USA > Indiana > Courts and lawyers of Indiana, Volume II > Part 40
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COURTS AND LAWYERS OF INDIANA
1, 1833, which placed Marion in the Fifth with Hancock, Shelby, Bartholomew, Johnson, Morgan, Hendricks, Boone, Hamilton and Madison. The Legislature redistricted the en- tire state on February 17, 1838, and constituted the Fifth circuit with Marion, Hancock, Morgan, Hendricks, Boone and Hamilton. The next Legislature (January 28, 1839) added Shelby, Bartholomew and Johnson to the Fifth circuit as established by the act of February 17, 1838. This circuit remained unchanged until March 4, 1852, when it was reor- ganized to include the counties of Marion, Hancock, Shelby, Bartholomew, Johnson, Hendricks and Morgan.
The Constitution of 1816 had provided for a system of Circuit courts, which were to be presided over by what the Legislature chose to call "President Judges," elected by the Legislature for a term of seven years. Each county was to elect two Judges, known as "Associates", who were to pre- side with the President Judge, and, in his absence, were au- thorized to hold court themselves. During the period of the old Constitution the following President Judges occupied the circuit to which Marion county was attached :
William W. Wick. February 7. 1822-January 20. 1825, resigned.
Bethuel F. Morris January 20, 1825-November 13. 1834, resigned.
William W. Wick December 4. 1834-August 2, 1839, resigned.
James Morrison August 2. 1839-August 10. 1842, resigned.
William Quarles Commissioned August 15. 1842: did not qualify.
Stephen Major Commissioned September 28. 1842; did not qualify.
William J. Peaslee December 16. 1942-September 17. 1849, resigned.
William W. Wick September 17, 1849-October 12. 1852.
The Associate Judges during this period (1822-52) served in the following order:
James Mellvain April 8, 1822-April 25, 1825, resigned.
Eliakim Harding. April 8, 1822-December 15, 1826, resigned.
George Smith August S, 1825-April 8. 1836.
James Mellvain February 12. 1827-April 8, 1829.
Joshua Stevens April 8. 1829-April 8. 1836.
Adam Wright April 8, 1836-April S. 1850.
Thomas O'Neal April S. 1836-April 8, 1843.
Daniel R. Smith April 8, 1843-October 12. 1852.
Samuel Cory April S. 1843-October 12. 1952.
MARION COUNTY COURT HOUSE.
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The legislative act of June 17, 1852, divided the state into ten judicial circuits and placed Marion county in the Fifth circuit with Johnson, Hendricks, Hancock, Hamilton, Tipton and Madison counties. Marion county continued in the Fifth circuit, as defined in 1852, until the act of February 20, 1867, reorganized the Fifth circuit out of the counties of Marion, Hendricks and Johnson, the latter county being detached by the act of April 29, 1869. The act of March 6, 1873, con- stituted Marion and Hendricks counties the Nineteenth cir- cuit. February 28, 1889, Marion county was constituted the sole county in the Nineteenth circuit, Hendricks being or- ganized as the Fifty-fifth circuit. No change has been made in the circuit since that time.
The Judges of the Marion Circuit court since 1852 have served in the following order:
William W. Wick October 12, 1852-May 1, 1853, resigned.
Stephen Major May 1, 1853-September 5, 1859.
William W. Wick
September 5, 1859-October 24, 1859, resigned.
Fabius M. Finch
October 24, 1859-October 27, 1865.
John Coburn
October 27. 1865-September 24, 1866, resigned.
John T. Dye
September 24, 1866-November 3, 1866.
Cyrus C. Hines
November 5, 1870-October 26, 1872, resigned.
Livingston Howland October 26, 1872-December 28, 1876, resigned.
Jacob B. Julian December 28, 1876-October 14. 1878.
Joshua G. Adams.
October 14, 1878-October 14, 1884.
Alexander C. Ayres October 14, 1884-October 14, 1890.
Edgar A. Brown October 14, 1890-November 11, 1896.
Henry Clay Allen November 11, 1896-November 11, 1908.
Charles Remster November 11, 1908-November 11, 1914.
Louis B. Ewbank November 11, 1914; term expires November 11, 1920.
The prosecuting attorneys from 1822 to 1852 of the circuit to which Marion has been attached follow :
Calvin Fletche: September 26. 1822-November 8, 1823.
Harvey Gregg November 8, 1823-August 9, 1825.
Calvin Fletcher. August 9, 1825-August 28, 1826.
James Whiteoush August 28, 1826-January 14, 1829.
William W. Wick January 14, 1829-January 14. 1831.
Wiliam Brown January 14, 1831-January 14, 1833.
William Herod. January 14, 1833-December 11, 1838.
(54)
November 3, 1866-November 5, 1870.
John S. Tarkington.
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.
William Quarles December 11, 1838-April 13, 1839.
William J. Peaslee April 13, 1839-January 25, 1841.
Hugh O'Neal January 29, 1841-January 29, 1843.
Abram A. Hammond. January 29, 1843-January 29, 1847.
Edward Lander
January 29, 1847-August 27, 1851.
David S. Gooding August 27, 1851-October 12, 1852.
The new Constitution went into effect on October 12, 1852:
Reuben A. Riley October 12, 1852-October 27, 1854.
De Witt C. Chapman. October 27, 1854-November 2, 1856.
Peter S. Kennedy November 2. 1856-November 2, 1858.
William P. Fishback
November 2, 1858-October 4, 1862, resigned.
William W. Leathers October 4, 1862-December 27, 1865.
An act of the Legislature passed December 20, 1865, cre- ated a Criminal court for Marion county and provided that the prosecutor of the Circuit court should act in a similar capacity for the Criminal court. This provision was changed by the act of 1873, which provided for separate prosecutors for each court. The attorneys who served both courts were as follows :
William W. Leathers .. December 27, 1865-November 25, 1867.
John S. Duncan November 25, 1867-November 3. 1870.
Henry C. Guffin
November 3. 1870-November 3, 1872.
Robert P. Parker November 3, 1872-November 3, 1874.
From October 26, 1874, to November 17, 1882, the follow- ing prosecutors were attached to the Circuit court:
Johu Denton October 26, 1874-October 26, 1876; no Criminal.
Joshua G. Adams. October 26. 1876-October 26, 1878.
Richard B. Blake. October 26, 1876-October 26, 1880.
Newtou M. Taylor October 26, 1880-November 27, 1882.
The act of April 12, 1881, provided for one prosecutor for both the Circuit and Criminal courts and this arrangement is still in operation. The prosecutors since that time are as follows :
William T. Brown. November 17, 1882-November 17, 1884. W. N. Harding November 17. 1884-November 17, 1886. James L. Mitchell November 17. 1886-November 17. 1890.
John W. Holtzman November 17, 1890-November 17, 1894.
Charles S. Wiltsie
November 17, 1894-November 17. 1898.
Edwin B. Pugh November 17, 1898-November 17, 1900. Johu C. Ruckelshaus __ November 17, 1900-January 1, 1905.
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Charles P. Benedict January 1, 1905-January 1. 1907.
Elliott R. Hooton Jannary 1, 1907-January 1, 1911.
Frank P. Baker January 1. 1911-January 1, 1915.
Alvah J. Rucker January 1, 1915-January 1, 1917.
COMMON PLEAS COURT.
The Indianapolis bar came to the conclusion in 1849 that the Circuit court needed more assistance than that provided by the Probate court, and accordingly decided to ask the Leg- islature to pass an act creating a Common Pleas court. The previous year such a court had been established in Tippecanoe county and this fact undoubtedly influenced the action of the bar of Marion county. Oliver H. Smith was delegated to pre- pare a bill for the Legislature asking for the establishment of the Common Pleas court. The Legislature responded by passing the act of January 4, 1849, which created a Common Pleas court for Marion county. The Governor appointed Abram A. Hammond, later lieutenant-governor of the state, as the first Judge of the newly organized court. The act. establishing the court provided that the Judge should also act as clerk of the court, the two offices being combined in order to make the office sufficiently attractive from a financial stand- point to attract good men. Judge Hammond was commis- sioned by the Governor on January 12, 1849, and sat on the bench until he resigned, on March 20, 1850, to go to California. The Governor appointed Edward Lander to the Bench on March 26, 1850, and he held the office until it was abolished by the act of January 12, 1852. The act of May 14, 1852, created a new system of Common Pleas courts for the whole state, dividing it into forty-four districts for common pleas purposes.
Under the new system Marion was united with Boone and Hendricks counties. The Judges of this court during the time it was in existence (1852-1873) were as follows :
Levi L. Todd October 26, 1852-October 29. 1856.
David Wallace
October 29, 1856-September 4, 1859.
John Coburn October 24, 1859-September 20, 1860, resigned.
Charles A. Ray Appointed September 30, 1860-December 7, 1864, resigned.
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COURTS AND LAWYERS OF INDIANA
Solomon Blair December 13, 1864-March 3, 1871, resigned.
Livingston Howland. March 3, 1871-October 24, 1872.
William Irwin October 24, 1872-March 6, 1873.
The act creating the Common Pleas court provided for a prosecuting attorney for the court who was known as a dis- trict prosecutor. During the twenty-one years the court was in existence the following prosecutors were attached to the court :
John T. Morrison October 25. 1852-October 24, 1854.
Jonathan W. Gordon October 24, 1854-January 30, 1856, resigned.
Richard J. Ryan January 30, 1856-October 28, 1856.
John S. Tarkington
October 28, 1856-October 28, 1858.
James N. Sweetzer October 28, 1858-October 26, 1880.
Jobn C. Buffkin October 26, 1860-November 1, 1864.
William W. Woollen November 1, 1864-November 2, 1868.
William Irwin
November 2, 1868-November 2, 1870.
David V. Burns
November 2. 1870-November 2, 1872.
Robert E. Smith November 2. 1872: served until the conrt was abol- ished in 1873.
JUVENILE COURT.
The Marion county Juvenile court, the only court of its kind in the state, was created by the General Assembly with the act of March 10, 1903. Since the court was established, additional acts have been passed increasing its powers until at the present time it is known as the Juvenile and Domestic Relations court. It was the original intention to establish a purely Juvenile court, and the act of March 10, 1903, created it as "A special court, to be known as the Juvenile court, which shall have jurisdiction of all cases relating to children, including juvenile delinquents, truants, children petitioned for by boards of children's guardians, and of all other cases where the custody of legal punishment of children is in ques- tion."
The good work of the court was soon recognized and the Legislature was asked to grant it further powers. The act of March 6, 1905, gave the court exclusive jurisdiction to try all cases against parents and all other adults for contributing to the delinquency of children. The act of February 23, 1907, added to its original powers the exclusive jurisdiction of all
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cases against parents and other adults for the abandonment, nonsupport, or neglect of children in their custody, together with power to enforce the proper support of children by par- ents, or to take children away from drunken, depraved or vicious parents, if necessary. In case parents are separated, the court was granted the power to decide which parent, if either, should be given the custody of the children. The act of 1907 also gave the court jurisdiction over all homeless, abandoned, destitute and dependent children, as well as those taken from vicious parents. The court was given the power to take children from parents in private homes or in public or private children's institutions at the expense of the county.
It is evident from this summary of the scope of the work of the court, that it has jurisdiction of nearly all controversies arising out of domestic relations with the exception of di- vorces and alimony. As a matter of fact, more than half the time of the court is devoted to the trial and adjustment of cases between or against parents and other adults.
The nature of the work done by the Juvenile court is strikingly set forth in its annual report for the year ending April 1, 1916. During the twelve months preceding, the court had handled delinquent children cases to the number of 470, and a total of 306 dependent children appeared in person before the court in the same time. The greater number of girls who appeared before the court were from fourteen to sixteen years of age, inclusive, fifty-seven girls of that age having come before the Judge during the past year. The boys reach the age of fourteen before they need the re- straining power of the court; seventy-two of that age ap- peared during the twelve months prior to April 1, 1916. There were fifty-four boys thirteen years of age and fifty twelve years of age called before the court. Four hundred and five of the children charged with delinquency were of Ameri- can parentage. Of the total number, 421 were rated as hav- ing normal intelligence and only eight were classed as dull. Physically, 422 were considered normal and seven below normal.
Another classification of the children pertains to the char- acter of their home life. To follow the report of Judge Lahr,
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the rating of the homes of the children is as follows: Good, 34; fair, 137; bad, 171; unknown, 71. The education of the children is shown by the grades they were attached to in school, namely: High school, 16; eighth grade, 36; seventh grade, 62; sixth grade, 77; fifth grade, 85; fourth grade, 35; third grade, 34; second grade, 9; first grade, 4. Various charges were preferred against the children, among them being the following: Larceny, 184; truancy, 125; incorrigi- bility, 55; immorality, 31 ; loitering, 19; embezzlement or for- gery, 11; trespass, 8.
Causes of all kinds were assigned to explain the appear- ance of the children in court. By far the largest number were there because of a lack of parental control, no less than 250 cases coming under this class. Bad associates accounted for 29; criminal tendencies, 5; truancy, 85; miscellaneous, 56. Thirty-five boys were sent to the Indiana Boys' School and twenty to the Indiana Girls' School. One hundred and twenty-one cases were continued indefinitely, the total number under probation on April 1, 1916, being 294. The following dispositions were made of the remainder during the past year: Discharged, 8; sentence suspended, 45; judgment with- held, 118; placed under probation, 65. The Juvenile court at the time of its report had 226 probation officers connected with it.
There have been three Juvenile Judges since the court was established March 10, 1903, namely: George W. Stubbs, Newton M. Taylor and Frank J. Lahr. Judge Stubbs was appointed March 10, 1903, as the first Judge of the court and served until his untimely death in a street car accident, March 4, 1911. He was the founder of the Marion county Juvenile and Domestic Relations court and was largely responsible for the great good that the court is now performing for the city of Indianapolis. He wrote or at least suggested the various laws which were passed to give the court its present jurisdic- tion. In other words, he blazed the way and worked out a system of handling children and their parents, which has proven very successful. This kindly, genial man, by his wholesome advice and admonition, started hundreds of way- ward and delinquent boys and girls on the road to upright and
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useful manhood and womanhood. His appeals to drunken and dissolute fathers and mothers brought happiness to many a home in Indianapolis. Yet, if the milk of human kindness failed to bring about the proper results, he did not shirk from sending recreant fathers to the workhouse or vicious mothers to a place where they would not have the opportunity to in- jure their children. He was always looking out for the wel- fare of the child, and many children now living in the city have been rescued from vicious, immoral and drunken par- ents and placed in surroundings where they might have a fair chance to become useful citizens. He returned to their homes many runaway or vagrant children each year, send- ing them either to their own homes or intrusting them to the care of some children's institutions. Sick and afflicted children were given needed medical attention abandoned children were properly cared for. In fact, it is impossible to estimate the good which this man did for the children of the city.
His two successors have continued in the path as laid down by Judge Stubbs, and, it may be said, have added new features to the work of the court to make it still more useful. Judge Taylor served from March 8, 1911, to November 10, 1914, at which time Frank J. Lahr, the present Judge of the court, took the bench. Judge Lahr is exercising the same wise and kind surveillance over the wayward children and mis- guided parents which characterized his predecessors. The influence of the court for good is constantly increasing and its usefulness is now recognized by all the citizens of Indian- apolis.
At the present time the Juvenile court functions in one sense as a court of domestic relations, but it has no power to try divorce cases, its work being confined to efforts to recon- cile estranged parents, or compel the father to support the family. With the rapid increase of divorces in the county it seems that it will soon be necessary to establish a separate Court of Domestic Relations, and the five Superior Judges have already taken steps toward bringing it about. It has been proposed by the Superior Judges that each of them sit one month each year to hear divorce cases and others involv- ing questions of domestic relations. Should this plan be car-
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ried out, it will be the first step toward the organization of a formal Court of Domestic Relations.
PROBATE COURT.
The Probate court of Marion county was created by the act of the General Assembly approved March 9, 1907. This act provided for Probate courts in all counties of the state with a city of not less than one hundred thousand inhabitants according to the last preceding United States census. The population provision made it possible for only one county- Marion-to have a Probate court. In accordance with the provisions of this act, Governor Hanly appointed Merle N. A. Walker the first Judge of the newly created court. The court was organized and the first order book entry made on March 13, 1907. The Judges of this court since its establish- ment have been as follows :
Merle N. A. Walker March 13, 1907-January 1, 1909.
Frank B. Ross.
January 1, 1909-January 1, 1915.
Mahlon E. Bash January 1, 1915; term expires January 1, 1919.
SUPERIOR COURT.
The legislative act of February 15, 1871, provided for a Superior court for Marion county, to be presided over by three separate Judges. Pursuant to this act, the Governor appointed, on February 25, 1871, three Judges to preside over the court, namely : Frederick Rand, Solomon Blair and Horatio C. Newcomb. The first session of the Superior court con- vened March 6, 1871. The divisions of the Superior court were not known as "rooms" until the act of 1907 so designated them. However, for the purpose of listing the Judges, they are given in the following tables by rooms from the time the court was first established.
ROOM ONE
Fredrick Rand February 25. 1871-August 24, 1872. resigned.
Samuel E. Perkins August 24, 1872-January 1, 1877, resigned to accept place on Supreme bench to which he was elected in October, 1876.
John A. Holman January 1, 1877-November 20, 1882.
Napoleon B. Taylor November 20, 1882-August 14, 1893, died in office.
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James M. Winters. Appointed August 21, 1893-November 20, 1894.
James L. McMaster. November 20, 1894-November 20, 1910.
Charles J. Orbison. November 20, 1910-November 20, 1914.
William W. Thornton November 20, 1914; term expires November 20, 1918.
ROOM TWO
Solomon Blair March 3, 1871-November 3, 1876.
Daniel W. Howe November 3, 1876-November 18, 1890.
James W. Harper November 18, 1890-November 18, 1894.
Lawson M. Harvey. November 18, 1894-November 18, 1898.
James M. Leathers. November 18, 1898-November 10, 1910.
Joseph Collier
November 19, 1910-November 18, 1914.
Linn D. Hay November 18, 1914; term expires Novembr 18, 1918.
ROOM THREE
Horatio C. Newcomb February 25, 1871-September 18, 1876.
Harry M. Burns. September 19, 1876-October 24, 1876.
Byron K. Elliott October 24, 1876-October 27, 1880.
Lewis C. Walker.
October 27, 1880-October 27, 1892.
Pliny W. Bartholomew_October 27. 1892-October 27. 1896.
Vinson Carter October 27. 1896; resigned September 5, 1912.
John J. Rochford September 5. 1912; term expires November, 1918.
The term for which Judge Rochford was elected would have expired in October, 1916, but the Legislature, by the act of February 12, 1913, added two years to the term for which he was elected, thereby extending it to the November, 1918, election. It was the intention of the Legislature to make the election of all the Superior Judges of the county take place at the same time, the other four Judges, having taken office in November, 1914. Judge Rochford was elected to the bench for a term of four years in November, 1911, but owing to the fact that Judge Carter resigned, to take effect on Sep- tember 5, 1912, Judge Rochford began his term about a month earlier than his commmission called for. There has been some contention to the effect that the law extending the term of Judge Rochford was unconstitutional on the ground that it is in conflict with Article XV, Section 2, of the Con- stitution of the state. A decision of the Supreme court of Indiana in the case of the State vs. Mount (151 Ind.), would seem to deny the right of the Legislature to pass such a law. According to this decision, "The Legislature cannot extend
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the duration of an office and then provide that the person holding such office shall continue therein for a time beyond the period fixed by law for holding a general election." How- ever, this contention would open up a legal controversy since another court has held that "the Legislature may change the time for electing officers created by statute and thereby ex- tend the terms of such officers beyond the period of four years." The probability is that the legislative act extending the term of Judge Rochford will not be carried to the courts to test its constitutionality.
ROOM FOUR
(Under act of March 5, 1877)
Myron B. Williams. Appointed March 10, 1877-October 28, 1878.
David V. Burns. October 28. 1878-May 31, 1879.
(Under act of March 9, 1907)
Lawson M. Harvey Appointed March, 1907-November 12, 1907.
Clarence E. Weir. November 12, 1908-December 1, 1914.
Vincent G. Clifford. December 1, 1914; term expires December 1, 1918.
Room Four, Superior court of Marion county, was created by the legislative act of March 5, 1877, and Governor Will- iams appointed Myron B. Williams, on March 10, 1877, to serve until the first regular election. David V. Burns was elected in October, 1878, and took the bench on the 28th of the same month, but he served less than a year owing to an un- usual circumstance which arose shortly after he ascended the bench. It is probable that no other court in Indiana has ever been abolished for a similar reason.
During a trial of cause in the court of Judge Burns, War- ren Tate shot, in the corridor of the court house, a man by the name of Love. Judge Burns considered this an act in contempt of court and fined Tate the sum of ten thousand dollars. Tate made every effort to have the fine reduced, but Judge Burns refused to do so. Determined to have satis- faction of some kind, Tate, who seemed to have been a very influential man, retaliated by having Room Four abolished by the Legislature in 1879. The court expired by limitation on May 31, 1879.
The present Room Four was established by the legislative act of March 9, 1907, the same act also creating Room Five.
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Governor Hanly appointed Lawson M. Harvey as Judge of Room Four until the first regular election. He was succeeded by Clarence E. Weir, November 2, 1908, who served until December 1, 1914. Vincent G. Clifford, the present incum- bent, assumed the bench on December 1, 1914, for a term of four years.
ROOM FIVE
The act of March 9, 1907, established Superior court room Number Five, and it continued without change until the act of March 1, 1911, made it a joint court with the newly created Shelby Superior court. The constitutionality of this act was questioned, but the Supreme court decided (176 Ind. 182) that it was constitutional. The act of 1911 extended the term of the court from 1912 to 1914. The Legislature, by the act of January 29, 1913, dissolved the Marion-Shelby Superior court, leaving the Marion Superior court, Room Five, as estab- lished by the act of March 9, 1907. The following Judges have filled the bench of this court since its organization :
Charles T. Hanna. April 12, 1907-November 12. 1908.
Pliny W. Bartholomew_ November 12, 1908-December 1, 1914.
Theophilus J. Moll. December 1, 1914; term expires December 1, 1918.
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