rather, illustrative. Many other lawyers have published works on various subjects, but enough has been given to indicate that the study of the law has not absorbed all of the attention of the disciples of Blackstone. The following bibliography lists only legal publications and makes no mention of the miscellaneous writings of the lawyers of the state.
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LEGAL WRITERS OF INDIANA
INDIANA LEGAL WRITERS.
Abbott, B. V.
Digest of Indiaua Supreme Court Reports. 2 Vols. (1 Blackford to 35 Ind .- 1817-1871).
Adkinson, Francis.
Township and Town Officers' Guide. 1 Vol. 1877. Artman, Samuel R.
The Legalized Outlaw.
Baldwin, Daniel Pratt.
A Lawyer's Readings in Christianity. 1875. Ballard, Emerson Ethridge.
Annals on the Law of Real Property. 4 Vols. 1892-1895.
Real Estate Statutes of Indiana. 2 Vols.
Real Estate Statutes of Ohio. 2 Vols.
Real Estate Statutes of Kentucky. 2 Vols.
Cream of the Law. A magazine established in 1895.
Ballard, T. E. ( See above)
Barbour, Lucian.
(With W. W. Wick) Treatise for Justices of the Peace and Con- stables. 1846.
(With George Carr and Walter March) Revised Statutes. 2 Vols. 1852.
Beard, Charles Austin.
The Office of the Justice of the Peace. 1904.
Bicknell, George Angustus.
Bankrupt Law. 1841. 2 editions.
Civil Practice of Indiana. 2 editions. 1871.
Criminal Practice of Indiana. 1st edition, 1866. 2nd edition, 1871. Bigger, Samuel.
(With George H. Dunn.) Revised Laws 1843. Bingham, James.
Attorney General, Opinions of, and issued by the State Board of Tax Commissioners. 1907.
Bingham. James J.
Manual for Township and County Officers of Indiana. 1 Vol. 1890. Laws relating to the Assessment of Property for Taxation.
Black, James B.
Digest of the Decisions of the Indiana Supreme Court. 1 Vol. (Vols. 73-114, inclusive, covers the years 1881-89.)
Reports of the Indiana Supreme Court. 24 Vols. (Vols. 30 to 53, in- clusive. ) Blackford, Isaac.
Reports of the Indiana Supreme Court. 8 Vols. (Covers the years 1817-47.)
Blackledge, Frank H.
See W. W. Thornton.
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COURTS AND LAWYERS OF INDIANA
Burns, Harrison.
Digest of Indiana Railroad Laws and Decisions. 1879.
Index of Indiana Reports. 1878. 2nd edition, 1882. Index-Digest of Indiana Reports. 1891.
Annotated Statutes of Indiana. 1894. 3 Vols.
Annotated Statutes of Indiana. 1901. 3 Vols.
Annotated Statutes of Indiana. 1908. 3 Vols.
Annotated Statutes of Indiana. 1914. 3 Vols. Annotated Code of Missouri. 1896.
Indiana Corporations. 1910. 1 Vol.
Digest of Sup. & App. Court Reports. 1905. 2 Vols. Buskirk, Samuel Hamilton.
Practice in the Supreme Court, with Table of Cases cited in The In- diana Reports. 1876.
Carr, George Whitfield.
(With Walter March and Lucian Barbour.) Revised Statutes. 2 Vols. 1852.
Carter, Horace E.
Reports of the Indiana Supreme Court. 2 Vols. (1-2 Ind., covers the years 1848-51.)
Clark, Thomas M.
On County Commissioners and Auditors in Indiana. 1879.
On Justices of the Peace in Indiana. 1884.
On Real Property in Indiana. 1879.
Cohn, Morris M.
The Growth of the Law. 1SS2.
Au Introduction to the Study of the Constitution. 1892.
Conover, J. F.
Digest of Decisions of the Supreme Court of Indiana. 1 Vol. (Covers the years 1817-26.)
Danner, Henry R.
Roman Law Pleading. 1912.
Davidson, Thomas F. Overruled Cases.
Manual of Probate Law.
Davis, Edwin A.
Digest of the Decisions of the Supreme Court of Indiana. 1866 and 1870. (These volumes follow Perkins' Digest of 1 Vol. (1858) and cover the years 1858-70).
Revised Statutes. 1870. Supplement to Gavin & Hord Statutes (2 Vols.) and known as Vol. 3.
Deemer, Horace Emerson.
Grand Juries. (Also published in Cyc.). 1906.
Deitch, Guilford A., Editor of Rough Notes, an Insurance Magazine. Dice, F.
Reports of the Indiana Supreme Court. 29 Vols. (Vols. 71-99, in- clusive, covering the years 1880-85).
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LEGAL WRITERS OF INDIANA
Dougherty, H. H.
On Sheriffs of Indiana. 1870.
Downey, Samuel R.
Acts and Joint Resolution. 1 Vol. 1883.
Indiana Practice Forms. (3rd Vol. of J. D. Works.) Dunn. George H.
(With Samuel Bigger) Revised Laws. 1 Vol. 1843. Dunn, Jacob Piatt.
Manual of the Ballot Law. 1889. 1892. 1894.
The Proposed Constitution. 1914.
Eggleston, William.
Auditors and Boards of County Commissioners. 1873. On Damages. 1SS0.
Elliott, Byron Kosciusko.
The Work of the Advocate. 1SSS.
The Law of Roads and Streets. 1890.
General Practice. 2 Vols. (Enlarged edition of the Work of the Ad- vocate.) 1894.
Appellate Procedure. 1892.
The Law of Railroads. 4 Vols. 1897.
Treatise on the Law of Evidence. 4 Vols. 1905. Elliott. William F.
(With Charles W. Moores) Criminal Law in Indiana. 1894.
Supplement to Revised Statutes of 1SS1. Annotated. (Covers the years 1881-89).
Ewbank, Louis B.
Manual of Appellate Practice. 1900. 2nd edition, 1915.
Indiana Trial Evidence. 1904.
Indiana Criminal Law 1906.
Indiana Cumulative Index. 1906-09.
(With W. A. Wood) Modern Business Corporations. 1906. Finch, John A.
Digest of Insurance Cases. Annuals, 1887-
Insurance Agents' Rights, Duties and Liabilities. 1894. Fishback. William P.
Manual of Elementary Law. 1896.
Frazer. James S.
(With John H. Stotsenburg and David Turpie) Revised Statutes. 18S1.
Gavin, James.
(With Oscar B. Hord) Statutes, Vol. I, 1860; Vol. II, 1862; Vol. III, 1863; Revised Statutes, 2 Vols. 1870. A third volume was issued in 1870 by E. A. Davis as a supplement to the two volumes of Gavin and Hord. Gillett, John H.
Criminal Law and Procedure in Indiana. 1SSS. 2nd edition, 1895. Indirect and Collateral Evidence. 1897.
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COURTS AND LAWYERS OF INDIANA
Gilman, C.
Digest of Supreme Court Reports of Indiana. 1 Vol. (1817-38). Goodwin. Thomas A.
Liquor Laws and Decisions in Indiana from 1807 to 1883. 1883. Griffiths, John F.
Reports of the Indiana Supreme Court. 24 Vols. (117-132, inclusive, covering the years 1889-93).
Reports of the Appellate Court. 5 Vols. (1-5, inclusive, covering the years 1891-93).
Hall, C. R.
Land Owners Manual for New York, Ohio, Indiana, Illinois, Michigan, Iowa and Wisconsin. 1847.
Harrison, Benjamin.
Indiana Supreme Court Reports. 10 Vols. (15-17, inclusive, covering years 1860-61 and 23-29, inclusive, covering years 1864-68).
Hatton, Augustus Raymond.
A Digest of City Charters. 1906.
Henry, George A.
Probate Law and Practice. 1891. 2nd edition of 2 Vols. 1896. 3rd edition, 1912.
Hepburn, Charles MeGuffey.
Historical Developments of Code Pleading in England and America. 1897.
Cases and Statutes in Principles of Code Pleading.
Hogate, Enoch George.
Pleading and Practice. 1908. 2 Vols.
Hord, Francis T.
Opinions of, as Attorney-General of Indiana. 1882-86. Hord, Oscar B.
(See James Gavin.)
Horner, Frank A.
Revised Statutes. 1 Vol.
Revised Statutes. 2 Vols. 1896.
Annotated Statutes. 2 Vols. 1901.
Criminal Law Forms. 1 Vol. 1896.
Howard, Timothy Howard.
The Indiana Supreme Court. 1900. (Issued as No. 3, of the North- ern Indiana Historical Society).
Howe, Daniel Waite.
The Laws and Courts of the Northwest and Indiana Territories. 1896. (Issued as No. 1 of Vol. II of the Indiana Historical Society.)
Howland, J. D.
(With Ferdinand Winter) Manual for Executors, Administrators and Guardians in Indiana. 1879.
Hoyt, J. P.
Collection Laws of Indiana. (In volume with Illinois, Iowa, Mich- igan, Minnesota and Wisconsin). 1859.
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LEGAL WRITERS OF INDIANA
Iglehart, Asa.
Treatise on Justices of the Peace and Constables. 1879. (A revision of McDonald's Treatise of 1857).
Pleadings and Practice in Indiana. 1879.
Jones, John Rice.
(With John Johnson) Laws of 1807. Johnson, John. See above.
Johnston, General Washington.
A compend of the Legislative Acts of Indiana, 1807-1814. Pub. in 1817. 200 pp.
Kenner, James B.
The Law and Practice in Indiana on Drainage.
McDonald, David.
Treatise on Justices of the Peace and Constables. 1857. (This work has been revised by Iglehart, E. A. Davis, L. A. Shroeder and B. F. Watson.)
March, Walter.
(With G. W. Carr and Lucian Barbour) Revised Statutes. 1852. 2 Vols. Marrow, S. L.
The Voters' Text Book. 1880.
Martin, A. N.
Reports of the Indiana Supreme Court. 17 Vols. (54-70, inclusive. covering the years 1877-80).
Michener, Louis T.
Opinions of, as Attorney-General of Indiana. 1888-90. Moon, Sidney R.
Reports of the Indiana Supreme Court. 11 Vols. (133-144, inclusive, covering the years 1893-96.)
Reports of the Indiana Appellate Court. 9 Vols. (6-14, covering the years 1893-96).
Moore, Alfred.
Criminal Law and Procedure in Indiana. 1879.
Moores, Charles W.
(With W. F. Elliott) Criminal Law in Indiana. 1894.
Ogden, James.
Negotiable Instruments.
Perkins, Samuel E.
Digest of Supreme Court Decisions of Indiana. 1 Vol. (1 Blackford- 7 Indiana, 1817-56).
Pleading and Practice in Indiana. 1859.
Porter, Albert G.
Reports of the Indiana Supreme Court. 5 Vols. (3-7, covering the years 1851-56).
Reinhard, George Louis.
Indiana Criminal Law. 1879.
A Treatise on Agency. 1902.
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COURTS AND LAWYERS OF INDIANA
Remy, Charles F.
Reports of the Indiana Supreme Court. 26 Vols. (145-170 covering the years 1896-1905).
Ripley, Warwick H.
Digest of Decisions of the Indiana Supreme Court. 2 Vols. Covers the years 1817-81.
Robinson, Woodford D.
' On County and Township Officers. 1893, 2nd edition.
Ruffner, Joseph. Tax Titles. 1SS0.
Scott, John E.
Indiana Municipal Law. 1899.
Equity and Equity Pleading.
Shirts, George.
Indiana Negligence. 1908.
Shockley, Ernest V.
The Constitution of 1851, and Proposals to Amend it. 1914.
Smith. Alonzo G.
Opinions of, as Attorney-General. 2 Vols. 1892-94.
Smith, Thomas L.
Reports of the Indiana Supreme Court. 1 Vol. Covers the years 1848-49. Cited as Smith, Ind.
Stotsenburg, John H.
(With David Turpie and James S. Frazer) Revised Statutes. 1SS2. Tanner, Gordon.
Reports of the Indiana Supreme Court. 7 Vols. (8-14, covering the years 1856-60).
Taylor, Charles W. The Bench and Bar of Indiana. 1895.
Taylor, William Calvin Linton.
Municipal Law.
Thompson, Charles N.
Building and Loan Associations. 1892.
Thompson, Joseph W.
Indiana Citations. 1883.
Turpte, David. See Stotsenburg.
Thornton, William Wheeler.
Universal Encyclopedia of Law. 1 Vol. 2nd Edition, 2 Vols. 1887.
Indiana Statutory Construction and Citations. 1886. Supplementary volume. 1890. Juries and Instructions. 1SSS.
Annotated Civil Code. 1889.
Lost Wills. 1890. Railroad Crossings and Fences. 1892.
Practice Forms. 2 Vols.
Gifts and Advancements. 1893.
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LEGAL WRITERS OF INDIANA
Thornton, William Wheeler-Con.
The Government of Indiana. 1898.
The Complete Guide for Indiana Township Officers. 1899. Revised editions in 1901, 1905, 1909 and 1914. Building and Loan Associations (With Frank Blackledge) 189S.
The Law of Negligence. 2 Vol. 190S.
A Treatise on the Federal Employers' Liability and Safety Appliance Acts. 1909. 2nd edition, 1912. 3rd edition, 1915.
Indiana Instructions to Juries. 1913. 2 Vols. The Sherman Anti-Trust Law. 1912.
Intoxicating Liquors (With W. W. Woollen). Indiana Constables and Town Marshals. 1898.
Decedents' Estates. (With Frank Blackledge).
Revised Statutes. 1 Vol. 1897.
Indiana Public Securities.
Van Fleet, John M.
Res Judicata. 2 Vols. 1895.
Van Santvoord, G.
Indiana Justices of the Peace. 1845.
Watson, Benjamin F.
Statutory Liens. 2 Vols. 1896.
Revision of McDonald's Treatise on Justices of the Peace.
Notes to Statutes of Indiana. Issued annually since 1903. White, Thomas Raeburn.
Oaths in Judicial Proceedings. 1903.
Commentaries on the Constitution of Pennsylvania. 1907. Whitted, Robert Henry.
Public Administration in Massachusetts.
Taxation of Corporations in New York.
Wick, William Watson.
(With Lucian Barbour) Treatise for Justices of the Peace and Con- stables. 1846.
Wild, E. N. Municipal Law of Indiana. 1870.
Wilson, Oliver M.
Digest of Parlimentary Law. 1867. 2nd edition, 1869.
Decisions of the Superior Court of Marion County. 1 Vol. 1871-74. Winter, Ferdinand.
(With Livingston Howland) Manual of Probate Law. 1876. Wood, William Allen.
Indiana Bonds. 1904.
Modern Business Corporations. 1906. Revised Ed. 1916.
The Investment Guide and Record. 1913. Security for Loans in Indiana. 1905.
Legal Business Forms. 1916.
(33)
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COURTS AND LAWYERS OF INDIANA
Woollen, William Watson.
Topical Annotations.
Trial Procedure. 2 Vols. 1909.
Special Proceedings, 1 Vol.
Indiana Digest. 1891-95.
(With W. W. Thornton) Intoxicating Liquors.
Works, John D.
Practice Pleading and Forms. (Adapted to the new Revised Code of Indiana ). 2 Vols. 2nd edition. 3rd edition, 1902. 3rd Vol. 1906.
THE REPOSITORIES OF THE LAW.
All law falls into two classes, written and unwritten. Writ- ten law may be either constitutional or statutory, while un- written law is commonly denominated Common Law. Laws which have been given expression in the United States may be found in the Federal and State Constitutions and in the acts of the various State Legislatures, supplemented by the decisions of the United States Supreme court and the Supreme courts of the different states of the Union. In the following outline an effort has been made to give all of the primary sources of the laws affecting Indiana, and also such secondary sources as have been shown by experience to be of value to lawyers.
Primary Sources.
I. Constitutions.
1. Federal. 1789.
2. State. 1816 and 1851.
II. Federal Statutes.
1. Statutes-at-Large.
2. Revised Statutes.
3. Compiled Statutes.
4. Annotated Statutes.
III. Statutes of Northwest Territory.
1. Governor and Judges. 1787-1800.
IV. Territorial Statutes of Indiana.
1. Governor and Judges. 1800-1805.
2. Territorial Legislature. 1805-1816.
3. Codes-Maxwell. 1805.
4. Revised Laws-Jones & Johnson. 1807.
5. Compend of Acts-G. W. Johnston. 1817.
V. State Statutes.
1. Session Laws.
1. Local and Special Laws. 1818-1851. (Annual Sessions.)
2. Acts. 1851-1915. (Biennial and Special Sessions.)
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LEGAL WRITERS OF INDIANA
2. Revised Statutes. 1818, 1824, 1831, 1838, 1843, 1852, 1881.
3. Annotated Statutes.
VI. Municipal Law.
1. City Charters.
2. City Ordinances.
3. Town Ordinances.
VII. Rules of Court.
1. Federal Courts.
2. State Constitutional Courts.
3. State Statutory Courts.
VIII. Federal Court Decisions.
1. U. S. Supreme Court Reports.
1. Official Series.
2. Lawyers' Edition.
3. Supreme Court Reports.
2. Federal Cases.
3. Court of Claims.
4. Federal Reporter.
1. National Reporter System.
IX. State Court Decisions.
1. Issued by authority of Legislature.
1. Supreme Court. 1816-1915.
2. Appellate Court. 1891-1915.
2. Local Decisions, but not issued.
1. Superior Court (1 Vol., issued in Marion County by Wilson, . 1871-1874.)
2. Circuit Court.
3. Criminal Court.
4. Juvenile Court.
5. Probate Court.
6. Court of Claims.
X. Non-official State Decisions.
1. National Reporter System.
1. Atlantic.
2. Northeastern.
3. Northwestern.
4. Southern.
5. Southeastern.
6. Southwestern.
7. Pacific.
8. New York Supplement.
XI. Special Reports.
1. Railway.
2. Public Utilities Commission.
3. Industrial Commission.
4. Bankruptcy.
5. Workmen's Compensation Board.
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COURTS AND LAWYERS OF INDIANA
XII. Selected Cases.
1. Lawyers' Reports Annotated.
1. First Series.
2. New Series.
2. American and English Annotated Cases.
3. Trinity.
1. American Decisions.
2. American Reports.
3. American State Reports.
Secondary Sources.
I. Text Books.
II. Search Books.
1. Tables of Statutes Construed.
2. Tables of Cases Digested.
3. Tables of Cases Reported.
4. Tables of Cases Affirmed, Reversed or Modified.
5. Annotators.
6. Citators.
7. Tables of Cases Cited.
8. Tables of Parallel Citations.
9. Subject Indexes.
III. Encyclopedias.
1. American and English (Articles on Legal Subjects).
2. Encyclopedia of Pleading and Practice.
3. American and English Encyclopedia of Law and Practice.
4. Encyclopedia of Law aud Procedure.
5. Encyclopedia of Evidence, etc.
VI. Digests.
1. American Digest System.
1. Century Digest.
2. Decennial Digest.
3. American Digest. Key-Number Series.
4. Monthly Digest.
2. State Digests.
3. Reporter Digests.
4. Selected Case Digests.
V. Words and Phrases ..
VI. Legal Magazines.
CHAPTER XXI.
THE PRESENT JUDICIAL SYSTEM.
Sixty-three years of actual operation have disclosed most of the week and strong points of our judicial system. The best criticisms of the system, both favorable and unfavorable, are to be found in the nineteen volumes of "Proceedings of the Indiana State Bar Association." Before entering on a re- view of this literature it will be best to give a general view of the system.
At the base of the system, or, to use the trite figure, the foundation of the temple of justice, are the justices' courts. The general grant of power by the Constitution reads as fol- lows: "The judicial power of the state shall be vested in a Supreme court, in Circuit courts and in such other courts as the General Assembly may establish." Section 14 of the ar- ticle on the Judiciary says : "A competent number of justices of the peace shall be elected by the voters in each township in the several counties. They shall continue in office four years, and their powers and duties shall be prescribed by law." The number of justices is left by statute to the county com- missioners, the maximum being fixed. The justice, or "squire," is thus a constitutional officer whom the General As- sembly is powerless to abolish, if it would. There are from ten to fifty of these popular courts in each county, each in a considerable degree independent of all.
The justice has criminal jurisdiction coextensive with his county. He has exclusive jurisdiction where the fine cannot exceed three dollars, and concurrent jurisdiction over all mis- demeanors punishable by fine only. The civil jurisdiction of the justice is coextensive with his township in suits involving less than one hundred dollars and concurrent up to two hun- dred dollars.
The aggregate number of suits tried in the justices' courts
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COURTS AND LAWYERS OF INDIANA
no doubt exceeds the number tried in all other courts in the state combined. The chief criticism offered against the work of these courts arises from the fact that all the fees of the court, constable and jurors, is directly dependent on the ver- dict. If the accused is acquitted, no costs attach. The profes- sional lawyers do not covet the practice in these courts and therefore the general conduct of causes is not always in accord with the rules that apply in higher courts. In spite of all the objections, the justices' courts maintain themselves in the pub- lic estimation. They have the two great merits of cheapness and speed.
Almost coordinate with the justices' courts are the police courts of the cities. In each of the cities of the first, second third and fourth classes, there is elected a police judge, who serves during a two-year term. He holds daily sessions of court and has the criminal jurisdiction of justices of the peace, the jurisdiction of the mayor, exclusive jurisdiction of all violations of the ordinances of the city, and, in addition, orig- inal concurrent jurisdiction in all cases of petit larceny and other violations where the penalty does not exceed $500 and imprisonment of six months, or both. In cities of the fifth or lowest class, the mayor acts as police judge. The judges are on a salary and there is no court cost except a docket fee of five dollars. One of the chief objections to the justices' courts is thus obviated. The police court rarely uses a jury, and when it does, the panel consists of six men. The pros- ecuting attorney for the circuit prosecutes all cases. He usually appoints a deputy, who makes it his sole business to attend the police courts. No complicated cases are ever tried before the police courts. Judgment is rendered speedily in the great number of cases, in most of which the evidence is ample or the guilt admitted. The province of the court is being en- croached on rapidly by probation officers, juvenile courts and various other agencies. This latter field is attracting some very earnest attention from the police judges, who have the very best opportunities of studying this question.
Next above the justices and the police courts are the Cir- cuit courts. By Act of May 14, 1852, a system of Common Pleas courts was established in the state. The state was di-
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THE PRESENT JUDICIAL SYSTEM
vided into forty-four Common Pleas circuits, at first, but these were frequently changed. This was intended to be a county court. It had exclusive jurisdiction in all probate matters and concurrent jurisdiction in a large number of causes related to or growing out of probate business. Guardians, executors and administrators were generally the interested parties in its litigation. The jurisdiction of this and the Circuit courts became so greatly confused that it was thought best to abolish the whole system and transfer its jurisdiction to the Circuit courts. This was done by the act of March 6, 1873, which abolished the offices of Common Pleas Judge and district at- torney.
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