South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-12-21
THE PASSING or THE NLLEGED
LEGISLATIVE SCANDAL.

LEGISLATIVE SCANDAL.
The decision OF Judge Marley Of
the criminal court at indianapolis dis
missing the state officials indicted by
the Marion county grand jury, was
very much as expected. 40 one who
had looked into the matter 90 any
depth beneath their partisan preJu-
dice. ever expected for an instant that
the indictments would stand. From
illegal standpoint. at least. they we're
tH-advised in the first place. The
prosecuting attorney and deputy at
torney general who urged the grand
jury TO such action. have, TO put ii
lightly placed themselves on record
rs very fit candidates for a law school.
In holding the statute of 1895 in
valid, as affecting other legislatures
than the one OF that year, Judge Mar
key did the only thing possible TO DO.
When the constitution vested in the
legislature Of the state the power to
organize its sessions and employ such
help as il deemed necessary, il vested
that power in the legislature of 1913
1895. Common sense would have
taught a school boy that lesson. And
perhaps, but for the immense amount
Of political pique and chicane back
OF the .chool boy prank. common
sense would have taught it to the
grand jury and its advisors.
The indicted men-and in this we
speak for the local men in particular.
liz: Lieut. Gov. VIM. p. O'NeiI.
George NJ. Raab. VINO was assistant
clerk OF the senate, and eX-Rep.
George W. Sands-will simply have
10 live down the shadow that has been
cast over them by the incident. Nor
bid minded people, anxious to think
i'll of everyone possible, will find it
easy to remember that they were once
indicted. and 10 them the indictment
will be as good as conviction for all
time. They will find it just as easy
to forget that the indictments have
been quashed. and the cases dis
missed. Even if they remember it
they will want TO make it appear to
themselves that there was something
wrong with the dismissal rather than
with the work of the grand jury. The
scandal yearning attitude OF the pub
&c mind is one of the most unfortunate
features of the whole proceeding.
The decision of Judge Markey
simply goes to show to what lengths
disgruntled politicians and partisan
plotters will sometimes go, regardless
Of wrecked regulations or public eX-
pense in order TO get even with some
one. and to manufacturer political
thunder Judge Mccullough. deputy
attorney general, who advised and in
sisted upon the worthless indictments
is entitled TO all the glory ne can get
from the boom that he has received
from the republicans as democratic
gubernatOrial timber but we doubt
very much if this exhibition of his
legal talent will do very much 20
commend him outside the republican
ranks. The republicans are also well
come to such consolation as they can
Get from having glOated for a few
days over foundationless episode.
Beyond these, there is one more
lesson TO be drawn from the incident
and only one. II has been brought
quite distinctly 10 the attention of the
coming general assembly. that while
IT is assuredly the Judge OF it's own
necessities in the nature OF organiza-
.ion. il is also responsible for that
judgment. The legal right to appoint
as many doorkeepers. clerks. etc. as
I. pIeases, does not necessarily imply
the moral right to employ more than
IL necessary. Legislative eNtrava-
gance. while il does not render the
legislators indictable. is none the more
iustihabIe. and there seems To lee a
sort OF sentiment. even among demo-
Gratis. hat the last assembly might
have been a little less eNravagant in
The number of its clerks doorkeepers.
etc. had il tried We do not believe.
and the state i'm its agreed state
ment OF facts. did not insist that there
was any corruption or graft I'M it for
the indicted men. hat there can be
such a thing as extravasance even
without corruption or graft
With this one lesson distinctly be-
fore as. the state legislative scandal
becomes a closed incident In other
words. il has hzzled out-has proven
mere tempest in tea pot II was
only the expected that happened Ouly
a few people were surprised and they,
not because of their legal sense. but
because OF their prejudices.
TO INVESTIGATE GOVERNMENT
Government has been very active