Page:The Green Bag (1889–1914), Volume 04.pdf/274

 The

Vol. IV.

No. 6.

Green

Bag.

BOSTON.

June, 1892.

THE SUPREME COURT OF INDIANA II. By W. W. Thornton. AT the fall election of 1870, John Pettit, Alexander C. Downey, James L. Worden, and Samuel H. Buskirk, all Democrats, were elected, their offices beginning the 3d of the following January. By an Act of Dec. 16, 1872, the number of judges was increased to five; and Governor Baker appointed, the same month, Andrew L. Osborn to the va cancy thus created. The new judges were met with a crowded docket. Worden had served upon the bench, but the other four were new to the work. During this period of the court the judges fell into the habit of writing long opinions, some of them being almost treatises upon the subject discussed. This was particularly true •of Judge Buskirk. The practice thus inau gurated has left its mark upon many succeed ing cases. Another growth that marred the decisions of the court for many years was the extreme technicalities it fell into in crim inal cases. It was proverbial throughout the State that it was almost impossible to sustain a conviction in a criminal case, where able attorneys defended the criminal. For this Judge Worden was largely responsible; and the practice continued until 1881. At the fall election of 1874 Horace P. Biddle was elected, as a Democrat, to suc ceed Andrew L. Osborn, his term beginning Jan. 1, 1875. At the October election, 1875, James L. Worden was re-elected, and Samuel E. Per kins, William E. Niblack, and George V. 32

Howk elected, their terms beginning Jan. I, 1877. A charge of extravagance in the fitting-up of their rooms at the expense of the State was brought against the sitting judges, and this had much to do with the retirement of Judges Buskirk, Downey, and Pettit. This charge figured much in the campaign of 1876; and while it had little or no foun dation, it served its purpose in the memora ble and hotly contested political campaign of that year. Judges Worden and Perkins were men who had much experience on the bench, — the former in the full manhood and vigor of mind; the latter in the decline. Judge Biddie had been on the bench two years, but as yet had not given evidence that his long and successful career on the nisi prius bench led the bar to expect of him. Judge Howk came fresh from the bar and a large practice, with a very decisive leaning to technicalities. Judge Niblack had just retired from a four teen years' career in Congress, and of him it could not be expected that he was as well "up " in the practice as if he had not been in politics. On Dec. 17, 1879, Judge Perkins died; and John T. Scott succeeded him, the 29th, by appointment. The most noted case before the court dur ing this period was The State v. Swift (69 Ind. 505), involving the validity of the con stitutional amendments of 1880. In the spring of 1880 there had been submitted to