South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-12-24

IIAIION AND HOW TIE IN
CIDENT LEAKED TO THE
CHAGRIN OF INDIANA'S GREAT
&. o. Il. JEWS-IARP.
That was, indeed. a great big BLACK
cat" that Prosecutor Baker Of Marion
county. allowed TO escape from the
bag during his argument before Judge
Marley OF the indianapolis superior
court, at the recent trial of the In
diana state officials indicted for al
legged illegal misconduct during the
1913 session of the state assembly.
And it accounts. We have no doubt,
10 considerable extent. for the man
ne- in which the great republican
jews-harp at indianapolis. is unloos-
ing its indicative criticism of the
prosecutor for his conduct Of the case.
and Of the judge for the way in which
ne decided il.
The Indianapolis Times brings US
new light on the subject. 1t appears
that this particular republican jews
harp after having at first exerted
every influence possible over the grand
jury TO force the indictments, and then
in trying TO prevent their being found,
was considerably piqued because they
were returned at an hour of the night
that deprived it of the first big howl.
and then. Prosecutor Baker had the
temerity to expose the animus back
of its "dirge' i'm his argument to the
court.
But Prosecutor Baker went still
further. He pointed OFT in connection
that but for the statute of limitations
having run against the session of
1907. Hugh Theodor Miller, and
other republicans. would have. had to
have been included among the in
dicted men for similar line of Of
fensiveness against the public econ
omy. This is the same Hugh TIL
Miller whom the republicans last fall
regarded as fit for the u. S. senatorial
toga, and who at the assembly of 1907
served the state in the capacity OF
lieutenant governor. Ii is no wonder
that, not knowing that the statute of
limitations barred prosecution of
Messrs. Miller and others of republi-
can rank. that paper got cold feet at
the last moment and wanted to head
of the indictments that at first it had
sought to compel. it would even
have rather that what it called the
"scOuudrel democrats" should be left
untouched, than that the angel Miller
and others should be besmirched-so
great was its anxiety for l.arty. and so
little its regard for state. 1t was
quite delighted when it found the re-
Rublicans had escaped. and thought a
ciean sweep at the democrats had been
feft-until Prosecutor Baker brought
4 ont at the hearing. 1t is now busy
attending the session Of 1901 and
damning Baker for letting the black
cat out Of the bag.
And so we have it that had the in
dictmcnts been valid as against officers
of the assembly of 1913. they would
have been at least morally valid as
against eN-Leut Gov. Miller and
other republican members of the as
sembly of 1907. The statute of lin
itauons is all that saved them from
being caught in the trap. The statute
of limitations does not mitigate the
ofense. but only bars the punishment.
We believe that 1t was this same as
semhly of 1907 that allowed some bills
to slip into the statute books over the
signature of the lieutenant governor
that had not been properly passed
mistake similar Co which. when com
mitted by a democrat during the last
legislature was also the basis of con-
siderable republican noise last fall
BOT, incidents were considered ley the
grand jury. we are led 20 understand.
and as much evidence was found of
one as of the other, but i'm this instance
there being no law TO cover them. even
by pretense. the democrat escaped as
well as the republican. though had
there been a law, the republican. by
limitation. might again have gotten
away alone.
Had the republican governor of
1905. viz: J. Frank Hanly. shown the
interest in cleaning up things when the
situation IN 1907 was first discovered.
as Gov Ralstou showed last fan when
he asked Tor "a grand jury TO invcsu-
the 1913 assembly. this question of the
unconstitutonality of the law of 1885.
and the absence of law 10 punish
Lieut. Gov. Miller. might have been
settled long ago and the conditions
long ago reledied
rne republicans haven't a single leg
10 stand on while they howl at the
democratic assembly OF 1913. Had
there been as many republicans in the
TWO houses of the legislature I'm 1907
as there We're democrats in the two
houses in 1918. there is no telling
where the distribution of pap" and
ne wanton expenditure of public
money would have ended. Their only
safety valve was the fact that there
were less republican senators and rep
resentatives TO distribute the pap"