Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-05-08
COLLINS PASSES
JUDGMENT ON
WRONG EDITOR
Disregards Information as to
Who Is Responsible in Con-
tempt Case.
UP TO SUPREME COURT
BY ROBERT A. BUTLER,
Editor of The Times.

VI HC
The supreme court of Indiana will
be called on to determine whether
nr@ebt CIaris Adams, Marion county's
pSspineless prosecutor, through the
agency of James A. Collins. Judge of
the criminal court, can select whom
he pleases Of the staff of The Times
on which to visit his ire for truth
full and proper criticism of his mis-
conduct as public official.
In accordance with a prearranged plan,
the settings for which became evident
Friday, Judge Collins today fined James
L. Kilgallen, managing editor OF
The Times, 500 and costs and added q
ten-day Jail sentence in each of the two
contempt proceedings which Adams
brought against Mr.. Kilgallen. as man
aging editor of The Times. about two
weeks ago. Appeal was Immediately taken
and Mr.. Kilgallen gave $1,000 bond.
These are the cases in which Adams
has insisted on holding Mr.. Kilgallen re-
sponsible, regardless of the fact that he
did not have any part IN the preparation
Of the alleged cOntemptuOus articles, did
not have power to prevent publication Of
them and did not actually have any part
In their utterance.
The alleged cOntemptuous articles,
which Adams resented sufficiently to
bring to the notice Of the court in a
sworn statement, were written by Mt.
Butler and published by him in accord
ahce with his authority as editor of The
Times.
Adams was well aware OF this fact.
but rather than bring the contempt pro
ceedings against the responsible party
and thereby give the responsible party
an opportunity legally to prove what he
knows Of the proceedings in the grand
jury room of Marion county and in other
activities Of Adams, the prosecutor in
sisted on citing Mr.. Kilgallen.
When the court was informed by Mr.
Kflgallen as 10 who was responsible for
the articles. he brushed the information
aside by referring to the conditions that
existed more than year ago. and under
|. the theory that permits the court to
ke judicial knowledge of certain
facs. he attempts to hold that Mr.. Kill
gallen is responsible for al publications
in The Times
Mr. EilgaIlen does not attempt TO
shirk responsibility and does not ex-
press disagreement with the policy Of
The Times to tell the truth about Grim
inal court proceedings. whether they re-
fleet credit or discredit on officials. But
it Is beyond all reason to believe that in
this enlightened community a man may
be held responsible criminally, for the
actions Of another when those actions
are out Of his control.
Yet this is the situation that has hec-
presented to the public by the action
Of Judge Collins in upholding Claris
Adams attempt to bring q summary
end to the series of disclosures that
are sure to follow the citation of the
editor of Tho Times for contempt I'm
connection with the editorial opinions
of this paper relative 20 the manner IL
which Adams, by arrangement with an
other, permitted Charles w Robinson 70
enter the grand jury room and there
examine at least four witnesses in be
half Of his clients. Benson and Harry
Parsons.
Fortunately there is supreme court
IN Indiana to which such affairs as
these may be appealed. Such an appeal
= L,a1Naow been arranged and eventually
- viii be known that justice still pre-
walls in Indiana
They were editorial In their nature and
as such were under the control Of the
editor, rather than under the control of
Mr. Kilgallen, the mana ging editor, who
has control over the news articles in The
Times.