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 The Supreme Court of Indiana.

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and Sullivan. Both were strong men and excellent judges, the former one of the strongest and best legal minds that ever sat on the bench. The reason Whitcomb gave for his refusal to appoint the old judges was the fact that the court docket was behind, and he believed it needed younger men to bring it up. But this state ment was doubted. At first he sent to the

Senate the names of Charles H. Test and Andrew Davidson (the latter several years afterwards elected judge), whose appoint ment the Senate re fused to confirm. He then nominated E. M. Chamberlain and Sam uel E. Perkins, with a like result. Then fol lowed the names of William W. Wick and James Morrison, and they, too, were re jected. The legislature having reached the end of its term, ad journed, and the Gov ernor then appointed Perkins and Smith un til the next session of the Senate, when, upon ALVIN P. reappointment, they were confirmed. Blackford and Smith continued to serve until Jan. 3, 1853, when the judges, elected in accordance with the provisions of the Con stitution of 1851, took their seats, and the new Supreme Court was created. Perkins was elected a member of the new court. The old Supreme Court decided the first railroad case appealed at the May term, 1851.1 It was simply a case of appropriation. Until the court was reorganized, the salary of a Supreme Court judge was seven hun-

dred dollars, the same as that of a judge of the Circuit Court. When the seat of government was removed to Indianapolis, the court was authorized to sit in the county court-house. By an Act of 1832 they were authorized to adjourn " to any other house in the town of Indianapo lis; " and the judges were given the privi lege of occupying one of the rooms in the house on the Gover nor's Circle, " for a con sultation room," either in term time or vaca tion. Until 1833 the sher iff of the county where the court sat acted as sheriff of the Supreme Court; but in 1833 they were authorized to appoint a sheriff, and his duties and fees were fixed and prescribed. In 1849 the clerk and his deputy were forbidden to practise in the court. The old court was authorized to call a jury and summon wit nesses to try an issue of fact, in a proper HOVEY case; but this was a power probably never exercised, even in those cases where it had such original jurisdiction as the General As sembly was authorized by the Constitution to give it, and which it did. Afterwards the court was' authorized to send such a case to a Circuit Court for trial. The opinions of the court were required to be in writing, " except in cases and on subjects of an unimportant nature."

1 Pruitt v. Shelbyvilie Lateral Branch R. R. Co., 2 Ind. 530

Who was John Johnson, of whom we know so little, and who, so far as we now know,

John Johnson.